[HISTORY: Adopted by the Village Board of the Village of
Allouez 1-21-2020 by Ord. No. 2020-02.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 326,
Pawnbrokers and Secondhand dealers, adopted as Ch. 28 of the Village
Code.
Section 134.71, Wis. Stats., is hereby adopted and, by reference, made a part of this chapter with the same force and effect as though fully set out herein notwithstanding the below subsections. Failure to comply with any of the provisions of this chapter shall constitute a violation of this chapter, punishable according to the penalties set forth in § 1-3, Village of Allouez Municipal Code.
As used in this chapter, the following terms shall have the
meanings indicated:
Any item of value, excluding only motor vehicles, large appliances,
furniture, books, and clothing other than furs.
Every transaction conducted by a pawnbroker, secondhand article
and jewelry dealer in which an article or articles are received through
a pawn, purchase, consignment, or trade, or in which a pawn is renewed,
extended, voided, or redeemed, or for which a unique transaction number
or identifier is generated by their point-of-sale software, and is
reportable except:
The bulk purchase or consignment of new or used articles from
a merchant, manufacturer, or wholesaler having an established permanent
place of business, and the retail sale of said articles, provided
the pawnbroker must maintain a record of such purchase or consignment
that describes each item, and must mark each item in a manner that
relates it to that transaction record.
Retail and wholesale sales of articles originally received by
pawn or purchase, and for which all applicable hold and/or redemption
periods have expired.
Any person, other than an auctioneer, who engages in the
business of purchasing or selling secondhand articles, with exceptions
as stated in Wis. Stats. § 134.71(g).
The licensee must also take a color, digitized photograph of
every item pawned or sold that does not have a unique serial or identification
number permanently engraved or affixed, excluding only electronic
media. One group photo shall suffice for mass items such as several
coins acquired in one transaction. If a photograph is taken, it must
be at least two inches in length by two inches in width and must be
maintained in such a manner that the photograph can be readily matched
and correlated with all other records of the transaction to which
they relate. Such photographs must be available to the Chief of Police,
or the Chief's designee, upon request. Items photographed must
be accurately depicted and submitted as digital images, in a format
specified by the issuing authority, electronically cross-referenced
to the reportable transaction they are associated with. Entries of
required digital images shall be retained a minimum of 90 days.
A.Â
Pawnbrokers and secondhand article and jewelry dealers must submit
every reportable transaction to the Brown County Sheriff's Department
daily in the following manner. Pawnbrokers and secondhand article
and jewelry dealers must provide to the Sheriff's Department
all required information pursuant to state statute, by transferring
it from their computer to the web server via modem designated by the
Brown County Sheriff's Department. All required records must
be transmitted completely and accurately after the close of business
each day in accordance with standards and procedures established by
the Sheriff's Department using procedures that address security
concerns of the pawnbroker or secondhand article and jewelry dealer
and the Sheriff's Department. The pawnbroker or secondhand article
and jewelry dealer must display a sign of sufficient size in a conspicuous
place on the premises, which informs all patrons that all transactions
are reported daily to the Sheriff's Department.
B.Â
If a pawnbroker or secondhand article and jewelry dealer is unable
to successfully transfer the required reports by modem, the pawnbroker
or secondhand article and jewelry dealer must provide the Sheriff's
Department with printed copies of all reportable transactions by 12:00
noon the next business day.
C.Â
If the problem is determined to be in the pawnbroker's or secondhand
article and jewelry dealer's system and is not corrected by the
close of the first business day following the failure, the pawnbroker
or secondhand article and jewelry dealer must provide the required
reports as detailed in state statute, and shall be charged a daily
reporting failure fee of $10 until the error is corrected; or, if
the problem is determined to be outside the pawnbroker's or secondhand
article and jewelry dealer's system, the pawnbroker or secondhand
article and jewelry dealer must provide the required reports pursuant
to state statute and resubmit all such transactions via modem when
the error is corrected.
D.Â
Regardless of the cause or origin of the technical problems that
prevented the pawnbroker or secondhand article and jewelry dealer
from uploading the reportable transactions, upon correction of the
problem, the pawnbroker or secondhand article and jewelry dealer shall
upload every reportable transaction from every business day the problem
has existed.
E.Â
The provisions of this section notwithstanding, the Sheriff's
Department may, upon presentation of extenuating circumstances, delay
the implementation of the daily reporting penalty.
F.Â
Section 326-4 shall not apply to businesses that did not have 200 reportable transactions in the past calendar year. However, any such pawnbroker or secondhand article and jewelry dealer must follow the daily reporting procedure for each reportable transaction by submitting a written transaction form approved by the Sheriff's Department to the department on the business day following the date of the reportable transaction.
If any section of this chapter is found to be unconstitutional
or otherwise invalid, the validity of the remaining sections shall
not be affected.
Every pawnbroker, secondhand article dealer, or secondhand jewelry dealer shall pay an annual license fee as outlined in Chapter 225, Fees and Charges.
