Title
An Ordinance to Repeal and Recreate Section 9.15 of the West Allis Revised Municipal Code Relating to Pawn Shops, Secondhand Stores, Junk Shops, Precious Metal and Gem Dealers.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 9.15 of the Revised Municipal Code of the City of West Allis is hereby repealed and recreated to read:
9.15 PAWN SHOPS, SECONDHAND STORES, JUNK SHOPS, PRECIOUS METAL AND GEM DEALERS.
(1) License Required.
(a) No persons shall operate any pawn shop, secondhand store, junk store or deal in precious metals or gems in the City of West Allis without first having obtained a license therefor.
(b) Exceptions. The requirements of this section do not apply to the following:
1. Transactions involving occasional garage or yard sales, estate sales, coin, gem, antique or stamp shows, conventions or auctions.
2. Transactions involving the purchase of grindings, filings, slag, sweeps, scraps or dust from an industrial manufacturer, dental laboratory, dentist or agent thereof.
3. Transactions involving the purchase of photographic film, including lithographic and x-ray film for reprocessing.
4. Transactions between dealers licensed under this section.
5. Transactions while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.
(2) Definitions.
(a) "Pawnbroker" is defined as 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.
(b) "Precious Metal and Gem Dealer" is defined as 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:
1. Any transaction with a licensed secondhand jewelry dealer.
2. 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.
3. Any activity listed under Subsection (d).
(c) "Secondhand or Junk Dealer" is defined as 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:
1. Any transaction entered into by a person while engaged in a business for which the person is licensed under Subsection (2) or (4) or while engaged in the business of junk collector, junk dealer or scrap processor as described in Wis. Stat. Sec. 70.995(2)(x).
2. Any transaction while operating as a charitable organization or conducting a sale the proceeds of which are donated to a charitable organization.
3. Any activity listed under Subsection (d).
(d) Excluded Activity. The definition of Secondhand Junk, Precious Metal or Gem Dealer does not include the following:
1. Any transaction between a buyer of new jewelry or a new article and the person who sold the jewelry or article when new which involves any of the following:
a. The return of the jewelry or article.
b. The exchange of the jewelry for different, new jewelry or exchange of the article for a different, new article.
2. Any transaction as a purchaser of secondhand jewelry or articles from a charitable organization if the secondhand jewelry or article was a gift to the charitable organization.
3. Any transaction as a seller of secondhand jewelry or article, which the person bought from a charitable organization if the secondhand jewelry or article was a gift to the charitable organization.
(e) (Reserved)
(f) "Second-Hand" means previously owned by a member of the general public. It does not mean previously owned by a wholesaler, retailer or by a second-hand dealer licensed under this section.
(g) "Adequate Identification" means one of the following types of identification:
1. A Milwaukee County identification card;
2. A valid Wisconsin motor vehicle operator's license;
3. A state identification card;
4. A valid motor vehicle operator's license containing a picture, issued by another state;
5. A military identification card;
6. A valid passport;
7. An alien registration card;
8. A non-picture identification document by a state or federal government, if a dealer also obtains a clear fingerprint of the seller's right index finger; or,
9. A senior citizen identification card containing a photograph.
(3) Licenses. All licenses issued under this section shall expire effective June 30 of the calendar year following issuance.
(a) Fees.
1. The license fee for a pawnbroker's license shall be two hundred ten dollars ($210) per year.
2. The license fee for a precious metal or gem dealer shall be one hundred fifty dollars ($150) per year.
3. The license fee for a second-hand or junk dealer shall be seventy-five dollars ($75) per year.
(4) License Issuance and Granting.
(a) Application for licenses shall be submitted to the City Clerk who shall refer each application to the Common Council. Required license fees shall accompany any application received by the Clerk.
(b) The Common Council may grant the license if the following apply:
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 proceeding ten (10) years of a felony or within the proceeding five (5) years of a misdemeanor, statutory violations 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 or junk dealer, or precious metal and gem dealer.
2. With respect to an applicant for a pawnbroker's license, the applicant provides to the City Clerk a bond of five hundred dollars ($500) with not less than two (2) sureties, for the observation of all municipal ordinances relating to pawnbrokers.
3. Compliance with all other applicable codes and regulations.
(c) No license issued under this subsection may be transferred.
(5) Records to be Maintained.
(a) Identification of Seller. No pawnbroker or precious metal and gem dealer shall receive in pawn or purchase any firearm or second-hand articles without first securing adequate identification, as defined above, from the seller.
(b) Dealer to maintain, register and obtain declaration of seller's ownership.
1. Every pawnbroker and precious metal and gem dealer licensed under this section shall keep a permanent handwritten or electronic record in such form as the Chief of Police shall prescribe, in which each dealer shall record legibly in English the following information about each seller: name, address, date of birth, driver's license number or number of other identification allowed under paragraph (2)(g). The dealer shall also record the date, time and place of the purchase, the value given in dollars and an accurate and detailed account and description of each article being purchased, including but not limited to any trademark, identification number, serial number, model number, brand name, description by weight and design of such article, and other identifying marks and inscriptions of personal nature, and when applicable, whether the article is a male or female item. The book shall be kept in ink and no entry in such book shall be erased, mutilated or changed.
2. The dealer shall also obtain a written declaration of the seller's ownership which shall state from whom the seller received the article, whether the article is totally owned by the seller, how long the seller has owned the article, whether the seller or someone else found the article and, if the article was found, the details of its finding.
3. The seller shall sign and print his or her full name in such register and on the declaration of ownership and shall be identified in the register by home address, gender, date of birth, height, weight, race and hair and eye color.
4. Any and all such registers shall be made available to any police officer for inspection at any reasonable time, and must be retained for at least five years.
(c) Report of Receipt. Every holder of a pawnbroker's or precious metal and gems dealer's license in the City of West Allis who obtains in pawn, purchase or exchange any firearm whether smooth bore, shotgun, rifle or handgun, or second-hand article made in whole or in part of platinum, gold, silver, copper, brass, bronze or other precious metal, or precious or semi-precious stones or pearls, shall, within twenty-four (24) hours after receiving such firearm or article, report to the Chief of Police of the City of West Allis the fact that same has been received, with information required to be taken under paragraph (b) of this section, regarding the person from whom such firearm or article was received, together with the description of such firearm or article.
(d) Holding.
1. Holding times.
a. Any firearm or article made in whole or in part of platinum, gold, silver, copper, brass, bronze or other precious metal, or precious or semi-precious stones or pearls, other than gold or silver coins or bullion, purchased by a pawn broker or precious metal and gem dealer from a member of the general public shall be kept on the dealer's premises in the form that it was received for not less than fifteen (15) days from the date of purchase, during which time the article shall be held separate and apart from any other transaction and shall not be changed or altered in any manner. The dealer shall permit the Chief of Police or any other police officer designated by the Chief to inspect the article during the fifteen (15) day period.
b. Gold and silver coins or bullion. Any second hand gold or silver coins or bullion purchased by a pawn broker or precious metal and gem dealer from a member of the general public shall be kept on the dealer's premises in the form that it was received for not less than forty-eight (48) hours from the date of purchase, during which time the article shall be held separate and apart from any other transaction and shall not be changed or altered in any manner. The dealer shall permit the Chief of Police or any other police officer designated by the Chief to inspect the article during the forty-eight (48) hour period.
2. The Chief of Police, or any police officer designated by the Chief, may, in his or her discretion, cause any article of second-hand property covered by this section which has been exchanged or purchased, which he or she has reason to believe was not sold or exchanged by the lawful owner, to be held for the purposes of identification for such additional reasonable length of time as the Chief of Police or designee deems necessary.
(6) Moral Character. It is hereby deemed to be in the public interest to discourage trafficking in stolen property and to assist the police authorities in the recovery of stolen goods and the apprehension of thieves. Therefore, no pawnbroker's, second-hand or junk dealer's, or precious metal and gem dealer's license shall be granted to any person not of good moral character. The Chief of Police shall investigate or cause to be investigated each applicant for any license under this section, and shall furnish to the City Clerk, in writing, the information derived from any such investigation.
(a) No license under this section shall be granted to any applicant who is not of good moral character, or who has been convicted of any felony, misdemeanor or other offense, the circumstances of which substantially relate to the circumstances of being a precious metal and gem dealer, pawnbroker, or second-hand or junk dealer. In this paragraph, "applicant" shall include any individual or partner, and any officer, director or agent of any corporate applicant.
(b) No license under this section shall be granted to any person who has not resided in the State of Wisconsin continuously for a period of at least one year prior to the date of filing his or her application.
(7) License Revocation. The License and Health Committee of the Common Council is hereby granted the authority to revoke or refuse to issue any license under this section upon cause shown. Cause for revoking or denying such license shall include, but not be limited to, the following:
Violations of this section; violations of Secs. 134.17, 934.34 (Receiving Stolen Property), 943.35 (Receiving Property from Children), and 943.37 (Alteration of Property Identification Marks) of the Wisconsin Statutes, or local ordinances in conformity with any such sections.
(8) Penalties.
(a) Any person, firm or corporation violating this section shall, upon conviction for a first offense, forfeit not less than fifty dollars ($50) nor more than one-thousand dollars ($1,000), together with the costs of prosecution and, in default of payment, shall be imprisoned in the House of Correction or County Jail not to exceed six (6) months, or until such forfeiture and costs are paid.
(b) Any person, firm or corporation violating this section shall, upon conviction for the second or subsequent offenses, forfeit not less than five hundred dollars ($500), nor more than two thousand dollars ($2,000), together with the costs of prosecution and, in default of payment, shall be imprisoned in the House of Correction or County Jail not to exceed six (6) months, or until such forfeiture and costs are paid.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby amended.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-Repeal&Recreate Sec 9.15-PawnShops etc