[HISTORY: Adopted by the City Council of the City of Fond du Lac 8-24-2011 by Ord. No. 3472 (§ 12.12 of the 1993 Code). Amendments noted where applicable.]
Section 134.71, Wis. Stats., is hereby adopted and by reference made a part of this chapter with the same force and effect as though fully set out herein, notwithstanding the below sections.
No person shall carry on the business of pawnbroker, secondhand article dealer or secondhand jewelry dealer within the City without first having obtained a license as provided for in this chapter.
The fees for licenses issued pursuant to this chapter shall be set by resolution of the City Council.
Such license shall only be approved by the Council upon the applicant filing with the City Clerk a bond in the sum of $500 conditioned upon the payment of any forfeiture and costs which may be assessed against the holder of a license for violation of this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- Any item of value, excluding only motor vehicles, large appliances, furniture, books, and clothing other than furs and leather.
- Any person who loans money on deposit or pledge of personal property or other valuable things or deals in pledges of personal property on condition of selling the same back again at a stipulated price is hereby defined and declared to be a pawnbroker, loan broker, and keeper of a loan office within the meaning of this chapter.
- REPORTABLE TRANSACTION
- Every transaction conducted by a pawnbroker or secondhand article and jewelry dealer 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 his point-of-sale software, and 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 ARTICLE DEALER
- Any person, other than an auctioneer, who engages in the business of purchasing or selling secondhand articles, with exceptions as stated in § 134.71(1)(g), Wis. Stats.
The licensee must also take a color, digitized photograph of every item pawned or sold that does not have a unique serial or identification number permanently engraved or affixed, excluding only titled electronic media. One group photo shall suffice for mass items such as several coins acquired in one transaction. If a photograph is taken, it must be at least two inches in length by two inches in width and must be maintained in such a manner that the photograph can be readily matched and correlated with all other records of the transaction to which it relates. Such photographs must be available to the Chief of Police, or the Chief's designee, upon request. Items photographed must be accurately depicted and submitted as digital images, in a format specified by the issuing authority, electronically cross-referenced to the reportable transaction they are associated with. Entries of required digital images shall be retained a minimum of 90 days.
If licensee is unable to capture, digitize or transmit the photographs required in Subsection A, the licensee must immediately take all required photographs with a still camera, cross-reference the photographs to the correct transaction, and make the pictures available to the Police Department upon request.
Pawnbrokers and secondhand article and jewelry dealers must submit every reportable transaction in English to the Police Department daily in the following manner. Pawnbrokers and secondhand article and jewelry dealers must provide to the Police Department all required information pursuant to state statute by transferring it from their computer to the web server via modem designated by the Fond du Lac Police Department. All required records must be transmitted completely and accurately after the close of business each day in accordance with standards and procedures established by the Police Department using procedures that address security concerns of the pawnbroker or secondhand article and jewelry dealer and the Police Department. The pawnbroker or secondhand article and jewelry dealer must display a sign of sufficient size in a conspicuous place on the premises which informs all patrons that all transactions are reported daily to the Police Department.
If a pawnbroker or secondhand article and jewelry dealer is unable to successfully transfer the required reports by modem, the pawnbroker or secondhand article and jewelry dealer must provide the Police Department with printed copies of all reportable transactions by 12:00 noon the next business day.
If the problem is determined to be in the pawnbroker's or secondhand article and jewelry dealer's system and is not corrected by the close of the first business day following the failure, the pawnbroker or secondhand article and jewelry dealer must provide the required reports as detailed in state statute and shall be charged a daily reporting failure fee set by resolution of the City Council until the error is corrected; or, if the problem is determined to be outside the pawnbroker's or secondhand article and jewelry dealer's system, the pawnbroker or secondhand article and jewelry dealer must provide the required reports pursuant to state statute and resubmit all such transactions via modem when the error is corrected.
Regardless of the cause or origin of the technical problems that prevented the pawnbroker or secondhand article and jewelry dealer from uploading the reportable transactions, upon correction of the problem, the pawnbroker or secondhand article and jewelry dealer shall upload every reportable transaction from every business day the problem has existed.
The provisions of this section notwithstanding, the Police Department may, upon presentation of extenuating circumstances, delay the implementation of the daily reporting penalty.
This section shall not apply to businesses that did not have 100 reportable transactions in the past calendar year. However, any such pawnbroker or secondhand article and jewelry dealer must follow the daily reporting procedure for each reportable transaction by submitting a written transaction form approved by the Police Department to the Department on the business day following the date of the reportable transaction.
No person seeking to pawn, pledge, sell, consign, leave, or deposit any article of property with any licensee shall give a false or fictitious name, nor give a false date of birth, nor give a false or out of date address of residence or telephone number, nor present a false or altered identification of another to licensee.
No rummage sale shall hereafter be conducted in the City by other than the person owning such goods, but such sale need not be conducted on premises owned or controlled by the person; provided, however, that religious, educational, eleemosynary, charitable or veterans' organizations shall conduct such sales under the conditions set forth in Subsections B and C.
Any rummage sale permitted to be held pursuant to Subsection A above shall be conducted upon premises owned or controlled by the organization permitted to conduct such rummage sale.
Before any permitted rummage sale may be held, the organization intending to conduct such rummage sale shall file written notice of the date, time and place at least five days prior to the sale with the City Clerk.
Any person who shall violate any provision of this chapter shall, upon conviction, pay a forfeiture as described in § 1-4 of this Code, together with the costs of prosecution and any penalty assessment imposed by Wisconsin Statutes. Each day during which a violation of this chapter is permitted to exist shall be deemed to be a separate violation.