[HISTORY: Adopted by the Common Council of the City of Jefferson 10-4-2011 by Ord. No.
15-11. Amendments noted where applicable.]
Section 134.71 of the Wisconsin Statutes, and as may be amended
from time to time, is hereby adopted by reference.
As used in this chapter, the following terms shall have the
meanings indicated:
Any of the following articles except jewelry:
Audio-visual equipment.
Bicycles.
China.
Computers, laptops, printers, software and computer supplies.
Computer toys, gaming systems and games.
Crystal.
Electronic equipment.
Fur coats and other fur clothing.
Ammunition and knives.
Microwave ovens.
Office equipment.
Pianos, organs, guitars, and other musical instruments.
Silverware and flatware.
Small electric appliances.
Telephones.
An individual who is registered as an auctioneer under Ch.
480, Wis. Stats., and who sells secondhand articles or secondhand
jewelry at an auction, as defined in § 480.01(1), Wis. Stats.
A corporation, trust or community chest, fund or foundation,
organized and operated exclusively for religious, charitable, scientific,
literary or educational purposes or for the prevention of cruelty
to children or animals, no part of the net earnings of which inures
to the benefit of any private shareholder or individual.
A person with whom a pawnbroker, secondhand article dealer
or secondhand jewelry dealer or an agent thereof engages in a transaction
or purchase, sale, receipt or exchange of any secondhand article or
secondhand jewelry.
Any tangible personal property ordinarily wearable on the
person and consisting in whole or in part of any metal, mineral or
gem customarily regarded as precious or semiprecious.
The City of Jefferson.
Any person who engages in the business of lending money on
the deposit or pledge of any article or jewelry, or purchasing any
article or jewelry with an expressed or implied agreement or understanding
to sell it back at a subsequent time at a stipulated price.
Owned by any person, except a wholesaler, retailer or secondhand
article dealer or secondhand jewelry dealer licensed under this section,
immediately before the transaction at hand.
Any person, other than an auctioneer, who engages in the
business of purchasing or selling secondhand articles, except when
engaging in any of the following:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
Any transaction while operating as a charitable organization
or conducting a sale, the proceeds of which are donated to a charitable
organization.
Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization.
Any transaction as a seller of a secondhand article which the
person bought from a charitable organization if the secondhand article
was a gift to the charitable organization.
Any person, other than an auctioneer, who engages in the
business of any transaction consisting of purchasing, selling, receiving,
or exchanging secondhand jewelry, except for the following:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
Any transaction with a licensed secondhand jewelry dealer.
Any transaction entered into by a person while engaged in a
business of smelting, refining, assaying or manufacturing precious
metals, gems or valuable articles if the person has no retail operation
open to the public.
Any transaction as a purchaser of secondhand jewelry from a
charitable organization if the secondhand jewelry was a gift to the
charitable organization.
Any transaction as a seller of secondhand jewelry which the
person bought from a charitable organization if the secondhand jewelry
was a gift to the charitable organization.
No person may operate as a pawnbroker within the municipality
unless the person first obtains a pawnbroker's license under
this section. A license issued to a pawnbroker by the City Clerk authorizes
the licensee to operate as a pawnbroker within the municipality.
A.
Except as provided in § 205-8, no person may operate as a secondhand article dealer within the municipality unless the person first obtains a secondhand article dealer's license under this section. A license issued to a secondhand article dealer by the City Clerk authorizes the licensee to operate as a secondhand article dealer within the municipality.
No person may operate as a secondhand jewelry dealer within
the municipality unless the person first obtains a secondhand jewelry
dealer's license under this section. A license issued to a secondhand
jewelry dealer by the City Clerk authorizes the licensee to operate
as a secondhand jewelry dealer within the municipality.
A person wishing to operate as a pawnbroker, secondhand article dealer or a secondhand jewelry dealer and who has a principal place of business within the municipality shall apply for a license to the City Clerk. The Clerk shall furnish application forms under § 205-13 that shall require all of the following:
A.
The applicant's name, place and date of birth, telephone number,
residence address and all states where the applicant has previously
resided.
B.
The names and addresses of the business and of the owner of the business
premises.
C.
A statement as to whether the applicant has been arrested for or
convicted within the preceding 10 years of a felony or within the
preceding 10 years of a misdemeanor, statutory violation punishable
by forfeiture or ordinance violation in which the circumstances of
the felony, misdemeanor or other offense substantially related to
the circumstances of the licensed activity and, if so, the nature
and date of the offense and the penalty assessed.
D.
Whether the applicant is a natural person, corporation, limited liability
company or partnership, and:
E.
The name of the manager or proprietor of the business.
F.
Any other information that the Clerk may reasonably require.
The Chief of Police of the municipality shall investigate each applicant for a pawnbroker's, secondhand article dealer's or secondhand jewelry dealer's license to determine whether the applicant has been arrested for or convicted within the preceding 10 years of a felony or within the preceding 10 years of a misdemeanor, statutory violation punishable by forfeiture or ordinance violation described under § 205-6C and, if so, the nature and date of the offense and the penalty assessed. The Chief of Police shall furnish the information derived from that investigation in writing to the City Clerk of the municipality.
A.
The Common Council, after reviewing the recommendation of the regulatory
committee, shall grant the license if all of the following apply:
(1)
The applicant, including an individual, a partner, a member of a
limited liability company or an officer, director or agent of any
corporate applicant, has not been arrested for or convicted within
the preceding 10 years of a felony or within the preceding 10 years
of a misdemeanor, statutory violation punishable by forfeiture or
ordinance violation in which the circumstances of the felony, misdemeanor
or other offense substantially relate to the circumstances of being
a pawnbroker, secondhand jewelry dealer, secondhand article dealer
or secondhand article dealer mall or flea market owner.
(2)
With respect to an applicant for a pawnbroker's license, the
applicant provides to the governing bond a surety bond of $500, for
the observation of all municipal ordinances relating to pawnbrokers.
B.
No license issued under this section may be transferred.
C.
Each license issued under this section for a pawnbroker, secondhand
article dealer or secondhand jewelry dealer is valid from July 1 until
the following June 30.
A.
Identification. No pawnbroker, secondhand article dealer or secondhand
jewelry dealer may engage in a transaction of purchase, receipt or
exchange of any secondhand article or secondhand jewelry from a customer
without first securing adequate identification from the customer.
At the time of the transaction, the pawnbroker, secondhand article
dealer or secondhand jewelry dealer shall require the customer to
present one of the following types of identification:
(1)
A state identification card.
(2)
A valid Wisconsin motor vehicles operator's license.
(3)
A valid motor vehicle operator's license, containing a picture,
issued by another state.
(4)
A military identification card.
(5)
A valid passport.
(6)
A senior citizen's identification card containing a photograph.
(7)
Any identification document issued by a state or federal government
whether or not containing a picture, if the pawnbroker, secondhand
article dealer or secondhand jewelry dealer obtains a clear imprint
of the customer's right index finger.
B.
C.
Records.
(1)
Except as provided in Subsection C(2), for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided under § 205-13. No entry on such a form may be erased, mutilated or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall retain an original of each form for not less than one year after the date of the transaction except as provided in Subsection E, and during that period shall make the duplicate available to any law enforcement officer for inspection at any time that the pawnbroker's, secondhand article dealer's, or secondhand jewelry dealer's principal place of business is open to the public or at any other reasonable time.
(2)
For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory the secondhand article dealer shall record the name and address of each customer, telephone number, the date, time and place of the transaction and a detailed description of the article which is the subject of the transaction. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction except as provided in Subsection E, and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time upon request of the law enforcement officer.
(3)
Every secondhand article dealer shall on a weekly basis prepare a
list that contains the name and address of each customer of the secondhand
article dealer during the week for which the list was prepared, the
date, time, and place of each transaction with each of those customers,
and a detailed description of the secondhand article, including the
secondhand article's serial number and model number, if any.
The secondhand article dealer shall retain the list for not less than
one year after the date on which the list was prepared. The secondhand
article dealer shall make the list available to the Jefferson police
for inspection at any time that the secondhand article dealer's
principal place of business is open to the public or at any other
reasonable time.
D.
Electronic recording.
(1)
All secondhand dealers, secondhand jewelry dealers or pawnbrokers shall electronically report each article purchased or received after June 1, 2011, using a computer program approved by the City of Jefferson Police Department. Such report shall occur no more than 24 hours after the article is purchased or received and shall contain a complete description as required in Subsection C(1) and (2).
(2)
If a secondhand article dealer, secondhand jewelry dealer, or pawnbroker
is unable to successfully transfer the required reports by computer,
the secondhand article dealer, secondhand jewelry dealer, or pawnbroker
must provide the Jefferson Police Department with printed copies of
all reportable transactions by 12:00 noon the next business day.
(3)
If a computer program is determined to be in the computer system
of the secondhand article dealer, secondhand jewelry dealer, or pawnbroker,
and is not corrected by the close of the first business day following
the failure, the secondhand article dealer, secondhand jewelry dealer,
or pawnbroker must provide the required reports manually as set forth
in the previous paragraph, or be charged a daily reporting failure
fee of $10 per day until the error is corrected, or, if the problem
is determined to be outside the secondhand article dealer, secondhand
jewelry dealer, or pawnbroker's computer system, the secondhand
article dealer, secondhand jewelry dealer, or pawnbroker must provide
the required reports manually and then resubmit all such transactions
via computer when the error is corrected.
(4)
Regardless of the cause or origin of the technical problem(s) that
prevented the secondhand article dealer, secondhand jewelry dealer,
or pawnbroker from uploading the reportable transactions, upon correction
of the problem, the secondhand article dealer, secondhand jewelry
dealer, or pawnbroker shall upload every reportable transaction from
every business day the problem has existed.
E.
Holding period.
(1)
Except as provided in Subsection E(4) and (6), any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be lawful owner of the secondhand article or secondhand jewelry recovers it.
(4)
If a pawnbroker, secondhand article dealer, or secondhand jewelry dealer is required to submit a report under Subsection E concerning a secondhand article or secondhand jewelry purchased or received by the pawnbroker, secondhand article dealer, or secondhand jewelry dealer and the report is required to be submitted in an electronic format, the secondhand article or secondhand jewelry shall be kept on the pawnbroker's, secondhand article's, or secondhand jewelry dealer's premises or other place for safekeeping for not less than seven days after the report is submitted.
(5)
During the period set forth in Subsection E(1), (2), (3), or (4), the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any matter. The pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall permit the Jefferson police to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry that is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer, or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time that the law enforcement officer considers necessary to identify it.
(7)
Report to Jefferson Police Department. Within 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available, for inspection by a law enforcement officer, the original form completed under Subsection C(1), or the inventory under Subsection C(2), whichever is appropriate. Notwithstanding § 19.35(1) Wis. Stats., the Jefferson Police Department receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency.
(8)
Exception for customer return or exchange. Nothing in this subsection
applies to the return or exchange, from a customer to a secondhand
article dealer or secondhand jewelry dealer, of any secondhand article
or secondhand jewelry purchased from the secondhand article dealer
or secondhand jewelry dealer.
A.
The owner of any premises or land upon which two or more persons
operate as secondhand article dealers may obtain a secondhand article
dealer mall or flea market license for the premises or land if the
following conditions are met:
(1)
Each secondhand article dealer occupies a separate sales location
and identifies himself or herself to the public as a separate secondhand
article dealer.
(2)
The secondhand article dealer mall or flea market is operated under
one name and at one address, and is under the control of the secondhand
article dealer mall or flea market license holder.
(3)
Each secondhand article dealer delivers to the secondhand article
dealer mall or flea market license holder, at the close of business
on each day that the secondhand article dealer conducts business,
a record of his or her sales that includes the location at which each
sale was made.
The Common Council may revoke any license issued by it under
this chapter for fraud, misrepresentation or false statement contained
in the application for a license or for any violation of this chapter
or § 943.34, 948.62, or 948.63, Wis. Stats.
The Department of Agriculture, Trade and Consumer Protection has developed applications and other forms required under §§ 205-6 and 205-9C. The Department has made the applications and forms available to the City Clerk for distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers at no cost. The Department has made the applications and forms available by placing the applications and forms on an Internet web site.
