Section 134.71 of the Wisconsin Statutes, as amended from time
to time, is hereby adopted by reference.
As used in this chapter, the following terms shall have the
meanings indicated:
ARTICLE
Any of the following articles except jewelry:
D.
Computers, laptops, printers, software and computer supplies.
E.
Computer toys, gaming systems and games.
H.
Fur coats and other fur clothing.
L.
Pianos, organs, guitars and other musical instruments.
N.
Small electrical appliances.
P.
Compact discs, audiotapes, videotapes, DVDs, GPS units, and
other optical media and optical media recording or replaying devices.
Q.
Power tools and pneumatic tools.
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 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 §
403-3 or
403-5 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 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.
[Amended 7-5-2022 by Ord. No. 22-63]
No person may operate as a pawnbroker within the municipality
unless the person first obtains a pawnbroker's license under this
chapter. A license issued to a pawnbroker by the City Clerk authorizes
the licensee to operate as a pawnbroker within the municipality.
[Amended 7-5-2022 by Ord. No. 22-63]
No person may operate as a secondhand article dealer within
the municipality unless the person first obtains a secondhand article
dealer's license under this chapter. A license issued to a secondhand
article dealer by the City Clerk authorizes the licensee to operate
as a secondhand article dealer within the municipality.
[Amended 7-5-2022 by Ord. No. 22-63]
No person may operate as a secondhand jewelry dealer within
the municipality unless the person first obtains a secondhand jewelry
dealer's license under this chapter. A license issued to a secondhand
jewelry dealer by the City Clerk authorizes the licensee to operate
as a secondhand jewelry dealer within the municipality.
[Amended 7-5-2022 by Ord. No. 22-63]
A person wishing to operate as a pawnbroker, secondhand article
dealer or a secondhand jewelry dealer within the municipality shall
apply for a license to the City Clerk. The Clerk shall furnish application
forms that shall require all of the following:
A. The applicant's name, place and date of birth, telephone number 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 arrested for or
convicted within the preceding 10 years of a felony or within the
preceding five years of a misdemeanor, statutory violation punishable
by forfeiture, or ordinance violation in which the circumstances of
the felony, misdemeanor or other offense substantially related 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 Clerk may reasonably require.
[Amended 7-5-2022 by Ord. No. 22-63]
The Chief of Police of the municipality 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 arrested for or convicted within the preceding 10 years of a felony or within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture, or ordinance violation described under §
403-6C and, if so, the nature and date of the offense and the penalty assessed. The Chief of Police shall furnish the information derived from that investigation in writing to the City Clerk.
The Licensing Board of the Common Council may revoke any license
issued by the Common Council 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 license fees under this chapter are as set by the Common
Council and provided under separate fee schedule.