[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg as Ch. 39 of the former Municipal Codebook. Amendments
noted where applicable.]
B.
A person, other than a pawnbroker or secondhand jewelry dealer, who operates as a secondhand dealer only on premises or land owned by a person having a secondhand article dealer mall or flea-market license under § 485-5 need not obtain a secondhand article dealer's license.
C.
A person possessing a valid secondhand article dealer license or a valid secondhand jewelry dealer license issued by a county or another municipality of the State of Wisconsin under § 134.71, Wis. Stats., or an ordinance adopted pursuant thereto may operate a business in the City of Reedsburg as a secondhand article dealer or a secondhand jewelry dealer, respectively, without obtaining a license hereunder. This subsection is not intended to exempt such person from otherwise complying with the provisions of § 485-1 relating to secondhand dealers.
The following definitions apply to this chapter.
Any of the following articles except jewelry:
Audio-visual equipment.
Bicycles.
China.
Computers, printers, software and computer supplies.
Computer toys 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.
Audiotapes, compact discs, laser discs, records, videotapes,
digital video discs or other similar audio or audio-visual recording
devices.
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.
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 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 or jewelry dealer licensed under this section or § 134.71,
Wis. Stats., or an ordinance adopted pursuant thereto immediately
prior to the transaction at hand.
Any person who engages in the business of purchasing, selling
or exchanging 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, a convention or an auction.
Any transaction entered into by a person while engaged in a
business as a pawnbroker or secondhand jewelry dealer for which the
person is licensed under § 134.71, Wis. Stats., or under
any ordinance adopted pursuant thereto.
Any transaction entered into by a person while engaged in the
business of junk collector, junk dealer, auctioneer or scrap processor
as described in § 70.995(2), Wis. Stats.
Any transaction while operating as a charitable organization
or conducting a sale and 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 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 between a buyer of a new article and a seller
of new articles who accepts an occasional secondhand article in trade.
A secondhand article dealer, a secondhand jewelry dealer
or a pawnbroker.
Any person 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, a convention or an auction.
Any transaction with a licensed secondhand jewelry dealer.
Any transaction while operating as a charitable organization
or conducting a sale and the proceeds of which are donated to a charitable
organization.
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 the secondhand jewelry which
the person bought from a charitable organization if the secondhand
article was a gift to the charitable organization.
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 between a buyer of new jewelry and a seller
of new jewelry who accepts occasional secondhand jewelry in trade.
A.
Applications. Written applications for licenses under this section
for specific premises, together with the applicable license fees,
shall be filed with the City Clerk-Treasurer for presentation to the
Common Council at any regular or special meeting thereof. The Clerk-Treasurer
shall file a copy of such application with the Police Department forthwith.
Licenses issued under this section shall not be transferable.
(1)
The application shall state 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 five 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 related
to the circumstances of the licensed activity and, if so, the nature
and date of the offense and the penalty assessed.
(e)
The name of the manager or proprietor of the business.
(f)
Any other information that the City Clerk-Treasurer may reasonably
require.
B.
Fees. The fees for licenses under this section are as set by the
Common Council from time to time and included in the City's Fee Schedule,
for the following:
[Amended 11-14-2011;
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
A secondhand article dealer.
(2)
Secondhand article dealers who operate a business for buying, selling,
exchanging or receiving into possession used or secondhand parts of
bicycles.
(3)
Pawnbroker.
(4)
Secondhand dealer mall or flea market license.
(5)
Special event secondhand dealer mall or flea market license for a
period of no more than three consecutive days. The license shall set
forth the exact days on which such business or event may be carried
on.
C.
Separate license. A separate license shall be obtained for each individual
premises from which the business is operated.
D.
License renewal. Annual licenses shall expire on the 30th day of
June after the granting thereof. Renewal licenses shall be obtained
on or before June 30 of each year or be subject to a late filing fee
of 15% of the license fee or a minimum of $3, whichever is greater.
Payment of the late filing fee shall not relieve any person from any
other penalties prescribed in this chapter for failure to possess
or obtain a license.
E.
Investigation of license applicant. Before any license is issued under the provisions of this section, an investigation of the character of the applicant and its members, officers and employees shall be made by the Police Department and a written report filed with the City Clerk-Treasurer and made a part of the application. This investigation shall include fingerprinting of the applicant and all employees who are directly involved in the receipt of secondhand articles or jewelry from customers as well as a determination by the Police Department whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under Subsection A(1)(c) herein and, if so, the nature and date of the offense and the penalty assessed. Where the applicant is a corporation or partnership, this provision shall apply to all its officers and each general partner, respectively.
F.
License issuance. The Common Council shall grant the license if all
of the following apply:
(1)
The applicant, including an individual, a partner 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
five 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 being a secondhand article dealer, secondhand
jewelry dealer or pawnbroker.
(2)
With respect to an applicant, all or any part of whose secondhand
dealer business involves transactions as a pawnbroker, the applicant
provides to the City Clerk-Treasurer a bond of $500 or as established
by Common Council, with not less than two sureties, for the observation
of all municipal ordinances relating to secondhand dealers and pawnbrokers.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The appropriate license fee for each individual premises has been
paid.
(4)
No license issued under this section may be transferred.
A.
Identification. No secondhand article dealer, secondhand jewelry
dealer or pawnbroker 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 of the customer
by obtaining a physical description of the person and shall also include
the subject's driver's license number, social security number or Wisconsin
identification number. At the time of the transaction, the dealer
shall require the customer to present one of the following types of
identification:
(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
dealer or secondhand jewelry dealer obtains a clear imprint of the
customer's right index finger.
B.
Records. It shall be the duty of every secondhand dealer to keep
a record of all articles and jewelry purchased by her/him, and it
is required that a detailed description be obtained of all property
purchased. Said description shall contain such information as to identify
said property correctly and shall include type of property, serial
number, model number, color description and purchase price of said
property.
C.
On-premises sales. Except as provided in Subsections D and E, for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a secondhand dealer shall require the customer to complete and sign, in ink, a Reedsburg Police Department form entitled "property transaction record." No entry on such a form may be erased, mutilated or changed. The dealer shall, further, forward a completed original copy of the form to the Reedsburg Police Department within five working days of said transaction. The correct address of residence of the seller shall also be included. The original copy and one duplicate of such daily record shall be retained for not less than one year from the date of the transaction and furnished upon demand to the police. Records shall be kept of the signature of all persons from whom any articles or jewelry are purchased by the secondhand dealers hereunder, together with the license number of the vehicle, when such articles are delivered by motor vehicle, except that no license number shall be required for transactions consisting solely of audio-visual recording devices. Such records shall be retained for not less than one year after the date of the transaction and during that period shall be made available to any law enforcement officer for inspection at any reasonable time. Notwithstanding § 19.35(1), Wis. Stats., a law enforcement agency receiving the original property transaction record, audio/visual recording device transaction record, inventory or declaration of ownership may disclose it only to another law enforcement agency.
D.
Audiotapes, compact discs, laser discs, records, videotapes and other similar audio or audio-visual recording devices. The provisions of Subsection A shall apply to each transaction of purchase, receipt or exchange of one or a combination of audiotape(s), compact disc(s), laser disc(s), record(s), videotape(s), digital video disc(s) or other similar audio or audio-visual recording device for which the total paid by the secondhand dealer is $20 or greater, or as may be amended by Common Council. For each such transaction, a secondhand dealer shall require the customer to complete and sign, in ink, a Reedsburg Police Department form entitled "audio/visual recording device transaction record." The form shall require, among other things, that each individual article be listed by title and artist and any other feature adequate to identify each specific article included in the $20 or more transaction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Off-premises sales. For every secondhand article or jewelry purchased,
received or exchanged by a secondhand dealer from a customer off the
secondhand dealer's premises, the secondhand dealer shall keep a written
inventory. In this inventory, the secondhand 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 or jewelry
which is the subject of the transaction. The customer shall sign her
or his name on a declaration of ownership of the secondhand article
or jewelry identified in the inventory and shall state that she or
he owns the secondhand article or jewelry. The secondhand dealer shall
retain an original and duplicate of each entry and declaration of
ownership relating to the purchase, receipt or exchange of any secondhand
article or jewelry for not less than one year after the date of the
transaction and shall make duplicates of the inventory and declarations
of ownership available to the Reedsburg Police for inspection at any
reasonable time.
F.
Transactions with minors. No purchase, receipt or exchange of any
secondhand article or jewelry shall be made from any person under
the age of 18 years, except that a secondhand article dealer may engage
in a transaction involving the purchase, receipt or exchange of computer
toys and games and audiotapes, compact discs, laser discs, records,
videotapes or other similar audio or audio-visual recording device
from a minor if the minor is accompanied by her/his parent or guardian
at the time of the transaction.
G.
Holding period.
(1)
Except as provided in Subsection G(5), any secondhand article or jewelry purchased or received by a pawnbroker shall be kept on the dealer'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 jewelry recovers it.
(2)
Except as provided in Subsection G(5), any secondhand article purchased or received by a secondhand dealer shall be kept on the 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 G(5), any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the 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 G(1), (2) and (3), the secondhand article or jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand dealer or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or jewelry during this period. Within 24 hours after a written request of a law enforcement office during this period, a pawnbroker or other secondhand dealer shall make available for inspection any secondhand article or jewelry which is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or jewelry was not sold or exchanged by the lawful owner may direct a secondhand dealer to hold that secondhand article or jewelry for a reasonable length of time which the law enforcement officer considers necessary to identify it.
(5)
(a)
A secondhand article consigned to a pawnbroker or other secondhand
dealer.
(b)
A coin of the United States or any gold or silver coin or gold
or silver bullion.
(c)
An audiotape, compact disc, laser disc, digital videodisc, record,
videotape or other similar audio or audio-visual recording device.
A.
License. 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 herself or himself to the public as a separate secondhand
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.
[Amended 11-14-2011]
B.
Procedure for revocation, suspension or nonrenewal. In addition to
any other penalty provided by this chapter, any secondhand article
dealer license, secondhand jewelry dealer license, pawnbroker license
or secondhand article mall or flea-market license may be revoked,
suspended or ordered not to be renewed for a stated period of time
by the Common Council, after notice and hearing, for any violation
of this chapter; for any violations of any other Reedsburg ordinances
or state statutes where the circumstances of the offense are substantially
related to the circumstances of being a secondhand dealer; for fraud,
misrepresentation or false statement contained in the application
for a license; or for any violation of §§ 943.34 (receiving
stolen property), 948.62 (receiving stolen property from a child)
or 948.63 (receiving property from a child), Wis. Stats.
