As used in this chapter, the following terms shall have the meanings
indicated:
ARTICLE
Any of the following articles except jewelry:
D.
Computers, printers, software and computer supplies;
H.
Fur coats and other fur clothing;
L.
Pianos, organs, guitars and other musical instruments;
N.
Small electrical appliances;
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, secondhand article dealer or secondhand
jewelry dealer or an agent thereof engages in a transaction of purchase, sale,
receipt or exchange of any secondhand article or secondhand jewelry.
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.
PAWNBROKER
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.
SECONDHAND
Owned by any person, except a wholesaler, retailer or secondhand
article dealer or secondhand jewelry dealer licensed under this chapter, immediately
before the transaction at hand.
SECONDHAND ARTICLE DEALER
Any person who primarily engages in the business of purchasing or
selling secondhand articles, except 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, a convention or an auction.
B.
Any transaction entered into by a person while engaged in a business for which the person is licensed under §§
302-2 and
302-4 or while engaged in the business of junk collector, junk dealer, auctioneer or scrap processor or described in § 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 which 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 which the person
bought from a charitable organization if the secondhand article was a gift
to the charitable organization.
SECONDHAND JEWELRY DEALER
Any person who engages in the business of any transaction consisting
of purchasing, selling, receiving or exchanging secondhand jewelry, except
for the following:
A.
Any transaction at an occasional garage or yard sale, an estate sale,
a gun, knife, gem or antique show, a convention or an auction.
B.
Any transaction with a licensed secondhand jewelry dealer,
C.
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.
D.
Any transaction between a buyer of new jewelry and the person who sold
the jewelry when new, which involves any of the following:
(1)
The return of the jewelry.
(2)
The exchange of the jewelry for different, new jewelry.
E.
Any transaction as a purchaser of secondhand jewelry from a charitable
organization if the secondhand jewelry was a gift to the charitable organization.
F.
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 unless the person first obtains a pawnbroker's license under this chapter.
No person may operate as a secondhand jewelry dealer and have a principal
place of business in the City unless the person first obtains a secondhand
jewelry dealer's license under this chapter.
A person wishing to operate as a secondhand article dealer or secondhand
jewelry dealer and have a principal place of business in the City or a person
wishing to operate as a pawnbroker shall apply to the City Clerk for a license.
The Clerk shall furnish application forms which shall require the following:
A. The applicant's name, place and date of birth and residence
address.
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 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 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
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.
E. The name of the manager or proprietor of the business.
F. Any other information that the City Clerk may reasonably
require.
The Police Department 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 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 described under §
302-5C and, if so, the nature and date of the offense and the penalty assessed. The Police Department shall furnish the information derived from that investigation in writing to the City Clerk.
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 annual license fees under this chapter are as set by the Common
Council:
A. For a pawnbroker's license
B. For a secondhand article dealer's license.
C. For a secondhand jewelry dealer's license.
D. For a secondhand article dealer mall or flea market license.