134.695(1)(am)
(am) "Nonprofit organization" means an organization described in section
501 (c) (3) of the Internal Revenue Code which is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
134.695(1)(b)
(b) "Recycler" means a person, other than a nonprofit organization, who is engaged in the business of purchasing used home furnishings for the purpose of collecting, separating, processing and selling the material that was used in manufacturing the used home furnishings.
134.695(1)(c)
(c) "Registration plate" means a plate specified under
s. 341.12 or under a similar law of another state.
134.695(1)(d)
(d) "Used home furnishings" means windows, siding, piping, radiators, cabinets, bookcases, doors, light fixtures, wood moldings, bathroom fixtures, bannisters, doorknobs, mantels, staircases or other attached items that are removed from a home or other building.
134.695(2)
(2) No antique dealer or recycler may knowingly purchase or receive used home furnishings from a person unless the antique dealer or recycler obtains the person's signature and records all of the following information:
134.695(2)(c)
(c) The registration plate numbers and the color, make, model and year of any motor vehicle delivering the used home furnishings to the antique dealer or recycler.
134.695(2)(d)
(d) If known by the person, the address of the home or other building from which the used home furnishings were removed.
134.695(3)
(3) An antique dealer or recycler shall maintain a record of the information provided under
sub. (2) for not less than one year after the later of the dates on which the antique dealer or recycler purchases or receives the used home furnishings.
134.695(4)
(4) Any person who violates this section shall forfeit not less than $100 nor more than $1,000 for the first offense and shall forfeit not less than $500 nor more than $3,000 upon conviction for a 2nd or subsequent offense.
134.695 History
History: 1997 a. 76.
134.71
134.71
Pawnbrokers and secondhand article and jewelry dealers. 134.71(1)(a)
(a) "Article" means any of the following articles except jewelry:
134.71(1)(a)4.
4. Computers, printers, software and computer supplies.
134.71(1)(a)12m.
12m. Video tapes or discs, audio tapes or discs, and other optical media.
134.71(1)(ag)
(ag) "Auctioneer" means an individual who is registered as an auctioneer under
ch. 480 and who sells secondhand articles or secondhand jewelry at an auction, as defined in
s. 480.01 (1).
134.71(1)(am)
(am) "Charitable organization" means 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.
134.71(1)(b)
(b) "Customer" means a person with whom a pawnbroker, secondhand article dealer or secondhand jewelry dealer or an agent thereof engages in a transaction of purchase, sale, receipt or exchange of any secondhand article or secondhand jewelry.
134.71(1)(c)
(c) "Jewelry" means 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.
134.71(1)(d)
(d) "Municipality" means a city, village or town.
134.71(1)(e)
(e) "Pawnbroker" means 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.
134.71(1)(f)
(f) "Secondhand" means owned by any person, except a wholesaler, retailer or secondhand article dealer or secondhand jewelry dealer licensed under this section, immediately before the transaction at hand.
134.71(1)(g)
(g) "Secondhand article dealer" means 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:
134.71(1)(g)1.
1. Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.
134.71(1)(g)2.
2. Any transaction entered into by a person while engaged in a business for which the person is licensed under
sub. (2) or
(4) or while engaged in the business of junk collector, junk dealer or scrap processor as described in
s. 70.995 (2) (x).
134.71(1)(g)3.
3. Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.
134.71(1)(g)4.
4. Any transaction between a buyer of a new article and the person who sold the article when new which involves any of the following:
134.71(1)(g)5.
5. Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.
134.71(1)(g)6.
6. 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.
134.71(1)(h)
(h) "Secondhand jewelry dealer" means 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:
134.71(1)(h)1.
1. Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.
134.71(1)(h)2.
2. Any transaction with a licensed secondhand jewelry dealer.
134.71(1)(h)3.
3. 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.
134.71(1)(h)4.
4. Any transaction between a buyer of new jewelry and the person who sold the jewelry when new which involves any of the following:
134.71(1)(h)5.
5. Any transaction as a purchaser of secondhand jewelry from a charitable organization if the secondhand jewelry was a gift to the charitable organization.
134.71(1)(h)6.
6. 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.
134.71(2)
(2) License for pawnbroker. No person may operate as a pawnbroker unless the person first obtains a pawnbroker's license under this section. A license issued to a pawnbroker by the governing body of a municipality authorizes the licensee to operate as a pawnbroker in that municipality.
134.71(3)
(3) License for secondhand article dealer. 134.71(3)(a)(a) Except as provided in
par. (b), no person may operate as a secondhand article dealer unless the person first obtains a secondhand article dealer's license under this section. A license issued to a secondhand article dealer authorizes the licensee to operate as a secondhand article dealer anywhere in the state.
134.71(3)(b)
(b) A person who operates as a secondhand article dealer only on premises or land owned by a person having a secondhand dealer mall or flea market license under
sub. (9) need not obtain a secondhand article dealer's license.
134.71(4)
(4) 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 section. A license issued to a secondhand jewelry dealer authorizes the licensee to operate as a secondhand jewelry dealer anywhere in the state.
134.71(5)
(5) License application. A person wishing to operate as a secondhand article dealer or a secondhand jewelry dealer and have a principal place of business in a municipality shall apply for a license to the clerk of that municipality. A person wishing to operate as a pawnbroker in a municipality shall apply for a license to the clerk of the municipality. The clerk shall furnish application forms under
sub. (12) that shall require all of the following:
134.71(5)(a)
(a) The applicant's name, place and date of birth, residence address, and all states where the applicant has previously resided.
134.71(5)(b)
(b) The names and addresses of the business and of the owner of the business premises.
134.71(5)(c)
(c) A statement as to whether the applicant has been convicted within the preceding 10 years of a felony or within the preceding 10 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.
134.71(5)(d)
(d) Whether the applicant is a natural person, corporation, limited liability company or partnership, and:
134.71(5)(d)1.
1. If the applicant is a corporation, the state where incorporated and the names and addresses of all officers and directors.
134.71(5)(d)2.
2. If the applicant is a partnership, the names and addresses of all partners.
134.71(5)(d)2L.
2L. If the applicant is a limited liability company, the names and addresses of all members.
134.71(5)(e)
(e) The name of the manager or proprietor of the business.
134.71(5)(f)
(f) Any other information that the county or municipal clerk may reasonably require.
134.71(6)
(6) Investigation of license applicant. The law enforcement agency of the county or municipality 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 10 years of a misdemeanor, statutory violation punishable by forfeiture or county or municipal ordinance violation described under
sub. (5) (c) and, if so, the nature and date of the offense and the penalty assessed. The law enforcement agency shall furnish the information derived from that investigation in writing to the clerk of the municipality or county.
134.71(7)(a)(a) The governing body of the county or municipality shall grant the license if all of the following apply:
134.71(7)(a)1.
1. 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 10 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.
134.71(7)(a)2.
2. With respect to an applicant for a pawnbroker's license, the applicant provides to the governing body a bond of $500, with not less than 2 sureties, for the observation of all municipal ordinances relating to pawnbrokers.
134.71(7)(b)
(b) No license issued under this subsection may be transferred.
134.71(7)(c)1.1. Each license for a pawnbroker, secondhand article dealer or secondhand jewelry dealer is valid from January 1 until the following December 31.
134.71(7)(c)2.
2. Each license for a secondhand article dealer mall or flea market is valid for 2 years, from May 1 of an odd-numbered year until April 30 of the next odd-numbered year.
134.71(8)
(8) Pawnbroker and dealer requirements. 134.71(8)(a)(a)
Identification. 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:
