[HISTORY: Adopted by the Village Board of the Village of Webster 11-13-1997.
Amendments noted where applicable.]
GENERAL REFERENCES
Direct sellers — See Ch. 127.
A.
No person shall operate any pawnshop, secondhand store
or junk store or deal in precious metals or gems in the Village of Webster
without first having obtained a license therefor.
B.
Exceptions. The requirements of this chapter do not apply
to the following:
(1)
Transactions involving occasional garage or yard sales,
estate sales, coin, gem, antique or stamp shows, conventions or auctions.
(2)
Transactions involving the purchase of grindings, filings,
slag, sweeps, scraps or dust from an industrial manufacturer, dental laboratory,
dentist or agent thereof.
(3)
Transactions involving the purchase of photographic film,
including lithographic and x-ray for reprocessing.
(4)
Transactions for dealers licensed under this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
One of the following types of identification:
A valid Wisconsin motor vehicle operator's license.
A state identification card.
A valid motor vehicle operator's license containing a picture,
issued by another state.
A military identification card.
A valid passport.
An alien registration card.
A non-picture identification document by a state or federal government,
if a dealer also obtains a clear fingerprint of the seller's right index
finger.
A senior citizen identification card containing a photograph.
Any of the following: audiovisual equipment; bicycles; china; computers;
printers, software and computer supplies; computer toys and games; crystal;
electronic equipment; fur coats; ammunition; knives; microwave ovens; office
equipment; pianos, organs, guitars and other musical instruments;
silverware and flatware; small electrical appliances; and telephones.
Individuals, partnerships, corporations or other associations.
Any person who engages in the business of lending money on the deposit
or pledge of personal property, other than chooses in action, securities or
written evidences or indebtedness, or purchases personal property with an
expressed or implied agreement of understanding to sell it back at a subsequent
time at a stipulated price.
Any person who deals in, barters, purchases or resells any item of
personal property or object of value composed in whole or in part of platinum,
gold, silver, copper, brass, bronze,or other precious metals, or precious
or semiprecious stones, or pearls, secondhand to and from the general public
within the village from a fixed and regular place of business, who is not
a pawnbroker within the above definition.
Previously owned by a member of the general public. It does not mean
previously owned by a wholesaler, retailer or by a secondhand dealer licensed
under this chapter.
Any person, other than an auctioneer, who primarily engages in the
business of purchasing or selling secondhand articles.
Any person, other than an auctioneer, who engages in the business
of any transaction consisting of purchasing, selling, receiving or exchanging
secondhand jewelry, as his primary business. (Exceptions are listed in § 134.71,
Wis. Stats.)
Any person who deals in, barters, exchanges, purchases or resells
personal property other than those composed of precious metal and gems as
defined above, who is not either a pawnbroker or precious metal and gem dealer
as defined above.
All licenses issued under this chapter shall expire effective December
31 of the calendar year. Fees shall be as established by the Village Board.
Application for license shall be submitted to the Village Clerk-Treasurer,
who shall refer each application to the Village Board. Required license fees
shall accompany any application received by the Clerk-Treasurer.
No license issued pursuant hereto shall be assignable or inure to the
benefit of any person, firm or corporation to whom or to which the license
was not originally issued.
A.
Report of receipt. Every holder of a pawnbroker's secondhand dealer's, junk dealer's or precious metal and gem dealer's license in the Village of Webster who obtains in pawn, purchase or exchange any secondhand article or any item made in whole or in part of platinum, gold, silver, copper, brass, bronze or other precious metal, or precious or semiprecious stones or pearls, shall, within 24 hours after receiving such article, report to the Chief of Police of the Village of Webster that the same has been received, with information required to be taken under Subsection B of this section regarding the person from whom such article was received, together with description of such article.
B.
Identification of seller. No pawnbroker, secondhand dealer,
junk dealer or precious metal and gem dealer shall receive in pawn, exchange
or purchase any secondhand article or item made in whole or in part of platinum,
gold, silver, copper, brass, bronze or other precious metal or precious or
semiprecious stones or pearls without first securing adequate identification,
as defined above, from the seller.
C.
Dealer to maintain, register and obtain declaration of
seller's ownership.
(1)
Every pawnbroker, secondhand dealer, junk dealer and
precious metal and gem dealer licensed under this chapter shall keep a permanent
record of all articles and all items made in whole or in part of platinum,
gold, silver, copper, brass, bronze or other precious stones or pearls in
such form as the Chief of Police shall prescribe in which the license holder
shall record legibly, in English, the name, address and date of birth of the
seller, together with the number of any adequate identification. The dealer
shall also record the date, time and place of the purchase, pawn or exchange
and an accurate description of each article and each item which contains precious
metal or precious or semiprecious stones or pearls, including but not limited
to any trademark, identification number, serial number, model number, brand
name, description by weight and design of such article and other identifying
marks, identifying descriptions of the personal nature and, when applicable,
whether the article is a male or female item. The book shall be kept in ink
and no entry in such book shall be erased, mutilated or changed.
(2)
The dealer shall also obtain a written declaration of
the seller's ownership which shall state whether the article of secondhand
property is totally owned by the seller, how long the seller has owned the
article, whether the seller or someone else found the article and, if the
article was found, the details of its finding.
(3)
The seller shall sign his/her name in such register and
on the declaration of ownership.
(4)
Such registers shall be made available to any law enforcement
officer for inspection at any reasonable time.
D.
Holding.
(1)
Holding times.
(a)
Precious items other than gold and silver coins or bullion.
Any article of secondhand property covered by this chapter other than gold
or silver coins or bullion purchased by a pawnbroker or precious metal and
gem dealer from a member of the general public shall be kept at the dealer's
premises in the form that it was received for not less than 30 days from the
date of purchase or receipt, during which time the article shall be held separate
and apart from any other transaction and shall not be changed or altered in
any manner. The dealer shall permit the Chief of Police or any other law enforcement
officer designated by the Chief to inspect the article during the thirty-day
period.
(b)
Gold and silver coins or bullion. Any secondhand gold
or silver coins or bullion purchased by a pawnbroker or precious metal and
gem dealer from a member of the general public shall be kept on the dealer's
premises in the form that it was received for not less than 15 days from the
date of purchase or receipt, during which time the article shall be held separate
and apart from any other transaction and shall not be changed or altered in
any manner. The dealer shall permit the Chief of Police or any other law enforcement
officer designated by the Chief to inspect the article during the fifteen-day
period.
(2)
The Chief of Police or any law enforcement officer designated
by the Chief may, in his/her discretion, cause any article of secondhand property
covered by this chapter which has been exchanged or purchased, which he/she
has reason to believe was not sold or exchanged by the lawful owner, to be
held for the purpose of identification for such additional reasonable length
of time as the Chief of Police or designee deems necessary.
A.
Every pawnbroker, secondhand dealer, junk dealer and
precious metal and gem dealer licensed under this chapter who deals in transactions
of firearms, of any type or style, shall, before any transactions take place,
have on file with the Chief of Police and visibly posted on the premises all
applicable federal, state and village permits and licenses pertaining to the
possession and sale of firearms.
B.
Report of receipt. Every pawnbroker, precious metal and
gem dealer or secondhand dealer who obtains by pawn, purchase or exchange
any secondhand firearm, either smooth bore, shotgun, rifle or handgun, shall,
within 24 hours after receiving such firearm, report to the Chief of Police
of the Village of Webster the fact that the same has been received, with the
name, address and description of the person from whom such firearm was received,
together with a description of such firearm.
C.
Identification of seller. No pawnbroker, precious metal
and gem dealer or secondhand dealer shall receive in pawn, purchase or exchange
any firearm without first securing adequate identification from the seller.
For the purpose of this section, adequate identification shall be one of those
means so defined above.
D.
Any firearm received in pawn, purchase or exchange by
a pawnbroker, precious metal and gem dealer or secondhand dealer from a member
of the general public shall be kept in the dealer's premises in the form
that it was received for not less than 30 days from the date of purchase or
receipt, during which time the article shall be held separate and apart from
any other transaction and shall not be changed or altered in any manner. The
dealer shall permit the Chief of Police or any other law enforcement officer
designated by the Chief to inspect the article during the thirty-day period.
E.
Any and all persons wanting to purchase a firearm, of
any type or style, from a pawnbroker, precious metal and gem dealer or secondhand
dealer shall furnish adequate identification using the means defined above.
The person(s) wanting to purchase the firearm shall submit to a five-day waiting
period before obtaining the firearm. During this five-day waiting period any
and all identification supplied by the person(s) wanting to purchase the firearm
shall be checked by the Chief of Police or his/her designee for criminal history
and/or history of domestic violence or abuse. Should such a criminal history
exist, permission to purchase a firearm will be denied.
It is hereby deemed to be in the public interest to discourage trafficking
in stolen property and to assist the police authorities in the recovery of
stolen goods and the apprehension of thieves. Therefore, no pawnbroker's,
secondhand or junk dealer's or precious metal and gem dealer's license
shall be granted to any person not in good moral character. The Chief of Police
shall investigate or cause to be investigated each applicant for any license
under this chapter and shall furnish to the Village Clerk-Treasurer, in writing,
the information derived from any such investigation.
A.
The governing body of the Village of Webster 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 convicted within the preceding 10 years
of a felony or within the preceding five years of a misdemeanor, statutory
violation punishable by forfeiture or county or municipal 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 body, Village of Webster,
a bond of $5,000, with not fewer than two sureties, for the observation of
all municipal ordinances relating to pawnbrokers.
B.
No license issued under this chapter may be transferred.
C.
Each license for a pawnbroker, secondhand article dealer
or secondhand jewelry dealer is valid from January 1 until the following December
31.
The Village of Webster Village Board is hereby granted the authority
to revoke or refuse to issue any license under this chapter upon cause shown.
Cause for revoking or denying such license shall include, but not be limited
to, the following: violations of this chapter, violations of §§ 134.71,
943.34 (Receiving stolen property), 948.63 (Receiving property from a child)
and 943.37 (Alteration of property identification marks), Wis. Stats., or
local ordinances in conformity with such section.
A.
Any person, firm or corporation violating this chapter
shall, upon conviction for a first offense, forfeit not less than $50 nor
more than $1,000, together with the costs of prosecution, and, in default
of payment, shall be imprisoned in the house of correction or county jail
not to exceed six months, or until such forfeiture and costs are paid.
B.
Any person, firm or corporation violating this chapter
shall, upon conviction for a second or subsequent offense, forfeit not less
than $500 nor more than $2,000, together with the costs of prosecution, and,
in default of payment, shall be imprisoned in the house of correction or county
jail not to exceed six months, or until such forfeiture and costs are paid.
C.
All others applicable village ordinances shall apply.
