134.71(8)(c)2.
2. 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
par. (e), and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.
134.71(8)(d)1.1. Except as provided in
subd. 5., 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.
134.71(8)(d)2.
2. Except as provided in
subd. 5., 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 10 days after the date of purchase or receipt.
134.71(8)(d)3.
3. Except as provided in
subd. 5., any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the secondhand jewelry dealer's premises or other place for safekeeping for not less than 15 days after the date of purchase or receipt.
134.71(8)(d)4.
4. During the period set forth in
subd. 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.
134.71(8)(d)5.a.
a. A coin of the United States, any gold or silver coin or gold or silver bullion.
134.71(8)(d)5.b.
b. A secondhand article or secondhand jewelry consigned to a pawnbroker, secondhand article dealer or secondhand jewelry dealer.
134.71(8)(e)
(e)
Report to law enforcement agency. 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
par. (c) 1. or the inventory under
par. (c) 2., whichever is appropriate. Notwithstanding
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.
134.71(8)(f)
(f)
Exception for customer return or exchange. Nothing in this subsection 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.
134.71(9)
(9) Secondhand article dealer mall or flea market. 134.71(9)(a)(a) The owner of any premises or land upon which 2 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:
134.71(9)(a)1.
1. Each secondhand article dealer occupies a separate sales location and identifies himself or herself to the public as a separate secondhand article dealer.
134.71(9)(a)2.
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.
134.71(9)(a)4.
4. 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.
134.71(9)(b)
(b) The secondhand article dealer license holder and each secondhand article dealer operating upon the premises or land shall comply with
sub. (8).
134.71(10)
(10) License revocation. A governing body of a county or municipality may revoke any license issued by it under this section for fraud, misrepresentation or false statement contained in the application for a license or for any violation of this section or
s. 943.34,
948.62 or
948.63.
134.71(11)
(11) Fees. The license fees under this section are:
134.71(11)(b)
(b) For a secondhand article dealer's license, $27.50.
134.71(11)(c)
(c) For a secondhand jewelry dealer's license, $30.
134.71(11)(d)
(d) For a secondhand article dealer mall or flea market license, $165.
134.71(12)
(12) Applications and forms. The department of agriculture, trade and consumer protection shall develop applications and other forms required under
subs. (5) (intro.) and
(8) (c). The department shall print a sufficient number of applications and forms to provide to counties and municipalities for distribution to pawnbrokers, secondhand article dealers and secondhand jewelry dealers at no cost.
134.71(13)(a)(a) Upon conviction for a first offense under this section, a person shall forfeit not less than $50 nor more than $1,000.
134.71(13)(b)
(b) Upon conviction for a 2nd or subsequent offense under this section, a person shall forfeit not less than $500 nor more than $2,000.
134.71(14)
(14) Ordinance. A county or municipality may enact an ordinance governing pawnbrokers, secondhand article dealers or secondhand jewelry dealers if that ordinance is at least as stringent as this section.
134.72
134.72
Prohibition of certain unsolicited messages by telephone or facsimile machine. 134.72(1)(a)
(a) "Facsimile machine" means a machine that transmits copies of documents by means of a telephone line, telegraph line, microwave, satellite, cellular radio, fiber optics, coaxial cable or any other transmission facility or any switching device.
134.72(1)(b)
(b) "Facsimile solicitation" means the unsolicited transmission of a document by a facsimile machine for the purpose of encouraging a person to purchase property, goods or services.
134.72(1)(c)
(c) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for the purpose of encouraging a person to purchase property, goods or services.
134.72(2)(a)(a)
Prerecorded telephone solicitation. No person may use an electronically prerecorded message in telephone solicitation without the consent of the person called.
134.72(2)(b)1.1. A person may not make a facsimile solicitation without the consent of the person solicited unless all of the following apply:
134.72(2)(b)1.a.
a. The document transmitted by facsimile machine does not exceed one page in length and is received by the person solicited after 9 p.m. and before 6 a.m.
134.72(2)(b)1.b.
b. The person making the facsimile solicitation has had a previous business relationship with the person solicited.
134.72(2)(b)2.
2. Notwithstanding
subd. 1., a person may not make a facsimile solicitation to a person who has notified the facsimile solicitor in writing or by facsimile transmission that the person does not want to receive facsimile solicitation.
134.72(3)(a)(a)
Intrastate. This section applies to any intrastate telephone solicitation or intrastate facsimile solicitation.
134.72(3)(b)
(b)
Interstate. This section applies to any interstate telephone solicitation, or interstate facsimile solicitation, received by a person in this state.
134.72(4)
(4) Penalty. A person who violates this section may forfeit up to $500.
134.74(1)(a)
(a) "Prize" means a gift, award or other item or service of value.
134.74(1)(b)1.1. "Prize notice" means a notice given to an individual in this state that satisfies all of the following:
134.74(1)(b)1.a.
a. Is or contains a representation that the individual has been selected or may be eligible to receive a prize.
134.74(1)(b)1.b.
b. Conditions receipt of a prize on a payment from the individual or requires or invites the individual to make a contact to learn how to receive the prize or to obtain other information related to the notice.
134.74(1)(b)2.
2. "Prize notice" does not include any of the following:
134.74(1)(b)2.b.
b. A notice informing the individual that he or she has been awarded a prize as a result of his or her actual prior entry in a game, drawing, sweepstakes or other contest, if the individual is awarded the prize stated in the notice.
134.74(1)(c)
(c) "Solicitor" means a person who represents to an individual that the individual has been selected or may be eligible to receive a prize.
134.74(1)(d)
(d) "Sponsor" means a person on whose behalf a solicitor gives a prize notice.
134.74(1)(e)
(e) "Verifiable retail value" of a prize means:
134.74(1)(e)1.
1. A price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor or sponsor in the trade area in which the prize notice is given.
134.74(1)(e)2.
2. If the solicitor or sponsor is unable to satisfy
subd. 1., no more than 1.5 times the amount the solicitor or sponsor paid for the prize.
134.74(2)
(2) Written prize notice required. If a solicitor represents to an individual that the individual has been selected or may be eligible to receive a prize, the solicitor may not request, and the solicitor or sponsor may not accept, a payment from the individual in any form before the individual receives a written prize notice that contains all of the information required under
sub. (3) (a) presented in the manner required under
sub. (3) (b) to
(f).
134.74(3)
(3) Delivery and contents of written prize notices. 134.74(3)(a)(a) A written prize notice shall contain all of the following information presented in the manner required under
pars. (b) to
(f):
134.74(3)(a)2.
2. The verifiable retail value of each prize the individual has been selected or may be eligible to receive.
134.74(3)(a)3.
3. If the notice lists more than one prize that the individual has been selected or may be eligible to receive, a statement of the odds the individual has of receiving each prize.
134.74(3)(a)4.
4. Any requirement or invitation for the individual to view, hear or attend a sales presentation in order to claim a prize, the approximate length of the sales presentation and a description of the property or service that is the subject of the sales presentation.
134.74(3)(a)5.
5. Any requirement that the individual pay shipping or handling fees or any other charges to obtain or use a prize.
134.74(3)(a)6.
6. If receipt of the prize is subject to a restriction, a statement that a restriction applies, a description of the restriction and a statement containing the location in the notice where the restriction is described.
134.74(3)(b)1.1. The verifiable retail value and the statement of odds required in a written prize notice under
par. (a) 2. and
3. shall be stated in immediate proximity to each listing of the prize in each place the prize appears on the written prize notice and shall be in the same size and boldness of type as the prize.
134.74(3)(b)2.
2. The statement of odds shall include, for each prize, the total number of prizes to be given away and the total number of written prize notices to be delivered. The number of prizes and written prize notices shall be stated in Arabic numerals. The statement of odds shall be in the following form: ".... (number of prizes) out of.... written prize notices".
134.74(3)(b)3.
3. The verifiable retail value shall be in the following form: "verifiable retail value: $....".
134.74(3)(c)
(c) If an individual is required to pay shipping or handling fees or any other charges to obtain or use a prize, the following statement shall appear in immediate proximity to each listing of the prize in each place the prize appears in the written prize notice and shall be in not less than 10-point boldface type: "YOU MUST PAY $.... IN ORDER TO RECEIVE OR USE THIS ITEM."
134.74(3)(d)
(d) The information required in a written prize notice under
par. (a) 4. shall be on the first page of the written prize notice in not less than 10-point boldface type. The information required under
par. (a) 6. and
7. shall be in not less than 10-point boldface type.
134.74(3)(e)
(e) If a written prize notice is given by a solicitor on behalf of a sponsor, the name of the sponsor shall be more prominently and conspicuously displayed than the name of the promoter.
134.74(3)(f)
(f) A solicitor or sponsor may not do any of the following:
134.74(3)(f)1.
1. Place on an envelope containing a written prize notice any representation that the person to whom the envelope is addressed has been selected or may be eligible to receive a prize.
134.74(3)(f)2.
2. Deliver a written prize notice that contains language, or is designed in a manner, that would lead a reasonable person to believe that it originates from a government agency, public utility, insurance company, consumer reporting agency, debt collector or law firm unless the written prize notice originates from that source.
134.74(3)(f)3.
3. Represent directly or by implication that the number of individuals eligible for the prize is limited or that an individual has been selected to receive a particular prize unless the representation is true.
134.74(4)
(4) Sales presentations. If a prize notice requires or invites an individual to view, hear or attend a sales presentation in order to claim a prize, the sales presentation may not begin until the solicitor does all of the following:
134.74(4)(a)
(a) Informs the individual of the prize, if any, that has been awarded to the individual.
134.74(4)(b)
(b) If the individual has been awarded a prize, delivers to the individual the prize or the item selected by the individual under
sub. (5) if the prize is not available.
134.74(5)
(5) Prize award required; options if prize not available. 134.74(5)(a)(a) A solicitor who represents to an individual in a written prize notice that the individual has been awarded a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual:
134.74(5)(a)1.
1. Any other prize listed in the written prize notice that is available and that is of equal or greater value.
