[HISTORY: Adopted by the Town Board of the Town of Wescott 9-15-1998 by Ord. No. 98-9. Amendments noted where applicable.]
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.