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;
M.
Video tapes or discs, audio tapes or discs, and other optical
media;
O.
Small electrical appliances;
AUCTIONEER
An individual who is registered as an auctioneer under Ch.
480, Wis. Stats., and who sells secondhand articles or secondhand jewelry at an auction, as defined in § 480.01(1), Wis. Stats.
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, other than an auctioneer, 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 or a convention.
B.
Any transaction entered into by a person while engaged in a business for which the person is licensed under §§
349-2 and
349-4 or while 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 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, other than an auctioneer, 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 or a convention.
B.
Any transaction with a licensed secondhand jewelry dealer.
C.
Any transaction entered into by a person while engaged in the
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. A license issued
to a pawnbroker by the Common Council authorizes the licensee to operate
as a pawnbroker in the City.
No person may operate as a secondhand jewelry dealer unless
the person first obtains a secondhand jewelry dealer's license under
this chapter. A license issued to a secondhand jewelry dealer authorizes
the licensee to operate as a secondhand jewelry dealer anywhere in
the state.
A person wishing to operate as a secondhand article dealer or a secondhand jewelry dealer and have a principal place of business in the City shall apply to the City Clerk-Treasurer for a license. A person wishing to operate as a pawnbroker in the City shall apply to the City Clerk-Treasurer for a license. The City Clerk-Treasurer shall furnish application forms under §
349-12 that shall require all of the following:
A. The applicant's name, place and date of birth, residence address,
and all states where the applicant has previously resided.
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 10 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, 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.
E. The name of the manager or proprietor of the business.
F. Any other information that the City Clerk-Treasurer 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 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under §
349-5C 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-Treasurer.
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 shall be as follows:
A. For a
pawnbroker's license: $210.
B. For a
secondhand article dealer's license: $75.
C. For a
secondhand jewelry dealer's license: $75.
D. For a
secondhand article dealer mall or flea market license: $165.
The Department of Agriculture, Trade and Consumer Protection shall develop applications and other forms required under §§
349-5 and
349-8C. The Department shall make the applications and forms available to the City for distribution to pawnbrokers, secondhand article dealers, and secondhand jewelry dealers at no cost. The Department may make the applications and forms available to the City by placing the applications and forms on an Internet website.