[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 3-91. Amendments noted where applicable.]
GENERAL REFERENCES
Direct sellers and solicitors — See Ch. 124.
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 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]
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.
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.
The City of Hudson.
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.
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:
[Amended 5-1-2000 by Ord. No. 9-00]
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:
[Amended 5-1-2000 by Ord. No. 9-00]
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 city shall apply to the Clerk for a license. The Clerk shall furnish application forms under § 184-12 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.
[Amended 5-1-2000 by Ord. No. 9-00]
(5)
The name of the manager or proprietor of the business.
(6)
Any other information that the Clerk may reasonably
require.
[Amended 5-1-2000 by Ord. No. 9-00]
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.
[Amended 5-1-2000 by Ord. No. 9-00]
F.
License issuance.
(1)
The Common Council 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.
[Amended 5-1-2000 by Ord. No. 9-00]
(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 City ordinances,
utility bills, or any other claims owed to the City.
[Added 5-19-2008 by Ord. No. 3-08]
(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 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.
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 § 184-12. 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 § 184-7, 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 § 184-7, 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.
[Amended 12-15-2008 by Ord. No. 11-08]
(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.
[Amended 12-15-2008 by Ord. No. 11-08]
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 § 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.
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.
[Amended 5-1-2000 by Ord. No. 9-00]
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: