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.
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.
The Common 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 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.