As used in this chapter, the following terms shall have the
meanings indicated:
BILLABLE TRANSACTION
Every reportable transaction except renewals, redemption,
voids or extension of existing pawns or purchases previously reported
and continuously in the pawnbroker's possession.
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 a pawnbroker's
business includes buying personal property previously used, rented,
or 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
§ 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 involved 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, is reportable except:
A.
The bulk purchase or consignment of new or used articles for
a merchant, manufacturer or wholesaler having an established permanent
place of business and the retail 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
a pawn or purchase, and for which all applicable hold and/or redemption
periods have expired.
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.
A license under this chapter authorizes the pawnbroker to carry
on its business only at the permanent place of business designated
in the license. However, upon written request, the Common Council
may approve an off-site locked and secured storage facility. The pawnbroker
shall permit inspection of the storage facility. All provisions of
this chapter regarding recordkeeping and reporting apply to the facility
and its contents. Property shall be stored in compliance with all
provisions of this Code. The pawnbroker must either own the building
in which the business is conducted, and any approved off-storage facility,
or have a lease on the business premises that extends for more than
six months.
No person may operate as a pawnbroker in the City unless the
person first obtains a pawnbroker's license under this chapter.
Each license issued under this chapter shall be displayed in
a conspicuous place visible to anyone entering the licensed premises.
A person wishing to operate as a pawnbroker shall apply for
a license to City Hall. The City 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, 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 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 address of all officers and directors.
(2) If the applicant is a partnership, the names and address 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 may reasonably require.
D. A statement as to whether the applicant, including an individual,
agent, officer, director, member, partner 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 date, location and reason for the action.
E. Whether the applicant or any other person listed in Subsection
D above has previously been denied or had revoked or suspended a pawnbroker's license from any other 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 §
427-6 above for a pawnbroker's license. The Department shall furnish the information derived from that investigation, in writing, to the Common Council. 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 marks 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 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 for any of the following
forms of identification of the seller:
(1) Current, valid Wisconsin driver's license;
(2) Current, valid Wisconsin identification card;
(3) Current, valid photo identification card or photo driver's license
issued by another state or province of Canada.
(4) Current, valid armed services identification card.
K. Description of the pledger or seller, including sex, approximate
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 pawnshop'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 our
of pawn or can be sold, if applicable. Labels shall not be reused.
Any person who is convicted of violating any of the provisions of this chapter shall be subject to a penalty as provided in §
1-4 of this Code. Each day of violation shall constitute a separate offense.