§ 18-630. Secondhand articles dealers and secondhand jewelry dealer licenses.

(a)

No person shall carry on or operate or be concerned in operating or carrying on within the village the business of dealing in secondhand articles or secondhand jewelry without first being duly licensed as provided in this section. Any person who shall do so shall be punished as provided in section 18-642. A person who operates as a secondhand article dealer only on a premises or land owned by a person having a secondhand dealer mall or flea market license does not need to obtain a license.

(b)

Definitions:

Articles means any of the following: 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; and telephones. This definition does not include jewelry.

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 semi-precious.

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.

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:

(1)

Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.

(2)

Any transaction entered into by a person while engaged in a business for which the person is licensed as a pawnbroker or secondhand jewelry dealer or while engaged in the business of junk collector, junk dealer or scrap processor as described in Wis. Stats. § 70.995(2)(x)

(3)

Any transaction while operating as a charitable organization or conducting a sale, the proceeds of which are donated to a charitable organization.

(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: the return of the article; the exchange of the article for a different, new article.

(5)

Any transaction as a purchase of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.

(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.

Secondhand jewelry dealer means any person, other than an auctioneer, who primarily engages in the business of any transaction consisting of purchasing, selling, receiving or exchanging secondhand jewelry, except for the following:

(1)

Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem or antique show or a convention.

(2)

Any transaction with a licensed secondhand jewelry dealer.

(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.

(4)

Any transaction between a buyer of new jewelry and the person who sold the jewelry when new which involves any of the following: the return of the jewelry or the exchange of the jewelry for different, new jewelry.

(5)

Any transaction as a purchaser of secondhand jewelry from a charitable organization if the secondhand jewelry was a gift to the charitable organization.

(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.

(c)

All applicants for a license under this section shall make an application and pay the applicable license fees, as established from time to time by separate resolution of the village board, to the village clerk. Upon receipt of the application and fees, the application shall be forwarded to the village police department which shall conduct an investigation of each applicant to determine if they meet the standard of subsection (d) herein. The department shall furnish a written report to the clerk of its findings.

(d)

The village board shall grant a license to all applicants for a license under this section on the following condition:

The applicant has not been convicted within the preceding ten 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 secondhand article dealer or secondhand jewelry dealer.

(Ord. No. 2-O-2002, § 1, 1-7-2002)