The purpose of this chapter is to protect the
health, safety, and morals and promote the general welfare of the
residents of the Village of Shorewood by:
A. Encouraging a variety of businesses to locate in the
Village of Shorewood.
B. Attempting to prevent crimes such as fraud, misrepresentation
and trafficking in stolen goods.
C. Protecting the public from unsafe or insanitary conditions
and disease.
As used in this chapter, the following terms
shall have the meanings indicated:
ARTICLE
A.
All property, such as but not limited to the
following:
[Amended 2-4-1991 by Ord. No. 1595; 10-19-1998 by Ord. No.
1774]
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Ammunition and knives
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Audiovisual equipment
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Bicycles
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Books and magazines
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China and glassware
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Clothing
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Computers, printers, software and computer supplies
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Computer toys and games
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Crystal
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Electronic equipment
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Fur coats and other fur clothing
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Furniture
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Gas and electric appliances, large and small
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Microwave ovens
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Office equipment
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Pianos, organs, guitars and other musical instruments
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Silverware and flatware
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Sporting goods and equipment
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Telephones
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Used home furnishings, including windows, siding,
piping, radiators, cabinets, bookcases, doors, light fixtures, wood
moldings, bathroom fixtures, banisters, doorknobs, mantels, staircases
or other attached items that are removed from a home or other building
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B.
Excepted therefrom shall be jewelry, automobiles
and real estate.
CHARITABLE ORGANIZATION
An organization described in § 501(c)(3) of the
Internal Revenue Code which is exempted from federal income tax under
§ 501(a) of the Internal Revenue Code or a corporation,
trust or community chest, 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 inures to the benefit of any
private shareholder or individual.
[Amended 10-19-1998 by Ord. No. 1774]
CUSTOMER
A person with whom a pawnbroker, secondhand article dealer
or secondhand jewelry dealer or an agent thereof engages in a transaction
of purchase, sale, receipt, consignment or exchange of any secondhand
article or secondhand jewelry.
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 an expressed or implied agreement or understanding
to sell it back at a subsequent time at a stipulated price.
REGISTRATION PLATE
A plate specified under § 341.12, Wis. Stats.,
or under a similar law of another state.
[Amended 10-19-1998 by Ord. No. 1774]
SECONDHAND
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.
SECONDHAND ARTICLE DEALER
A.
The following persons described under Subsection
A(1) and
(2):
(1)
Any person other than an auctioneer who primarily
engages in the business of purchasing or selling secondhand articles;
or
(2)
Any person, other than a charitable organization,
who is engaged in the business of purchasing used home furnishings
for the purpose of collecting, separating, processing and selling
the material that was used in manufacturing the used home furnishings.
B.
Exceptions. "Secondhand article dealer" does
not include a person who is engaged in any of the following:
(1)
Any transaction at an occasional garage or yard
sale, an estate sale, a gun, knife, gem or antique show, or a convention.
(2)
Any transaction entered into by a person while engaged in a business for which the person is licensed under §
404-3 or
404-5.
(3)
Any transaction while operating as a charitable
organization or conducting a sale the proceeds of which are donated
to a charitable organization.
(4)
Any transaction between a buyer of a new article
and the person who sold the article when new which involves the return
of the article or the exchange of the article for a different, new
article.
(5)
Any transaction as a purchaser of a secondhand
article from a charitable organization if the secondhand article was
a gift to the charitable organization.
(6)
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.
[Amended 10-19-1998 by Ord. No. 1774]
SECONDHAND JEWELRY DEALER
Any person other than an auctioneer 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 or a convention.
[Amended 6-19-1995 by Ord. No. 1713]
B.
Any transaction with a licensed secondhand jewelry
dealer.
C.
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.
[Amended 2-4-1991 by Ord. No. 1595]
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 secondhand jewelry
which the person bought from a charitable organization if the secondhand
jewelry was a gift to the charitable organization.
No person may operate as a pawnbroker unless
the person first obtains a pawnbroker's license under this chapter.
No person may operate as a secondhand article
dealer and have a principal place of business in the municipality
unless the person first obtains a secondhand article dealer's license
under this chapter.
No person may operate as a secondhand jewelry
dealer and have a principal place of business in the municipality
unless the person first obtains a secondhand jewelry dealer's license
under this chapter.
[Amended 9-7-1993 by Ord. No. 1667; 2-25-2008
by Ord. No. 1935]
A person wishing to operate as a pawnbroker,
secondhand article dealer or secondhand jewelry dealer in the Village
of Shorewood shall apply to the Village Clerk for a license. The Village
Clerk shall furnish application forms provided to the Clerk by the
State Department of Agriculture, Trade and Consumer Protection which
shall require the following:
A. The applicant's name, place and date of birth and
residence address.
B. The names and addresses of the business and of the
owner of the business premises.
C. Whether the applicant is a natural person, corporation
or partnership, and:
(1) If the applicant is a corporation, the state where
incorporated and the names and addresses of all officers, directors,
stockholders and agents.
(2) If the applicant is a partnership, the names and addresses
of all partners.
D. A statement as to whether the applicant (individual,
partners, officers, directors, stockholders, or agent) has been convicted
within the preceding 10 years of a felony or 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 circumstances of the licensed
activity and, if so, the nature and date of the offense and the penalty
assessed.
E. The name of the manager or proprietor of the business.
F. Any other information that the Village Clerk may reasonably
require.
[Amended 2-25-2008 by Ord. No. 1935]
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 has been convicted within the preceding 10 years of a felony or a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under §
404-6D and, if so, the nature and date of the offense and the penalty assessed. The Police Department shall furnish the information derived from that investigation in writing to the Village Clerk.
[Amended 2-25-2008 by Ord. No. 1935; 2-3-2020 by Ord. No. 3010]
A. Identification. No pawnbroker, secondhand article dealer or secondhand
jewelry dealer may knowingly engage in a transaction of purchase,
receipt or exchange of any secondhand article or secondhand jewelry
from a customer without first obtaining the person's signature and
recording the following information:
(1) The person's name and address.
(2) At the time of the transaction, the pawnbroker, secondhand article
dealer or secondhand jewelry dealer shall require the customer to
present one of the following types of identification:
(a)
A county identification card.
(b)
A state identification card.
(c)
A valid Wisconsin motor vehicle operator's license.
(d)
A valid motor vehicle operator's license, containing a picture,
issued by another state.
(e)
A military identification card.
(g)
An alien registration card.
(h)
A senior citizen's identification card containing a photograph.
(i)
Any identification document issued by a state or federal government,
whether or not containing a picture, if the pawnbroker, secondhand
article dealer or secondhand jewelry dealer obtains a clear imprint
of the customer's right index finger.
(3) The registration plate numbers and the color, make, model and year
of any motor vehicle delivering the articles to the secondhand article
dealer.
(4) If known by the person, the address of the home or other building
from which any used home furnishings were removed.
B. Transactions with minors.
(1) Except as provided in Subsection
B(2), 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.
(2) A pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction described under Subsection
B(1) if the minor is accompanied by his or her parent, spouse (if not a minor), or guardian at the time of the transaction or if the minor provides the pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's, spouse's or guardian's written consent to engage in the particular transaction.
C. Records. For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory, the secondhand article dealer shall record the name and address of each customer, the date, time and place of the transaction and a detailed description of the article which is the subject of the transaction. The customer shall sign his or her name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he or she owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction, except as provided in Subsection
E, and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.
D. Holding period.
(1) Except as provided in Subsection
D(5), any secondhand article or secondhand jewelry purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.
(2) Except as provided in Subsection
D(5), any secondhand article purchased or received by a secondhand article dealer shall be kept on the secondhand article dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt.
(3) Except as provided in Subsection
D(5), any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the secondhand jewelry dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt.
(4) During the period set forth in Subsection
D(1),
(2) or
(3), the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry which is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time which the law enforcement officer considers necessary to identify it.
(5) Subsection
D(1) through
(4) do not apply to any of the following:
(a)
A coin of the United States, any gold or silver coin or gold
or silver bullion.
(b)
A secondhand article or secondhand jewelry consigned to a pawnbroker,
secondhand article dealer or secondhand jewelry dealer.
E. Report to law enforcement agency. Within 24 hours after purchasing
or receiving a secondhand article or secondhand jewelry, a pawnbroker,
secondhand article dealer or secondhand jewelry dealer shall make
available for inspection by a law enforcement officer the original
form completed under Subsection C(1). Notwithstanding § 19.35(1),
Wis. Stats., a law enforcement agency receiving the original form
or inventory or a declaration of ownership may disclose it only to
another law enforcement agency.
F. Website reporting. All transaction description records, including
required photographs or video recordings, except transaction description
records kept by junk collectors and junk dealers for nonregulated
property, and except for signed declarations of ownership and patron
signatures on transaction description records, shall be reported not
later than the close of each business day by posting and uploading
all transaction description records to the internet website North
East Wisconsin Property Reporting System (NEWPRS). All required records
must be transmitted completely and accurately in accordance with standards
and procedures established by NEWPRS. The Police Department may allow
access to transaction description records posted or uploaded to NEWPRS
or provide copies of transaction description records and provide copies
of declarations of ownership to any other law enforcement agency.
G. Website record entry failures.
(1) Any transaction description record which cannot be posted or uploaded
to NEWPRS by the close of the business day due to technical malfunction
shall be posted or uploaded by 12:00 noon the next business day; and
failing that, a hard copy of the transaction description record, including
photographs or video recordings, shall be delivered to the Chief of
Police, or the Chief's designee, in a format approved by the Chief
of Police, or the Chief's designee, by 12:00 noon the next business
day following the initial post or upload failure. Licensees shall
continue to deliver hard copies of transaction description records
to the Police Chief, or the Chief's designee, so long as the website
record post or upload failures persist.
(2) If website post or upload failures are determined to be due to the licensee's system or internet connection, a licensee can be penalized under §
404-15 beginning on the fourth business day following the initial post or upload failure and continuing until transaction description records are again posted and uploaded to NEWPRS. The Police Department may delay, reduce or forego daily reporting penalties for posting or uploading failures as the Chief of Police, or the Chief's designee, sees fit without cause.
H. Exception for customer return or exchange. Nothing in this section
applies to the return or exchange from a customer to a secondhand
article dealer or secondhand jewelry dealer of any secondhand article
or secondhand jewelry purchased from the secondhand article dealer
or secondhand jewelry dealer.
Any secondhand article dealer selling secondhand
clothing shall maintain such clothing in a clean and sanitary condition
prior to selling such clothing. The provisions of this section shall
apply to anyone selling secondhand clothing in the Village whether
licensed to do so or exempt from such licensing requirement.
The provisions of §
404-9 of this chapter shall apply to charitable organizations when such organizations purchase or take on consignment secondhand articles and then sell such articles.
The Village Board 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.
License fees required hereunder shall be as
set forth in the Village Fee Schedule. The license fees shall not
be prorated or refundable.
[Amended 2-4-1991 by Ord. No. 1595]
A. Upon conviction for a first offense under this chapter,
a person shall forfeit not less than $50 nor more than $1,000.
B. Upon conviction for a second or subsequent offense
under this chapter, a person shall forfeit not less than $500 nor
more than $2,000.