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 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, radio wave, 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(2)(a)(a) A person may not make a facsimile solicitation without the consent of the person solicited unless all of the following apply:
134.72(2)(a)1.
1. 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)(a)2.
2. The person making the facsimile solicitation has had a previous business relationship with the person solicited.
134.72(2)(b)
(b) Notwithstanding
par. (a), 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 facsimile solicitation.
134.72(3)(b)
(b)
Interstate. This section applies to any interstate facsimile solicitation received by a person in this state.
134.72(4)
(4) Penalty. A person who violates this section may be required to forfeit not more than $500.
134.73
134.73
Identification of prisoner making telephone solicitation. 134.73(1)(b)
(b) "Prisoner" means a prisoner of any public or private correctional or detention facility that is located within or outside this state.
134.73(1)(d)
(d) "Telephone solicitation" means the unsolicited initiation of a telephone conversation for any of the following purposes:
134.73(1)(d)1.
1. To encourage a person to purchase property, goods, or services.
134.73(2)
(2) Requirements. A prisoner who makes a telephone solicitation shall do all of the following immediately after the person called answers the telephone:
134.73(2)(c)
(c) Inform the person called of the name of the correctional or detention facility in which he or she is a prisoner and the city and state in which the facility is located.
134.73(3)(a)(a)
Intrastate. This section applies to any intrastate telephone solicitation.
134.73(3)(b)
(b)
Interstate. This section applies to any interstate telephone solicitation received by a person in this state.
134.73(4)(a)(a) A prisoner who violates this section may be required to forfeit not more than $500.
134.73(4)(b)
(b) If a person who employs a prisoner to engage in telephone solicitation is concerned in the commission of a violation of this section as provided under
s. 134.99, the person may be required to forfeit not more than $10,000.
134.73 History
History: 2001 a. 16.
134.74
134.74
Nondisclosure of information on receipts. 134.74(1)(b)
(b) "Debit card" means a plastic card or similar device that may be used to purchase goods or services by providing the purchaser with direct access to the purchaser's account at a depository institution.
134.74(1)(c)
(c) "Depository institution" means a bank, savings bank, savings and loan association, or credit union.
134.74(2)
(2) Beginning on August 1, 2005, no person who is in the business of selling goods at retail or selling services and who accepts a credit card or a debit card for the purchase of goods or services may issue a credit card or debit card receipt, for that purchase, on which is printed more than 5 digits of the credit card or debit card number.
134.74(3)
(3) This section does not apply to any person who issues a credit card or debit card receipt that is handwritten or that is manually prepared by making an imprint of the credit card or debit card.
134.74 History
History: 2001 a. 109.
134.77
134.77
Beverage container regulation. 134.77(1)(a)
(a) "Beverage" means any alcohol beverage, as defined in
s. 125.02 (1), malt beverage, tea, bottled drinking water, as defined under
s. 97.34 (1) (a), soda water beverage, as defined under
s. 97.34 (1) (b), or fruit or vegetable juice or drink which is intended for human consumption.
134.77(1)(b)
(b) "Beverage container" means an individual, separate, sealed plastic or metal container for a beverage.
134.77(2)
(2) Self-opening metal beverage containers. 134.77(2)(a)(a) No person may sell or offer for sale at retail in this state any metal beverage container so designed and constructed that it is opened by detaching a metal ring or tab.
134.77(2)(b)
(b) Paragraph (a) does not prohibit the sale of a beverage container which:
134.77(2)(b)1.
1. Is sealed with laminated tape, foil or other soft material that is detachable.
134.77(2)(b)2.
2. Contains milk-based, soy-based or similar products which require heat and pressure in the canning process.
134.77(3)
(3) Plastic connectors. No person may sell or offer for sale at retail in this state any beverage container if the beverage container is connected to another beverage container by means of a device constructed of a material which does not decompose by photodegradation or biodegradation within a reasonable time after exposure to weather elements.
134.77(4)
(4) Penalty. Any person who violates
sub. (2) or
(3) shall forfeit not more than $500 for each violation. Each day of violation constitutes a separate offense.
134.77 History
History: 1987 a. 108.
134.80
134.80
Home heating fuel dealers. Any dealer selling fuel of any kind for the purpose of heating a private residence shall notify each private residential customer whose account is subject to disconnection of the existence of the fuel assistance programs provided by the department of administration under
s. 16.27.
134.81
134.81
Water heater thermostat settings. No person who manufactures water heaters may sell any new water heater designed for use in a dwelling unit, as defined in
s. 101.61 (1), unless that person does all of the following:
134.81(1)
(1) Sets the thermostat of the water heater at no higher than 125 degrees Fahrenheit or at the minimum setting of that water heater if the minimum setting is higher than 125 degrees Fahrenheit.
134.81(2)
(2) Attaches a plainly visible notice to the water heater warning that any thermostat setting above 125 degrees Fahrenheit may cause severe burns and consume energy unnecessarily.
134.81 History
History: 1987 a. 102.
