As used in this chapter, the following terms
shall have the meanings indicated:
ARTICLE
Any of the following articles except jewelry:
D.
Computers, printers, software and computer supplies.
H.
Fur coats and other fur clothing.
L.
Pianos, organs, guitars and other musical instruments.
N.
Small electrical appliances.
AUCTIONEER
An individual who is registered as an auctioneer under W.S.A.
ch. 480 and who sells secondhand articles or secondhand jewelry at
an auction, as defined in W.S.A. s. 480.01(1).
[Added 5-1-2000 by Ord. No. 9-00]
CHARITABLE ORGANIZATION
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.
CUSTOMER
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.
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.
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
Any person, other than an auctioneer, who primarily engages
in the business of purchasing or selling secondhand articles, except
when engaging in any of the following:
[Amended 5-1-2000 by Ord. No. 9-00]
A.
Any transaction at an occasional garage or yard
sale, an estate sale, a gun, knife, gem or antique show or a convention.
B.
Any transaction entered into by a person while engaged in a business for which the person is licensed under §
184-2A or
C or while engaged in the business of junk collector, junk dealer or scrap processor as described in W.S.A. s. 70.995(2)(x).
C.
Any transaction while operating as a charitable
organization or conducting a sale the proceeds of which are donated
to a charitable organization.
D.
Any transaction between a buyer of a new article
and the person who sold the article when new which involves any of
the following:
(1)
The return of the article.
(2)
The exchange of the article for a different,
new article.
E.
Any transaction as a purchaser of a secondhand
article from a charitable organization if the secondhand article was
a gift to the charitable organization.
F.
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.
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:
[Amended 5-1-2000 by Ord. No. 9-00]
A.
Any transaction at an occasional garage or yard
sale, an estate sale, a gun, knife, gem or antique show or a convention.
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.
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.
[Amended 5-1-2000 by Ord. No. 9-00; 5-19-2008 by Ord. No. 3-08; 5-6-2024 by Ord. No. 5-24]
A. License for pawnbroker. No person may operate as a pawnbroker unless
the person first obtains a pawnbroker's license under this chapter.
B. License for secondhand article dealer.
(1) Except as provided in Subsection
B(2), no person may operate as a secondhand article dealer unless the person first obtains a secondhand article dealer's license under this chapter.
(2) A person who operates as a secondhand article dealer only on premises or land owned by a person having a secondhand dealer mall or flea market license under §
184-9 need not obtain a secondhand article dealer's license.
C. License for secondhand jewelry dealer. No person may operate as a
secondhand jewelry dealer unless the person first obtains a secondhand
jewelry dealer's license under this chapter.
D. License application. A person wishing to operate as a pawnbroker, secondhand article dealer or secondhand jewelry dealer in the City shall apply to the Clerk for a license. The Clerk shall furnish application forms under §
184-12 which shall require the following:
(1) The 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 circumstances 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 and, if the applicant is a corporation, the
state where incorporated and the names and addresses of all officers
and directors; if the applicant is a partnership, the names and addresses
of all partners; and, if the applicant is a limited liability company,
the names and addresses of all members.
(5) The name of the manager or proprietor of the business.
(6) Any other information that the Clerk may reasonably require.
E. Investigation of license applicant. 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 within the preceding five years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under Subsection
D(3) 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 Clerk.
F. License transfer and period.
(1) No license issued under this section may be transferred.
(2) License period.
(a)
Each license for a pawnbroker, secondhand article dealer or
secondhand jewelry dealer is valid from January 1 until the following
December 31.
(b)
Each license for a secondhand article dealer mall or flea market
is valid for two years, from May 1 of an odd-numbered year until April
30 of the next odd-numbered year.
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 a customer without first securing adequate identification from
the customer. 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.
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 §
184-5A or the inventory under §
184-5B, whichever is appropriate. Notwithstanding W.S.A. s. 19.35(1), a law enforcement agency receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency.
Nothing in §§
184-3 through
184-7 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.
[Amended 5-6-2024 by Ord. No. 5-24]
The Common Council may revoke any license issued
under this chapter for fraud, misrepresentation or false statement
contained in the application for a license or for any violation of
this chapter or W.S.A. s. 943.34, 948.62 or 948.63.
The license fees under this chapter are:
A. For a pawnbroker's license: $210.
B. For a secondhand article dealer's license: $27.50.
C. For a secondhand jewelry dealer's license: $30.
D. For a secondhand article dealer mall or flea market
license: $165.
The City Clerk shall distribute to pawnbrokers, secondhand article dealers and secondhand jewelry dealers, at no cost, applications and other forms required under §§
184-2D and
184-5.