The following definitions apply to this chapter.
ARTICLE
Any of the following articles except jewelry:
D.
Computers, printers, software and computer supplies.
H.
Fur coats and other fur clothing.
L.
Pianos, organs, guitars and other musical instruments.
N.
Small electrical appliances.
P.
Audiotapes, compact discs, laser discs, records, videotapes,
digital video discs or other similar audio or audio-visual recording
devices.
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 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 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.
SECONDHAND ARTICLE DEALER
Any person who engages in the business of purchasing, selling
or exchanging 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, a convention or an auction.
B.
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.
C.
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.
D.
Any transaction while operating as a charitable organization
or conducting a sale and the proceeds of which are donated to a charitable
organization.
E.
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.
F.
Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization.
G.
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.
H.
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.
I.
Any transaction between a buyer of a new article and a seller
of new articles who accepts an occasional secondhand article in trade.
SECONDHAND DEALER
A secondhand article dealer, a secondhand jewelry dealer
or a pawnbroker.
SECONDHAND JEWELRY DEALER
Any person 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, a convention or an auction.
B.
Any transaction with a licensed secondhand jewelry dealer.
C.
Any transaction while operating as a charitable organization
or conducting a sale and the proceeds of which are donated to a charitable
organization.
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 the secondhand jewelry which
the person bought from a charitable organization if the secondhand
article was a gift to the charitable organization.
G.
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.
H.
Any transaction between a buyer of new jewelry and a seller
of new jewelry who accepts occasional secondhand jewelry in trade.