[HISTORY: Adopted by the Town Board of the Town of Pacific 10-16-2012 by Ord. No. 2012-45. Amendments noted where applicable.]
Licenses and permits — See Ch. 278.
The definitions provided in § 134.71, Wis. Stats., are incorporated in this chapter.
No person may operate as a pawnbroker, secondhand article dealer or secondhand jewelry dealer in the Town of Pacific unless the person first obtains a license under this chapter. A separate license shall be obtained for each premises that conducts pawnbroker or secondhand business. Each license issued under this chapter shall be displayed in a conspicuous place visible to anyone entering the licensed premises.
[Amended 12-20-2016 by Ord. No. 2016-6]
The license for pawnbrokers, for secondhand article dealers and for secondhand jewelry dealers shall be established in a resolution to be adopted by the Town Board.
[Amended 9-20-2016 by Ord. No. 2016-5]
Written applications for licenses and license application fees shall be filed with the Town Clerk for presentation and approval by the Town Board. The application shall include:
The applicant's name, date of birth, address and all states where the applicant has lived.
The name and address of the business.
The name, address and date of birth of the manager(s) or proprietor(s) of the business. When a licensee places a manager in charge of a business, or if the named manager(s) in charge of a licensed business change, the licensee must inform the Town Clerk of the change and of the name, address and date of birth of the new manager(s).
A statement as to whether the applicant (or any of its managers, officers, directors, members or partners) has been convicted within the preceding 10 years of a felony, or a misdemeanor or ordinance violation in which the circumstances of the offense substantially relate to the circumstances of the licensed activity, and, if so, the nature and date of the offense and the penalty assessed.
Whether the applicant (or any of its managers, officers, directors, members or partners) has previously been denied or had revoked or suspended a pawn broker, secondhand article dealer or secondhand jewelry dealer license for any other governmental unit. If so, the applicant must furnish information as to the date, location and reason for the action.
Whether the applicant is a natural person, corporation, limited liability company or partnership, and:
Applicant's plan of business operations on the premises.
Any other information that the Town Clerk may reasonably require.
[Amended 9-20-2016 by Ord. No. 2016-5; 12-20-2016 by Ord. No. 2016-6]
The Town Board shall issue the license if the applicant (and its managers, officers, directors, members or partners) has not been convicted within the preceding 10 years of a felony, or a misdemeanor or ordinance violation in which the circumstances of the offense substantially relate to the circumstances of the licensed activity and if the Board approves the plan of operation. The Town Board may impose conditions and/or restrictions when issuing the license.
The Town Board may deny, suspend, or revoke any license issued by it for fraud, misrepresentation or false statement contained in the application for a license, or for any violation of this chapter or of local, state or federal law substantially related to the business licensed under this chapter, or if a background check is impracticable or impossible due to unavailable information. The Town Board many also suspend or revoke the license if the applicant does not operate in accordance with the plan of business operations set forth in the application approved by the Town or does not operate in compliance with any conditions or restrictions set forth on the license.
No license issued under this chapter may be transferred to another person or another premises.
The license shall be issued for a term of three years.
For each transaction of purchase, receipt or exchange of any item from a customer, a licensee shall complete a computerized record approved by the Town Board, which includes:
A complete and accurate description of each item, including but not limited to any trademark, identification number, serial number, model number, brand name or other identifying mark.
The purchase price or amount of money loaned upon or pledged for the item.
The maturity date of the transaction, the amount due, interest rates, fees and charges.
Date and time the item was received, and a unique transaction identifier that distinguishes it from other transactions.
Full name, address, telephone number, date of birth and description (sex, height, weight, race, eye and hair color) of the person from whom the item was received (the seller).
The identification number and state of issue of a photo identification of the seller.
Within 24 hours after purchasing or receiving an item, a licensee shall make available original forms and receipts completed by the seller for inspection by law enforcement.
The licensee must provide a receipt to the seller in every transaction and must maintain a duplicate of the receipt for three years. The receipt must include the following information:
The name, address and telephone number of the licensed business.
The date and time the item was received by the licensee and the nature of the transaction.
A description of the item received.
The name or unique identifier of the licensee or employee that conducted the transaction.
The amount of money advanced or paid for the item.
The last day of business by which the item must be redeemed by the seller without risk that the item will be sold and the amount of money required to redeem the item on that date, including interest rates, fees and charges.
The name, address, telephone number and date of birth of the seller.
The signature of the seller.
At all times during the term of the license, the licensee must allow law enforcement officers to enter the premises of the licensed business, including off-site storage facilities, during normal business hours, for the purpose of inspecting such premises, items and records to verify compliance with this chapter or any other applicable laws.
Any person who violates any provision of this chapter shall be subject to a forfeiture of not less than $50 nor more than $1,000. Upon conviction for a second or subsequent offense under this chapter, a person shall be subject to a forfeiture of not less than $500 nor more than $2,000.