Village of Pleasant Prairie, WI
Kenosha County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Licenses and permits — See Ch. 214.
Peddling and soliciting — See Ch. 254.
Rummage/garage sales — See Ch. 277.

§ 246-1 Statutory authority.

This chapter is adopted pursuant to authority granted by §§ 134.71 and 61.34, Wis. Stats.

§ 246-2 Purpose.

The purpose of this chapter relates to the regulation of secondhand article and secondhand jewelry dealers.

§ 246-3 Definitions.

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.
ARTICLE
Any of the following items, except jewelry:
A. 
Audiovisual equipment.
B. 
Bicycles.
C. 
China.
D. 
Computers, printers, software and computer supplies.
E. 
Computer toys and games, including video toys and games.
F. 
Crystal.
G. 
Electronic equipment.
H. 
Furniture.
I. 
Fur coats and other fur clothing.
J. 
Ammunition and knives.
K. 
Microwave ovens.
L. 
Office equipment.
M. 
Pianos, organs, guitars and other musical instruments.
N. 
Silverware and flatware.
O. 
Small electrical appliances.
P. 
Telephones.
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 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.
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.
PERSON
Any person, firm, partnership, association, corporation, limited liability company or organization of any kind.
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 who primarily engages in the business of consigning, purchasing or selling secondhand articles, except when engaging in any of the following:
A. 
Any transaction at an occasional garage or yard sale, estate sale, antique show, or auction.
B. 
Any transaction entered into by a person while engaged in a business for which the person is licensed under § 246-4B of this chapter or while engaged in the business of junk collector, junk dealer, auctioneer or scrap processor as described in § 70.995(2)(x), Wis. Stats.
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 who engages in the business of any transaction consisting of consigning, purchasing, selling, receiving or exchanging secondhand jewelry, except for the following:
A. 
Any transaction at an occasional garage or yard sale, estate sale, antique show, or auction.
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.
TEMPORARY EVENT
A sale, trade show or convention scheduled for a limited and prescribed time period, as set forth in § 246-8E, wherein secondhand articles or secondhand jewelry are being purchased or sold by a secondhand article dealer or secondhand jewelry dealer.

§ 246-4 License required.

A. 
No person may operate as a secondhand article dealer unless the person first obtains a secondhand article dealer's license under this chapter.
B. 
No person may operate as a secondhand jewelry dealer unless the person first obtains a secondhand jewelry dealer's license under this chapter.

§ 246-5 Pawnbroker prohibited.

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 is hereby prohibited.

§ 246-6 License application.

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 and residence address.
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 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.
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.

§ 246-7 Investigation of license applicant.

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 § 246-8A(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.

§ 246-8 License issuance; transfer prohibited; term; display; temporary events.

A. 
The Village Clerk shall grant the license if all of the following apply:
(1) 
The applicant, including an individual, a partner or an officer, director or agent of any corporate applicant, member or managers of any limited liability company, and the manager or proprietor of the business at the location the license is being used, has not been convicted of a felony crime within the past 10 years or a misdemeanor crime, statutory violation punishable by forfeiture or county or municipal ordinance violation within the past five years wherein any of the following apply:
(a) 
Weapons of any kind were used, displayed or threatened.
(b) 
Physical violence was used or threatened.
(c) 
The incident giving rise to the conviction involved robbery, burglary, theft or other misappropriation of property or money.
(d) 
The incident giving rise to the conviction involved the possession or receiving of stolen property or goods.
(e) 
The incident giving rise to the conviction involved fraud or fraudulent dealing.
(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.

§ 246-9 Fees.

The license fees under this chapter are:
A. 
For a secondhand article dealer's license: $75.
B. 
For a secondhand jewelry dealer's license: $75.
C. 
For a temporary event secondhand article dealer's license: $35 per event.
D. 
For a temporary event secondhand jewelry dealer's license: $35 per event.

§ 246-10 Appeals.

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 of $25 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.

§ 246-11 License revocation.

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.

§ 246-12 Dealer requirements.

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.
(3) 
Transactions with minors (under the age of 18 years).
(a) 
Except as provided in § 246-12A(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 § 246-12A(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 and notarized consent to engage in the particular transaction.
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 § 246-12D, 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 § 246-12D, 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 § 246-12C(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 § 246-12D 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 10 days after the report is submitted in addition to the requirements of § 246-12C(1).
(3) 
During the period set forth in § 246-12C(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.
(4) 
Section 246-12C(1), (2) and (3) does 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, purchased or received at a temporary event.
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 § 246-12B(1) or the inventory under § 246-12B(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 § 246-12B(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 of $10 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.
(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 § 246-12G(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.
(1) 
All payments of more than $25 made by a secondhand article dealer for the purchase of any secondhand article shall be made by check or automated clearinghouse.
(2) 
All payments made by a secondhand jewelry dealer for the purchase of any jewelry shall be made by check or automated clearinghouse.

§ 246-13 Violations and penalties.

In addition to the suspension or revocation of a license issued under this chapter, 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 provided by § 1-4 of the Code of the Village of Pleasant Prairie.