[HISTORY: Adopted by the City Council of the City of Amery 7-1-2020 by Ord. No. 2-2020. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any of the following except jewelry: Audiovisual equipment,
bicycles, china, clothing, computers and computer supplies, crystal,
electronic equipment, fur coats and other fur clothing, ammunition
and knives, microwave ovens, musical instruments, office equipment,
silverware and flatware, small electrical appliances, telephones,
and any other generic household item.
An individual who is registered as an auctioneer under Ch.
480, Wis. Stats., and who sells secondhand articles or jewelry at
an auction.
A corporation, trust, fund, or foundation organized and operated
exclusively for religious, charitable, scientific, literary, or educational
purposes or for the prevention of cruelty to children or animals,
no part of the net earnings of which benefits any private shareholder
or individual.
A person with whom a pawnbroker, secondhand article dealer,
or secondhand jewelry dealer or any agent thereof engages in a transaction
of purchase, sale, receipt, or exchange of any secondhand article
or secondhand 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.
The City of Amery.
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 an 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 dealer or secondhand jewelry dealer licensed under this chapter,
immediately before the transaction at hand.
Any person, other than an auctioneer, who primarily engages
in the business or purchasing or selling secondhand articles, except
when engaging in the following:
Any person, other than an auctioneer, who engages in the
business of any transaction consisting of purchasing, selling, receiving,
or exchanging secondhand jewelry.
A.
No person may operate as a pawnbroker, secondhand article dealer,
or secondhand jewelry dealer unless the person first obtains the appropriate
license under this chapter.
B.
A person wishing to operate as a pawnbroker, secondhand article dealer,
or secondhand jewelry dealer in the City shall apply to the Administrator/Clerk-Treasurer
for a license. The Administrator/Clerk-Treasurer shall furnish application
forms which shall require the following:
(1)
Applicant's name, place and date of birth, and residence address.
(2)
The names and addresses of the business and of the owner of the business
premises.
(3)
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 relate to
the circumstance of the licensed activity and, if so, the nature and
date of the offense and the penalty assessed.
(4)
Whether the applicant is a natural person, corporation, limited liability
company, or partnership a roster containing all the names and addresses
of all of the officers, directors, partners, or members must be provided.
(5)
The name of the manager or proprietor of the business.
(6)
Any other information that the Administrator/Clerk-Treasurer may
require.
C.
The Police Department shall investigate each applicant for a pawnbroker's,
secondhand article dealer's or secondhand jewelry dealer's
license to determine whether the applicant had been convicted of a
crime as provided in the previous section.
D.
License issuance.
(1)
The City Council shall grant the license if all of the following
apply:
(a)
The applicant has not been convicted of a crime as provided
by the previous sections.
(b)
With respect to an applicant for a pawnbroker's license,
the applicant provides to the governing body a bond of $500, with
not fewer that two sureties, for the observation of all municipal
ordinances relating to pawnbroker's.
(c)
The applicant has no outstanding delinquent taxes, assessments,
forfeitures for violations of City ordinances, utility bills, or any
other claims owed to the City.
(2)
No license issued under this section may be transferred.
(3)
Every license issued under this section is valid for one year from
January 1 to December 31.
(4)
The Administrator/Clerk-Treasurer shall distribute, at no cost, applications
and other forms required to apply for licensure on a yearly basis.
Except as provided in the next section, for each transaction
of purchase, receipt or, exchange of any secondhand article or secondhand
jewelry from a pawnbroker or secondhand jewelry dealer shall provide
a transaction receipt upon which the customer shall sign in ink. The
pawnbroker or dealer must keep these records for a period of at least
a year.
The City Council may revoke any license issued by it under this
chapter for fraud, misrepresentation, or false statement contained
in the application for a license or for any violation of this chapter
or § 943.34, 948.62, or 948.63, Wis. Stats.
The license fees are included in the City of Amery's Schedule
of Fees.
Any violations of this chapter shall result in a forfeiture
not less than $50 nor more than $2,000 depending on the severity and
frequency of the violations.
