As used in this chapter, the following terms
shall have the meanings indicated:
CHARITABLE ORGANIZATION
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.
CUSTOMER
A person with whom a pawnbroker, or an agent thereof, engages
in a transaction of purchase, sale, receipt, or exchange of any secondhand
article.
PAWNBROKER
Any person who engages in the business of lending money on
the deposit or pledge of any article or purchasing any article with
an expressed or implied agreement or understanding to sell it back
at a subsequent time at a stipulated price. To the extent that a pawnbroker's
business includes buying personal property previously used, rented,
leased, or selling it on consignment, the provisions of this chapter
shall be applicable. A person is not acting as a pawnbroker when engaging
in any of the following:
A.
Any transaction at an occasional garage or yard
sale, an estate sale, a gun, knife, gem, or antique show, or a convention.
B.
Any transaction entered into by a person engaged
in the business of junk collector, junk dealer, or scrap processor,
as described in s. 70.995(2)(x), Wis. Stats.
C.
Any transaction while operating as a charitable
organization or conducting a sale, the proceeds of which are donated
to a charitable organization.
D.
Any transaction between a buyer of a new article
and the person who sold the article when new that involves any of
the following:
(1)
The return of the article.
(2)
The exchange of the article for a different,
new article.
E.
Any transaction as a purchaser of a secondhand
article from a charitable organization if the secondhand article was
a gift to the charitable organization.
F.
Any transaction as a seller of a secondhand
article that the person bought from a charitable organization if the
secondhand article was a gift to the charitable organization.
REPORTABLE TRANSACTION
Every transaction conducted by a pawnbroker in which an article
or articles are received through a pawn, purchase, consignment, or
trade, or in which a pawn is renewed, extended, voided, or redeemed,
or for which a unique transaction number or identifier is generated
by their point-of-sale software, or an item is confiscated by law
enforcement, is reportable except:
A.
The bulk purchase or consignment of new or used
articles from a merchant, manufacturer, or wholesaler having an established
permanent place of business, and the retail sale of said articles,
provided the pawnbroker must maintain a record of such purchase or
consignment that describes each item, and must mark each item in a
manner that relates it to that transaction record.
B.
Retail and wholesale sales of articles originally
received by pawn or purchase, and for which all applicable hold and/or
redemption periods have expired.
SECONDHAND
Owned by any person, except a wholesaler, retailer, or licensed
secondhand article dealer, immediately before the transaction at hand.
At all times during the term of the license,
the pawnbroker must allow the Police Department to enter the premises
where the licensed business is located, including all off-site storage
facilities, during normal business hours, except in an emergency,
for the purpose of inspecting such premises and inspecting the items,
wares, merchandise, and records therein to verify compliance with
this chapter or other applicable laws.
No person may operate as a pawnbroker in the
city unless the person first obtains a pawnbroker license under this
chapter.
Each license issued under this chapter shall
be displayed in a conspicuous place visible to anyone entering a licensed
premise.
A person wishing to operate as a pawnbroker
shall apply for a license to the City Clerk-Treasurer. The City Clerk-Treasurer
shall furnish application forms approved by the Police Department
that shall require all of the following:
A. The applicant's name, place and date of birth, current
residence address, and residence addresses for the ten-year period
prior to the date of the application.
B. The name and address of the business and of the owner
of the business premises.
C. Whether the applicant is a natural person, corporation,
limited liability company, or partnership, and:
(1) If the applicant is a corporation, the state where
incorporated and the names and addresses of all officers and directors.
(2) If the applicant is a partnership, the names and addresses
of all partners.
(3) If the applicant is a limited liability company, the
names and addresses of all members.
(4) The name of the manager or proprietor of the business.
(5) Any other information that the City Clerk-Treasurer
may reasonably require.
D. A statement as to whether the applicant, including
an individual, agent, officer, director, member, partner, manager,
or proprietor, has been convicted of any crime, statutory violation
punishable by forfeiture, or county or municipal ordinance violation.
If so, the applicant must furnish information as to the time, place,
and offense of all such convictions.
E. Whether the applicant or any other person listed in Subsection
D above has ever used or been known by a name other than the applicant's name, and if so, the name or names used and information concerning dates and places used.
F. Whether the applicant or any other person listed in Subsection
D above has previously been denied or had revoked or suspended a pawnbroker license from any governmental unit. If so, the applicant must furnish information as to the date, location, and reason for the action.
The Police Department shall investigate each
applicant and any other person listed in Subsection C above for a
pawnbroker license. The Department shall furnish the information derived
from that investigation in writing to the City Clerk-Treasurer. The
investigation shall include each agent, officer, member, partner,
manager, or proprietor.
Every pawnbroker must provide a receipt to the
party identified in every reportable transaction and must maintain
a duplicate of that receipt for three years. The receipt must include
at least the following information:
A. The name, address, and telephone number of the licensed
business.
B. The date and time the item was received by the pawnbroker.
C. Whether the item was pawned or sold, or the nature
of the transaction.
D. An accurate description of each item received, including,
but not limited to, any trademark, identification number, serial number,
model number, brand name, or other identifying mark on such an item.
E. The signature or unique identifier of the pawnbroker
or employee that conducted the transaction.
F. The amount advanced or paid.
G. The monthly and annual interest rates, including all
pawn fees and charges.
H. The last regular day of business by which the item
must be redeemed by the pledger without risk that the item will be
sold, and the amount necessary to redeem the pawned item on that date.
I. The full name, residence address, residence telephone
number, and date of birth of the pledger or seller.
J. The identification number and state of issue from
any of the following forms of identification of the seller:
(1) Current, valid Wisconsin driver's license;
(2) Current, valid Wisconsin identification card; or
(3) Current, valid photo driver's license or identification
card issued by another state or province of Canada.
K. Description of the pledger or seller, including approximate
sex, height, weight, race, color of eyes, and color of hair.
L. The signature of the pledger or seller.
Pawnbrokers must attach a label to every item
at the time it is pawned, purchased, or received in inventory from
any reportable transaction. Permanently recorded on this label must
be the number or name that identifies the transaction in the shop's
records, the transaction date, the name of the item and the description
or the model and serial number of the items as reported to the Police
Department, whichever is applicable, and the date the item is out
of pawn or can be sold, if applicable. Labels shall not be reused.
[Amended 10-13-2020 by Ord. No. 20-12]
A. An annual fee as set forth in the fee schedule adopted
as part of the annual budget document shall be charged and payable
within 30 days of the billing date. Failure to pay within that time
period is a violation of this chapter.
B. The City of Rice Lake fee schedule adopted as part
of the annual budget document is hereby amended by adding thereto
a fee for a pawnbroker license and the annual fee for the electronic
software. The license and annual fee may be amended from time to time
by the Common Council.
Any person who is convicted of violating any
of the provisions of this chapter shall forfeit not less than $5 nor
more than $2,000, plus the costs of prosecution, and in default of
such payment, shall be imprisoned in the county jail until such forfeiture
and costs are paid, but not exceeding 90 days. Each day of violation
shall constitute a separate offense.
If any section of this chapter is found to be
unconstitutional or otherwise invalid, the validity of the remaining
sections shall not be affected.