[HISTORY: Adopted by the Village Board of
the Village of Siren at time of adoption of Code (see Ch. 1, General
Provisions, Art. II). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any of the following articles except jewelry:
Audiovisual equipment.
Bicycles.
China.
Computers, printers, software and computer supplies.
Computer toys and games.
Crystal.
Electronic equipment.
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.
An individual who is registered as an auctioneer under Ch.
480, Wis. Stats., and who sells secondhand articles or secondhand
jewelry at an auction, as defined in § 480.01(1), Wis. Stats.
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 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.
A market, indoors or out of doors, where new or used items
are sold from individual locations, with each location being operated
independently from the other locations. Items sold include, but are
not limited to, household items, antiques, rare items, decorations,
used books and used magazines.
A person, firm or corporation selling items or offering items
for sale at a flea market.
All general sales open to the public, conducted from or on
a residential premises, for the purpose of disposing of personal property,
including but not limited to all sales titled rummage, lawn, yard,
porch, room, backyard, patio or garage sale.
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.
A place where goods are sold to the public.
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.
Property which is owned, utilized and maintained and acquired
in the normal course of living in or maintaining a residence. It does
not include merchandise which was purchased for resale or obtained
on consignment.
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, other than an auctioneer, who primarily engages
in the business of purchasing or selling secondhand articles, except
when engaging in any of the following:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
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, 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:
Any transaction at an occasional garage or yard sale, an estate
sale, a gun, knife, gem or antique show or a convention.
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.
License for pawnbroker. No person may operate as a pawnbroker unless
the person first obtains a pawnbroker's license under this chapter.
B.
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 Village shall apply to the Clerk-Treasurer for a license. The Clerk-Treasurer shall furnish application forms under § 435-13 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-Treasurer.
F.
License issuance.
(1)
The Village Board shall grant the license if all the following apply:
(a)
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 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 being
a pawnbroker, secondhand jewelry dealer, secondhand article dealer
or secondhand article dealer mall or flea market owner.
(b)
With respect to an applicant for a pawnbroker's license,
the applicant provides to the governing body a bond of $500, with
not fewer than two sureties, for the observation of all municipal
ordinances relating to pawnbrokers.
(c)
The applicant has no outstanding delinquent taxes, assessments,
forfeitures for violations of Village ordinances, utility bills, or
any other claims owed to the Village.
(2)
No license issued under this section may be transferred.
(3)
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 types
of identification listed in Subsections A to H and identification
listed in Subsection I:
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.
F.
A valid passport.
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.
A.
Except as provided in Subsection B, 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.
B.
A pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction under Subsection 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 pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.
A.
Except as provided in Subsection B, for each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form provided under § 435-13. No entry on such a form may be erased, mutilated or changed. The pawnbroker, 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 § 435-7, and during that period shall make the duplicate available to any law enforcement officer for inspection at any reasonable time.
B.
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 § 435-7, and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.
A.
Except as provided in Subsection C:
(1)
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)
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)
Any secondhand jewelry purchased or received by a secondhand jewelry
dealer shall be kept on the secondhand jewelry dealer's premises
or other place of safekeeping for not less than 21 days after the
date of purchase or receipt.
B.
During the period set forth in Subsection A(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.
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 § 435-5A or the inventory under § 435-5B, whichever is appropriate. 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.
A.
The owner of any premises or land upon which two or more persons
operate as secondhand article dealers may obtain a secondhand article
dealer mall or flea market license for the premises or land if the
following conditions are met:
(1)
Each secondhand article dealer occupies a separate sales location
and identifies himself or herself to the public as a separate secondhand
article dealer.
(2)
The secondhand article dealer mall or flea market is operated under
one name and at one address and is under the control of the secondhand
article dealer mall or flea market license holder.
(3)
Each secondhand article dealer delivers to the secondhand article
dealer mall or flea market license holder, at the close of business
on each day that the secondhand article dealer conducts business,
a record of his or her sales that includes the location at which each
sale was made.
C.
Hours. Flea markets may remain open for business between the hours
of 9:00 a.m. and 8:00 p.m., unless otherwise specified on the license
by the Village Board at time of issuance.
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.
A.
Frequency of sales; ownership of merchandise.
(1)
Garage sales, yard sales and similar merchandise sales may be held
no more than twice per year at any residence and for a total of not
more than six days in that year. All goods offered for sale should
be household goods or personal possessions from the residence where
the sale is being held or, in the case of a group sale, from the residence
of the participating households. In no case shall any sales become
outlets for wholesale or retail commercial sales.
(2)
Any garage sales, yard sales and similar merchandise sales by nonprofit,
philanthropic or civic organizations must be approved by the Village
Clerk-Treasurer and may be held no more than twice per year for not
more than a total of six days in that year. In no case shall any sales
become outlets for wholesale or retail commercial sales.
B.
Hours. Garage sales shall be conducted between 7:30 a.m. and 8:00
p.m. Each sale shall last no longer than four consecutive days.
C.
Signs.
(1)
Garage sale signs may not have an area more than six square feet
with a maximum of two faces. Garage sale signs shall identify the
location of the sale and must be located off of the Village right-of-way.
(2)
No garage sale sign may be located on utility poles, traffic control
devices or on property or the adjoining right-of-way of property the
owner of which has no given explicit permission for its location.
(3)
No garage sale sign shall be displayed more than one day before the
sale or one day following the sale.
(4)
No more than one garage sale sign may be located at the sale site
and no more than two garage sale signs may be located off the site,
except that two signs are permitted on corner lots, one facing each
street.
Fees shall be as set by the Village Board.
Any person who shall violate any of the provisions of this chapter shall be subject to a penalty as provided in § 1-4 of this Code.
