[HISTORY: Adopted by the Common Council of the City of Monona as Title 7, Ch. 7, of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Transient merchants — See Ch. 404.
[Amended 4-16-2013 by Ord. No. 3-13-643]
As used in this chapter, the following terms shall have the meanings indicated:
ARTICLE
Any of the following items except jewelry:
A. 
Audiovisual equipment;
B. 
Bicycles;
C. 
China;
D. 
Computers, printers, software and computer supplies;
E. 
Computer toys and games;
F. 
Crystal;
G. 
Electronic equipment;
H. 
Fur coats and other fur clothing;
I. 
Ammunition and knives;
J. 
Microwave ovens;
K. 
Office equipment;
L. 
Pianos, organs, guitars and other musical instruments;
M. 
Video tapes or discs, audio tapes or discs, and other optical media.[1]
N. 
Silverware and flatware;
O. 
Small electrical appliances;
P. 
Telephones.
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.[2]
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.
CONSIGNMENT
A method of selling secondhand merchandise whereby the owner of the merchandise places the item with a seller to sell the merchandise, with the sales proceeds being paid to the owner and the seller being compensated by the owner, commonly in the form of a percentage of the sales proceeds.
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:[3]
A. 
Any transaction at an occasional garage or yard sale; an estate sale; a gun, knife, gem or antique show; a convention or an auction.
B. 
Any transaction entered into by a person while engaged in a business for which the person is licensed under §§ 328-2 and 328-4 or while engaged in the business of junk collector, junk dealer or scrap processor or 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:[4]
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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 governing body of a municipality authorizes the licensee to operate as a pawnbroker in that municipality. The fee for such license shall be paid to the City Clerk at the time of application. The annual fee for this license shall be prescribed in the City's Fee, Forfeiture and Deposit Schedule.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Except as provided in Subsection B, no person may operate as a secondhand article dealer unless the person first obtains a secondhand article dealer's license under this chapter. A license issued to a secondhand article dealer authorizes the licensee to operate as a secondhand article dealer anywhere in the state. The fee for such license shall be paid to the City Clerk at the time of application. The annual fee for this license shall be as prescribed in the City's Fee, Forfeiture and Deposit Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
A person who operates as a secondhand article dealer only on premises or land owned by a person having a secondhand dealer mall or flea market license under § 328-9 need not obtain a secondhand article dealer's license.
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. The fee for such license shall be paid to the City Clerk at the time of application. The annual fee for this license shall be as prescribed in the City's Fee, Forfeiture and Deposit Schedule.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A person wishing to operate as a pawnbroker shall apply for a license to the City Clerk; 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 for a license to the City Clerk The Clerk shall furnish application forms, which shall require the following:
A. 
The applicant's name, place and date of birth, 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 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, addresses and birth dates of all officers and directors.
(2) 
If the applicant is a partnership, the names, addresses and birth dates 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, including address and birth date.
F. 
Any other information that the City Clerk may reasonably require.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 § 328-5C 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The City Clerk 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 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 City 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
With respect to an applicant for a pawnbroker's license, the applicant provides to the City a bond of $500, with not less than two sureties, for the observation of all City ordinances relating to pawnbrokers.
B. 
No license issued under this section may be transferred.
C. 
Term of license:
(1) 
Each license for a pawnbroker, secondhand article dealer or secondhand jewelry dealer is valid from July 1 until the following June 30.
(2) 
Each license for a secondhand article dealer mall or flea market is valid for one year, from July 1 of an odd-numbered year until June 30 of the next odd-numbered year.
[Amended 4-16-2013 by Ord. No. 3-13-643]
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 and record one of the following types of identification (all which include birth date):
(1) 
A county identification card.
(2) 
A state identification card.
(3) 
A valid Wisconsin motor vehicle operator's license.
(4) 
A valid motor vehicle operator's license, containing a picture, issued by another state.
(5) 
A military identification card.
(6) 
A valid passport.
(7) 
An alien registration card.
(8) 
A senior citizen's identification card containing a photograph.
(9) 
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 minors.
(1) 
Except as provided in Subsection B(2) below, 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 any minor.
(2) 
A pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction described under Subsection B(1) above, if the minor is accompanied by his or her parent or guardian at the time of the transaction or if the minor provides a pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.
C. 
Records.
(1) 
Except as provided in Subsection B, 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. 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 and a duplicate of each form for not less than one year after the date of the transaction, except as provided in Subsection E, and during that period shall make the duplicate available to any law enforcement officer for inspection at any reasonable time.
(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. In this inventory, the secondhand article dealer shall record the name and address of each customer, 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 E, and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Electronic reporting. For each purchase, receipt or exchange of any pawnbroker, secondhand article dealer or secondhand jewelry dealer from a customer, the pawnbroker, secondhand article dealer or secondhand jewelry dealer shall electronically submit the property transaction information specified by the Monona Police Department to an electronic reporting service specified by the Monona Police Department by the close of business each day, according to the following procedures.
(a) 
Pawnbrokers, secondhand article dealer and secondhand jewelry dealers using point-of-sale software shall ensure compatibility of their software with the specified electronic reporting service and shall electronically transfer all required information from their computer to the specified electronic reporting service via Internet connection.
[1] 
If a pawnbroker, secondhand article dealer or secondhand jewelry dealer is unable to successfully transfer the required property transaction information electronically due to a problem with the system, he or she shall notify the Monona Police Department of the reason and provide the Monona Police Department with printed copies of all reportable transactions by 12:00 noon the next business day.
[2] 
If the problem is determined to be in the pawnbroker's, secondhand article dealer's or secondhand jewelry dealer's system and is not corrected by the close of the first business day following the failure, the pawnbroker, secondhand article dealer or secondhand jewelry dealer shall be charged a daily reporting failure fee as set forth in the City's Fee, Forfeiture and Deposit Schedule until the error is corrected. If the problem is determined to be outside the pawnbroker's, secondhand article dealer's or secondhand jewelry dealer's system, he or she shall not be charged the reporting failure fee.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[3] 
Regardless of the cause or origin of the technical problems that prevented the pawnbroker, secondhand article dealer or secondhand jewelry dealer from uploading the reportable transactions, upon correction of the problem, he or she shall electronically upload the information required in Subsection C(3)(a)[1] from every reportable transaction that occurred since the problem began.
[4] 
The provisions of this section notwithstanding, the Monona Police Department may, upon presentation of extenuating circumstances, delay or waive the implementation of a daily reporting penalty.
(b) 
Pawnbrokers, secondhand article dealers and secondhand jewelry dealers not using point-of-sale software shall either acquire point-of-sale software and adhere to the requirements set forth in Subsection C(3)(a) above or, if the specified electronic reporting service allows, manually enter all reportable transactions into the database via Internet connection.
(c) 
Pawnbrokers, secondhand article dealers and secondhand jewelry dealers subject to electronic reporting shall take a color, digital photograph of every item purchased, received or exchanged that does not have a unique serial or identification number affixed. This section specifically includes jewelry, coins, currency and bullion. One group photo shall suffice for mass items acquired in one transaction. When a photograph is taken it must be maintained in such a manner that it can be readily matched and correlated with all other records of the same transaction and must be made available for inspection by law enforcement for a period of not less than one year from the date of transaction.
(d) 
This Subsection C(3) shall not apply to any secondhand article dealer or secondhand jewelry dealer engaged in the sale of secondhand merchandise exclusively by consignment.
(e) 
All pawnbrokers, secondhand article dealers and secondhand jewelry dealers subject to electronic reporting pursuant to this Subsection C(3) shall pay to the City an electronic reporting and tracking system fee as set forth in the City's Fee, Forfeiture and Deposit Schedule. The fee shall be paid at the same time the fee is paid for the corresponding pawnbroker, secondhand article dealer or secondhand jewelry dealer license. Failure to pay the billable transaction fee shall result in termination of rights to access the electronic reporting system and may result in revocation of any applicable pawnbroker, secondhand article dealer or secondhand jewelry dealer license.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Holding period.
(1) 
Except as provided in Subsection D(5), any secondhand article 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 D(5), 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 21 days after the date of purchase or receipt.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Except as provided in Subsection D(5), 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 21 days after the date of purchase or receipt.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
If a pawnbroker, secondhand article dealer or secondhand jewelry dealer is required to submit a report under Subsection E concerning a secondhand article or secondhand jewelry purchased or received by the pawnbroker, secondhand article dealer or secondhand jewelry dealer, and the report is required to be submitted in an electronic format, the secondhand article or secondhand jewelry shall be kept on the pawnbroker's, secondhand article dealer's or secondhand jewelry dealer's premises or other place for safekeeping for not less than seven days after the report is submitted.[6]
[6]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(5) 
During the periods set forth in Subsection D(1), (2), (3) and (4) above, 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 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.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(6) 
Subsection D(1) through (5) above do not apply to any of the following:
(a) 
A coin of the United States, any gold or silver coin, or gold or silver bullion.
(b) 
A secondhand article or secondhand jewelry consigned to a pawnbroker, secondhand article dealer or secondhand jewelry dealer.
E. 
Report to law enforcement agency. With 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available for inspection by a law enforcement officer the original form or the inventory under Subsection C above, 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.
F. 
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.
A. 
The owner of any premises or land upon which two or more persons operate as secondhand article dealers may obtain a secondhand article dealer mall or flea market license for the premises or land, if the following conditions are met:
(1) 
Each secondhand article dealer occupies a separate sales location and identifies himself or herself to the public as a separate secondhand article dealer.
(2) 
The secondhand article dealer mall or flea market is operated under one name and at one address and is under the control of the secondhand article dealer mall or flea market license holder.
(3) 
Each secondhand article dealer delivers to the secondhand article dealer mall or flea market license holder, at the close of business on each day that the secondhand article dealer conducts business, a record of his or her sales that includes the location at which each sale was made.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with § 328-8.
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.