[HISTORY: Adopted by the Village Board of the Village of
Pleasant Prairie 3-4-1991 (§ 12.16 of the 1988 Code); amended in its entirety 10-24-2011 by Ord. No.
11-31. Subsequent amendments noted where applicable.]
This chapter is adopted pursuant to authority granted by §§ 134.71
and 61.34, Wis. Stats.
The purpose of this chapter relates to the regulation of secondhand
article and secondhand jewelry dealers.
The following definitions set out below shall apply to this
chapter with respect to secondhand article and secondhand jewelry
dealers. In the event of any inconsistency between such definitions
and the definitions set out in any other chapters of the Municipal
Code, these shall apply.
Any of the following items, except jewelry:
Audiovisual equipment.
Bicycles.
China.
Computers, printers, software and computer supplies.
Computer toys and games, including video toys and games.
Crystal.
Electronic equipment.
Furniture.
Fur coats and other fur clothing.
Ammunition and knives.
Microwave ovens.
Office equipment.
Pianos, organs, guitars and other musical instruments.
Silverware and flatware.
Small electrical appliances.
Telephones.
Video tapes or discs, audio tapes or discs, and other optical
media.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
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.
A person with whom a secondhand article dealer or secondhand
jewelry dealer or an agent thereof engages in a transaction of a 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.
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.
Any person, firm, partnership, association, corporation,
limited liability company or organization of any kind.
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 who primarily engages in the business of consigning,
purchasing or selling secondhand articles, except when engaging in
any of the following:
Any transaction at an occasional garage or yard sale, estate
sale, gun, knife, gem or antique show, or convention.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any transaction entered into by a person while engaged in a business for which the person is licensed under § 282-4B of this chapter or while engaged in the business of junk collector, junk dealer or scrap processor as described in § 70.995(2)(x), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any transaction while operating as a charitable organization
or conducting a sale the proceeds of which are donated to a charitable
organization.
Any transaction as a purchaser of a secondhand article from
a charitable organization if the secondhand article was a gift to
the charitable organization.
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.
Any person who engages in the business of any transaction
consisting of consigning, purchasing, selling, receiving or exchanging
secondhand jewelry, except for the following:
Any transaction at an occasional garage or yard sale, estate
sale, gun, knife, gem or antique show, or convention.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any transaction with a licensed secondhand jewelry dealer.
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.
Any transaction as a purchaser of secondhand jewelry from a
charitable organization if the secondhand jewelry was a gift to the
charitable organization.
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.
A sale, trade show or convention scheduled for a limited and prescribed time period, as set forth in § 282-8E, wherein secondhand articles or secondhand jewelry are being purchased or sold by a secondhand article dealer or secondhand jewelry dealer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Pawnbrokers, as defined in § 282-3, are hereby prohibited in the Village of Pleasant Prairie.
A person wishing to operate as a secondhand article dealer or
secondhand jewelry dealer in the Village of Pleasant Prairie shall
make application to the Village Clerk for said license, accompanied
by the required fee. The Village Clerk shall furnish application forms,
which, at a minimum, shall require the following:
A.
The applicant's name, place and date of birth, residence address,
and all states where the applicant has previously resided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The names and addresses of the business and the owner of the business
premises.
C.
A statement as to whether the applicant has been convicted within
the preceding 10 years of a felony or within the preceding 10 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Whether the applicant is a natural person, corporation, partnership
or a limited liability company, and:
(1)
If the applicant is a corporation, the site where incorporated and
the names and addresses of all officers and directors.
(2)
If the applicant is a partnership, the names and addresses of all
partners.
(3)
If the applicant is a limited liability company, the names and addresses
of all members and managers.
E.
The name of the manager or proprietor of the business at the location
the license is being used.
F.
Any other information that the Police Department, Community Development
Department, Building Inspection Department or Village Clerk may reasonably
require.
Upon receipt of an application, the Village Clerk shall send copies thereof to the Community Development Department and the Police Department. The Community Development Department shall verify that the use is allowed and if any building or zoning permits/approvals are required for said use to commence and shall submit a written report to the Village Clerk. The Police Department shall investigate each applicant for a secondhand article dealer's or secondhand jewelry dealer's license to determine whether the applicant complies with § 282-8A(1) and (2). The Police Department shall furnish the information derived from that investigation in writing to the Village Clerk. The Village Clerk shall make a determination based thereon as to whether or not the license should be granted, denied or other such action as may be appropriate within 20 days of the receipt of the application.
A.
The Village Clerk shall grant the license if all of the following
apply:
(1)
The applicant, including an individual, a partner, a member of a
limited liability company or an officer, director or agent of any
corporate applicant, has not been convicted within the preceding 10
years of a felony or within the preceding 10 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 being
a secondhand jewelry dealer or a secondhand article dealer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The applicant, including an individual, a partner, an officer, director
or agent of any corporate applicant, member or manager of any limited
liability company, and the manager or proprietor of the business at
the location the license is issued has not been in violation of a
previous license for a secondhand article dealer or secondhand jewelry
dealer issued by the Village Clerk.
B.
No license issued under this chapter shall be transferred.
C.
Each license for a secondhand article dealer or secondhand jewelry
dealer is valid from January 1 until the following December 31, unless
a license issued is for a temporary event.
D.
The licensee must display the valid license in a conspicuous place
on the premises.
E.
A secondhand article dealer or secondhand jewelry dealer is required
to obtain a separate license for each temporary event. Each applicant,
including an individual, a partner or an officer, director or agent
of any corporate applicant and the manager or member of any limited
liability company application, and the manager or proprietor of the
business at the location for which the license is issued, is allowed
a maximum of four such licenses per calendar year, and each event
shall not exceed four consecutive calendar days.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The license fees under this chapter shall be as established
in the Village Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person aggrieved by any determination made by the Village
Clerk pursuant to this chapter may appeal such determination to the
Village Board by filing with the Village Clerk, or the Village Clerk's
designee, a notice of appeal specifying with particularity the grounds
for believing that the Clerk's determination is erroneous. Any such
notice of appeal shall be filed within 30 days after the date of mailing
to the appellant of the Clerk's written determination along with a
fee as established in the Village Fee Schedule to help defray the
costs of appeal. The appellant shall be given not less than 10 days'
advance written notice of the date, time and place of the hearing.
The appellant may be represented by counsel at the hearing, may present
evidence and arguments relevant to the issues raised by the notice
of appeal, and may question witnesses called to support the Clerk's
determination. The Village Board may reverse, affirm or modify the
determination of the Clerk, and the Board's decision shall be final.
The Village Board shall promptly notify the appellant of its findings
in writing.
The Village Board may revoke any license issued by the Village
Clerk under this chapter for fraud, misrepresentation or false statement
contained in the application for a license or for any violation of
this chapter, of § 943.34 (receiving stolen property), § 948.62
(receiving stolen property from a child) or of § 948.63
(receiving property from a child), Wis. Stats.
A.
Identification.
(1)
No secondhand article dealer or secondhand jewelry dealer may engage
in a transaction of consignment, purchase, receipt or exchange of
any secondhand article or secondhand jewelry from a customer without
first securing adequate identification from the customer.
(2)
At the time of the transaction, the secondhand article dealer or
secondhand jewelry dealer shall require the customer to present one
of the following types of identification:
(a)
A valid county identification card.
(b)
A valid 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 valid military identification card.
(f)
A valid passport.
(g)
A valid 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 secondhand article dealer
or secondhand jewelry dealer obtains a clear imprint of the customer's
right index finger.
(j)
A tribal identification card, as defined in § 134.695(1)(cm),
Wis. Stats.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
(3)
Transactions with minors (under the age of 18 years).
(a)
Except as provided in § 282-12A(3)(b), no 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.
(b)
A secondhand article dealer or secondhand jewelry dealer may engage in a transaction described under § 282-12A(3)(a), if the minor is accompanied by his or her parent or guardian at the time of the transaction or if the minor provides the secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Records. For each transaction of purchase, consignment receipt or
exchange of any secondhand article or secondhand jewelry from a customer,
a secondhand article dealer or secondhand jewelry dealer shall:
(1)
Require the customer to complete and sign, in ink, the appropriate form provided by the Village. No entry on such form may be erased, mutilated or changed. The secondhand article dealer or secondhand jewelry dealer shall retain an original and a duplicate of each form for not less than one year after the date of the transaction, except as provided in § 282-12D, and during that period shall make the duplicate available to any law enforcement officer for inspection at any reasonable time.
(2)
For every secondhand article 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, address and telephone number 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 for in § 282-12D, and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.
(3)
Take a color photograph, a digital image or a video recording of:
(a)
Each customer involved in a billable transaction.
(b)
Every item purchased or sold.
(c)
The licensee must inform the person that he or she is being
photographed and/or videotaped by displaying a sign of sufficient
size in a conspicuous place on the premises.
(d)
Requirements:
[1]
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 Police Chief, or the Chief's designee, upon
request. The major portion of the photograph must include an identifiable
facial image of the person who sold the item. Items recorded by digital
image must be accurately depicted.
[2]
If a digital image it taken, it must be in a format specified
by the Police Department, electronically cross-referenced to the reportable
transaction it is associated with. Such images must be available to
the Police Chief, or the Chief's designee, upon request. The major
portion of the image must include an identifiable facial image of
the person who sold the item. Items recorded by digital image must
be accurately depicted.
[3]
If a video photograph is taken, the video camera must focus
on the person selling the item so as to include an identifiable image
of that person's face. Video recordings must be available to the Police
Chief, or the Chief's designee, upon request. Items photographed by
video must be accurately depicted. Video photographs must be electronically
referenced by time and date so they can be readily matched and correlated
with all other records of the transaction to which they relate.
(e)
Photographs, digital images and video recordings shall be retained
by the secondhand article dealer or secondhand jewelry dealer for
not less than one year after the date of the transaction.
C.
Holding period.
(1)
Except as provided in § 282-12C(2) and (3), any secondhand article or secondhand jewelry consigned, purchased or received by a secondhand dealer shall be kept on the secondhand dealer's premises or other place for safekeeping for not less than 21 days after the date of purchase or receipt, unless the person is known by the secondhand dealer to be the lawful owner of the secondhand article or secondhand jewelry recovers it.
(2)
If a secondhand article dealer or a secondhand jewelry dealer is required to submit a report under § 282-12D concerning a secondhand article or secondhand jewelry consigned, purchased or received by the secondhand article dealer or secondhand jewelry dealer and the report is required to be submitted in an electronic format, the secondhand article or secondhand jewelry shall be kept on the secondhand article dealer's or secondhand jewelry dealer's premises or other place for safekeeping for not less than seven days after the report is submitted in addition to the requirements of § 282-12C(1).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
During the period set forth in § 282-12C(1) and (2) the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The 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 of a written request of a police officer during this period, a 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 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.
D.
Report to Village of Pleasant Prairie Police Department.
(1)
Within 24 hours after purchasing or receiving a secondhand article or secondhand jewelry, a secondhand article dealer or secondhand jewelry dealer shall make available for inspection by a police officer the original form completed under § 282-12B(1) or the inventory under § 282-12B(2), whichever is appropriate.
(2)
Every secondhand article dealer or secondhand jewelry dealer shall, within seven days after receiving the secondhand article or secondhand jewelry, send to the Police Chief, or the Chief's designee, a photocopy of the original form completed under § 282-12B(1).
(3)
Notwithstanding § 19.35(1), Wis. Stats., the Police Department
receiving the original form or inventory or a declaration of ownership
may disclose it only to another law enforcement agency.
(4)
Effective no later than 60 days after the Police Department provides
a secondhand article dealer or secondhand jewelry dealer with the
current version of the software utilized by the Police Department,
a secondhand article dealer or secondhand jewelry dealer must submit
every reportable transaction daily to the Police Department by transferring
it electronically in the manner designated by the Police Department.
All required records must be transmitted completely and accurately
after the close of business each day in accordance with the standards
and procedures established by the Police Department. A secondhand
article dealer or secondhand jewelry dealer at a temporary event is
exempt from this requirement.
(5)
The secondhand article dealer or secondhand 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 Police Department.
(6)
If a secondhand article dealer or secondhand jewelry dealer is unable
to successfully transfer the required reports electronically, the
secondhand article dealer or secondhand jewelry dealer shall provide
the Police Department with printed copies of all reportable transactions
by 12:00 noon the next business day. A secondhand article dealer or
secondhand jewelry dealer at a temporary event is exempt from this
requirement.
(7)
If the problem is determined to be in the secondhand article dealer's
or secondhand jewelry dealer's system and is not corrected by the
close of the first business day following the failure, the secondhand
article dealer or secondhand jewelry dealer must provide the required
reports as required by this chapter and shall be charged a daily reporting
failure fee as established in the Village Fee Schedule until the error
is corrected, or if the problem is determined to be outside the secondhand
article dealer's or secondhand jewelry dealer's system, the secondhand
article dealer or secondhand jewelry dealer must provide the required
reports pursuant to this chapter and resubmit all such transactions
electronically when the error is corrected.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(8)
Regardless of the cause or origin of the technical problems that
prevented the secondhand article dealer or secondhand jewelry dealer
from uploading the reportable transactions, upon correction of the
problem, the secondhand article dealer or secondhand jewelry dealer
shall upload every reportable transaction from every business day
the problem has existed.
(9)
The provisions of this section notwithstanding, the Police Department
may, upon presentation of extenuating circumstances, delay the implementation
of the daily reporting penalty.
E.
Exception for customer return or exchange. Nothing in this chapter
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.
F.
Altered serial number. No secondhand article dealer or secondhand
jewelry dealer may receive any item of property that possesses an
altered or obliterated serial number or operation identification number
or any item of property that has had its serial number removed.
G.
Business at only one place.
(1)
A license under this chapter, except as provided in § 282-12G(2), authorizes the licensee to carry on its business only at the permanent place of business designated in the license. However, upon written request, the Police Chief, or the Chief's designee, may approve an off-site locked and secured storage facility. The licensee shall permit an inspection of the facility in accordance with this chapter. All provisions of this chapter regarding recordkeeping and reporting apply to the facility and its contents. Property shall be stored in compliance with all provisions of the Village Municipal Code. The licensee shall either own the building in which the business is conducted and any approved off-site storage facility or have a lease on the business premises that extends for more than six months.
(2)
A temporary event license under this chapter authorizes the licensee
to carry on its business only at the place of business designated
in the license. The licensee shall permit an inspection of the facility
in accordance with this chapter. All provisions of this chapter regarding
recordkeeping and reporting apply for articles associated with the
temporary event. The licensee, if not the owner of the building shall
have written permission from the owner to conduct said temporary event
on the premises.
H.
Payment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to the suspension or revocation of a license issued
under this chapter, pursuant to § 134.71(13) and (14), Wis.
Stats., any person who shall violate any provision of this chapter
or any regulation, rule or order made hereunder shall be subject to
a penalty as follows: (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.
