As used in this chapter, the following terms shall have the
meanings indicated:
ADEQUATE IDENTIFICATION
One of the following types of identification:
A.
A valid Wisconsin motor vehicle operator's license;
B.
A valid state identification card;
C.
A valid government-issued passport;
D.
A military identification card;
E.
A valid motor vehicle operator's license, containing a
picture, issued by another state.
ARTICLE
Any of the following:
F.
Computers, printers, software, and computer supplies.
I.
Electronic equipment and appliances.
J.
Firearms, knives, and ammunition.
K.
Fur coats and other fur clothing.
N.
Genuine designer handbags and designer sunglasses.
R.
Leather coats or other leather clothing.
V.
Pianos, organs, guitars, and other musical instruments.
Y.
Sports memorabilia with a resale value greater than $100.
BB.
Videotapes or discs, audio tapes or discs, and other optical
media.
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.
PAWNBROKER
Any person who engages in the business of lending money on
the deposit or pledge of any article or jewelry, or purchases any
article or jewelry with an expressed or implied agreement of understanding
to sell it back at a subsequent time at a stipulated price.
PERSON IN CHARGE
An employee who has undergone the background check requirements of §
238-6 of the Municipal Code.
REPORTABLE TRANSACTION
Every transaction conducted by a pawnbroker, secondhand article
dealer or secondhand jewelry dealer in which an article or articles
are received by a pawnbroker, secondhand article dealer or secondhand
jewelry dealer through purchase, consignment, or trade, or in which
a previous pawn agreement is renewed, extended, voided, or redeemed,
or for which a unique transaction number or identifier is generated
by their point-of-sale software, or an item is confiscated by law
enforcement, 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 subsequent retail sale of said articles,
provided the pawnbroker, secondhand article dealer or secondhand jewelry
dealer 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
pawnbrokers, secondhand article dealers or secondhand jewelry dealers
by pawn or purchase, and for which all applicable hold and/or redemption
periods have expired.
SECONDHAND ARTICLE
An article listed in Subsections A through BB under the definition
of "article," owned by any person, except a wholesaler, retailer,
or licensed secondhand article dealer or secondhand jewelry dealer,
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 and is not a
pawnbroker or a secondhand jewelry dealer as defined under this section.
SECONDHAND JEWELRY DEALER
Any person, other than an auctioneer, who engages in any
business of any transaction consisting of purchasing, selling, receiving,
or exchanging secondhand jewelry, who is not a pawnbroker as defined
under this section.
Any person seeking to obtain a license to conduct business as
a pawnbroker, secondhand article dealer or secondhand jewelry dealer
must submit an application to the City Clerk. The Clerk shall provide
the applicant with application forms approved by the Police Department.
Each license issued under this chapter must be displayed in
a conspicuous place visible to anyone entering a licensed premises.
The Police Department shall investigate each applicant for a
pawnbroker license, secondhand article dealer license or secondhand
jewelry dealer license to determine whether the applicant has been
convicted of a felony, 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. The results
of the investigation shall be furnished to the City Clerk in writing.
Every pawnbroker, secondhand article dealer or secondhand jewelry
dealer shall have on premises a person in charge at all times that
the pawnbroker, secondhand article dealer or secondhand jewelry dealer
is open to the public.
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 an unemancipated
minor unless the minor is accompanied by his or her parent or guardian
at the time of the transaction or the minor provides written consent
from his or her parent or guardian to engage in the transaction.
The City may, upon sufficient cause, suspend, revoke, or deny
renewal of any license issued under this chapter. Cause for suspending,
revoking or denying renewal of such license shall include, but not
be limited to, the following:
A. Violations of this chapter; violations of §§ 134.71,
943.10 (Burglary), 943.11 (Entry into locked vehicle), 943.12 (Possession
of burglarious tools), 943.20 (Theft), 943.201 (Unauthorized use of
an individual's personal identifying information or documents),
943.203 (Unauthorized use of an entity's identifying information
or documents), 943.34 (Receiving stolen property), 943.37 (Alteration
of property identification marks), 943.38 (Forgery), 943.39 (Fraudulent
writings), 943.392 (Fraudulent data alteration), 943.40 (Fraudulent
destruction of certain writings), 948.62 (Receiving stolen property
from a child), and 948.63 (Receiving property from a child) of the
Wisconsin Statutes; or violations of local ordinances in conformity
with such provisions.
B. Any fraud, misrepresentation, or false statement contained in the
application for a license.