The Town Board has the specific statutory authority, powers
and duties, pursuant to the specific statutory sections noted in this
chapter, including § 134.71, Wis. Stats., and by its adoption
of village powers, to regulate, control, license, register or permit
persons engaged in certain uses, activities, businesses and operations
within the Town, to access appropriate fees for the licenses and to
enforce, by revocation or penalty, the provisions of this chapter.
Except for any provision herein that may be stricter, the provisions
of § 134.71, Wis. Stats., are adopted by reference.
This chapter regulates pawnbrokers, secondhand article dealers, secondhand jewelry dealers, and secondhand article dealer mall or flea market operating beyond the limits allowed in Chapter
116, Direct Sellers, Transient Merchants and Solicitors.
In addition to the requirements of § 134.71(5), Wis.
Stats., applicants shall detail:
A. Any jail or prison time served greater than 30 days consecutively,
identifying the time frame served and the charge(s) that caused such
imprisonment;
B. Criminal record history for all owners, officers and directors, to
the same extent required of an individual;
C. Identifying number for sales tax with Wisconsin Department of Revenue.
The applicant shall furnish a bond issued by a commercial bond
company which has a current rating of A or better on A.M. Best rating
system, or a comparable rating of a different independent rating firm.
The initial bond amount shall be assuring reimbursement to the Town
for enforcement action in the minimum amount of $1,000. This amount
may be increased as the result of any disciplinary action.
Licenses are valid as follows:
A. For a pawnbroker, secondhand article dealer or secondhand jewelry
dealer, January 1 or a later date of issuance until the following
December 31.
B. For a secondhand article dealer mall or flea market, from May 1 of
an odd-numbered year or its later issuance date until April 30 of
the next odd-numbered year.
C. If less than half the license time remains at the time of application
or board consideration, the fee shall be 1/2 of the full amount.
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. However,
a licensed operator may sell any item held beyond the minimum holding
period to a minor when that customer has the consent of an adult parent,
guardian or spouse who signs a consent form in the presence of the
licensed operator or an employee of the operator. No firearm may be
sold to a minor.
Violation of this chapter, § 134.71, Wis. Stats.,
or the statutes referred to therein, or any law or activity relating
to lack of honesty, whether or not resulting in a criminal conviction,
is grounds for temporary suspension, or one-year revocation with imposition
of further limits on operation possible. Prior to taking any disciplinary
action, the Town shall provide written notice to licensee by personal
service or by written notice sent by fax, mail or non-oral communication
method to the last known destination of licensee. Arrest, conviction,
or appropriate notice of violation from a governmental agency may
serve as grounds for initiating disciplinary action. In the event
the Town Board finds any suspension or revocation is justified, even
if stayed, the licensee shall, within 30 days of billing, reimburse
Town cost of enforcement as a condition of licensed operation. Failure
to reimburse shall result in automatic suspension of the license until
payment is made. The Clerk or Treasurer may insist on payment by cash,
cashiers check or postal money order. The Board may impose new conditions
on business operations when reviewing such matters. This provision
is in addition to § 134.71(10), Wis. Stats.
No licensed operator may conduct business except between the
hours of 9:00 a.m. to 9:00 p.m. On Sundays and state holidays, between
12:00 noon and 5:00 p.m. is allowed.
In addition to this chapter, the operator shall fully comply
with all zoning conditions.
In addition to license disciplinary action, the Town may seek
a court injunction to direct or prohibit activity or practices.