[HISTORY: Adopted by the Common Council of the City of Watertown
by Ord. No. 09-29 (§ 9.04 of the former City Code); amended by Ord. No. 10-14. Subsequent
amendments noted where applicable.]
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:
Any of the following articles except jewelry:
Audiovisual equipment.
Bicycles.
China.
Computers, laptops, printers, software and computer supplies.
Computer toys, gaming systems and games.
Crystal.
Electronic equipment.
Fur coats and other fur clothing.
Ammunition and knives.
Microwave ovens.
Office equipment.
Pianos, organs, guitars and other musical instruments.
Silverware and flatware.
Small electrical appliances.
Telephones.
Compact discs, audiotapes, videotapes, DVDs, GPS units, and
other optical media and optical media recording or replaying devices.
Power tools and pneumatic tools.
Firearms.
Paper currency.
Sports equipment.
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.
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.
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.
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.
The City of Watertown.
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.
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.
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:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
Any transaction while operating as a charitable organization
or conducting a sale the proceeds of which are donated to a charitable
organization.
Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization.
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.
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:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
Any transaction with a licensed secondhand jewelry dealer.
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.
Any transaction as a purchaser of secondhand jewelry from a
charitable organization if the secondhand jewelry was a gift to the
charitable organization.
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:
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.
A.
The Common Council, after reviewing the recommendation of the Licensing
Board, shall grant the license if all of the following apply:
(1)
The applicant, including an individual, a partner, a member of a
limited liability company or an officer, director or agent of any
corporate applicant, has not 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 relate to the circumstances of being
a pawnbroker, secondhand jewelry dealer, secondhand article dealer
or secondhand article dealer mall or flea market owner.
(2)
With respect to an applicant for a pawnbroker's license, the applicant
provides to the governing body a surety bond of $500 for the observation
of all municipal ordinances relating to pawnbrokers.
B.
No license issued under this section may be transferred.
C.
Each license issued under this section for a pawnbroker, secondhand
article dealer or secondhand jewelry dealer is valid from July 1 until
the following June 30.
A.
Identification. No pawnbroker, secondhand article dealer or secondhand
jewelry dealer may engage in a transaction of purchase, receipt or
exchange of any secondhand article or secondhand jewelry from a customer
without first securing adequate identification from the customer.
At the time of the transaction, the pawnbroker, secondhand article
dealer or secondhand jewelry dealer shall require the customer to
present one of the following types of identification:
(1)
A state identification card.
(2)
A valid Wisconsin motor vehicle operator's license.
(3)
A valid motor vehicle operator's license, containing a picture, issued
by another state.
(4)
A military identification card.
(5)
A valid passport.
(6)
A senior citizen's identification card containing a photograph.
(7)
Any identification document issued by a state or federal government,
whether or not containing a picture, if the pawnbroker, secondhand
article dealer or secondhand jewelry dealer obtains a clear imprint
of the customer's right index finger.
B.
Transactions with persons under 18 years of age:
C.
Records to be maintained.
(1)
Except as provided in Subsection C(2), for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided by the City Clerk. No entry on such a form may be erased, mutilated or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall retain an original of each form for not less than one year after the date of the transaction, except as provided in Subsection F, and during that period shall make the duplicate available to any law enforcement officer for inspection at any reasonable time upon the request of the law enforcement officer.
[Amended 7-5-2022 by Ord. No. 22-63]
(2)
For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory on the appropriate form provided by the City Clerk. In this inventory the secondhand article dealer shall record the name and address of each customer, telephone number, the date, time and place of the transaction and a detailed description of the article which is the subject of the transaction. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction, except as provided in Subsection F, and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time upon request of the law enforcement officer.
[Amended 7-5-2022 by Ord. No. 22-63]
(3)
For each transaction described in Subsection C(1) and (2) above in which the retail price of the secondhand article or secondhand jewelry exceeds $100, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to provide a clear imprint of the customer's right index finger, which record shall be retained and provided to the Watertown Police Department upon request.
[Amended 3-31-2014 by Ord. No. 14-13]
(4)
For each transaction described in Subsection C(1) and (2) above in which the retail price of the secondhand article or secondhand jewelry exceeds $100, a pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall take and retain a clear, unobstructed digital photograph of the article, which photograph shall be retained and provided to the Watertown Police Department upon request. This requirement shall not apply to any articles that have a clear, unaltered serial number or identification number.
[Amended 3-31-2014 by Ord. No. 14-13]
D.
Electronic recording.
(1)
All secondhand dealers, secondhand jewelry dealers or pawnbrokers shall electronically report each article purchased or received after June 30, 2010, using a computer program approved by the City of Watertown Police Department. Such report shall occur no more than 24 hours after the article is purchased or received and shall contain a complete description as required in Subsection C(1) and (2).
(2)
If a secondhand article dealer, secondhand jewelry dealer, or pawnbroker
is unable to successfully transfer the required reports by computer,
the secondhand article dealer, secondhand jewelry dealer or pawnbroker
must provide the Watertown Police Department with printed copies of
all reportable transactions by 12:00 noon the next business day.
(3)
If a computer problem is determined to be in the computer system
of the secondhand article dealer, secondhand jewelry dealer, or pawnbroker
and is not corrected by the close of the first business day following
the failure, the secondhand article dealer, secondhand jewelry dealer,
or pawnbroker must provide the required reports manually as set forth
in the previous subsection or be charged a daily reporting failure
fee as set by the Common Council and provided under separate fee schedule
until the error is corrected, or if the problem is determined to be
outside the secondhand article dealer's, secondhand jewelry dealer's,
or pawnbroker's computer system, the secondhand article dealer, secondhand
jewelry dealer, or pawnbroker must provide the required reports manually
and then submit all such transactions via computer when the error
is corrected.[1]
(4)
Regardless of the cause or origin of the technical problem(s) that
prevented the secondhand article dealer, secondhand jewelry dealer,
or pawnbroker from uploading the reportable transactions, upon correction
of the problem, the secondhand article dealer, secondhand jewelry
dealer, or pawnbroker shall upload every reportable transaction from
every business day the problem has existed.
E.
Holding period.
(1)
Except as provided in Subsection F, any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.
(2)
Except as provided in Subsection F, any secondhand article purchased or received by a secondhand article dealer shall be kept on the secondhand article dealer's premises or other place for safekeeping for not less than 10 days after the date of purchase or receipt.
(3)
Except as provided in Subsection F, any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the secondhand jewelry dealer's premises or other place for safekeeping for not less than 15 days after the date of purchase or receipt.
(4)
During the period set forth in Subsection E(1), (2) or (3), the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry which is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time which the law enforcement officer considers necessary to identify it.
F.
Report to law enforcement agency. Within seven days after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall forward by first-class mail, postage prepaid, or by personal delivery to the Chief of Police of the City of Watertown, a duplicate of the original form completed under Subsection C(1) or the inventory under Subsection C(2), whichever is appropriate. Notwithstanding § 19.35(1), Wis. Stats., a law enforcement agency receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency.
[Amended 3-31-2014 by Ord. No. 14-13]
G.
Exception for customer return or exchange. Nothing in this section
applies to the return or exchange, from a customer to a secondhand
article dealer or secondhand jewelry dealer, of any secondhand article
or secondhand jewelry purchased from the secondhand article dealer
or secondhand jewelry dealer.
[Amended 3-31-2014 by Ord. No. 14-13]
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.
A.
Upon conviction for a first offense under this chapter, a person
shall forfeit not less than $50 nor more than $1,000, together with
the court costs, fees, assessments and surcharges required by law.
B.
Upon conviction for a second or subsequent offense under this chapter,
a person shall forfeit not less than $500 nor more than $2,000, together
with the court costs, fees, assessments and surcharges required by
law.