134.71 Pawnbrokers and secondhand article and jewelry dealers.
585 words·~3 min read·
/wi/chapter-134/134-71A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
134.71 Pawnbrokers and secondhand article and jewelry dealers.
(1)Definitions. In this section:
(a)“Article” means any of the following articles except jewelry:
1. Audiovisual equipment.
2. Bicycles.
3. China.
4. Computers, printers, software and computer supplies.
5. Computer toys and games.
6. Crystal.
7. Electronic equipment.
8. Fur coats and other fur clothing.
9. Ammunition and knives.
10. Microwave ovens.
11. Office equipment.
12. Pianos, organs, guitars and other musical instruments.
12m. Video tapes or discs, audio tapes or discs, and other optical media.
13. Silverware and flatware.
14. Small electrical appliances.
15. Telephones.
(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).
(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.
(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.
(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.
(d)“Municipality” means a city, village or town.
(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.
(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.
(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:
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 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
(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:
a. The return of the article.
b. The exchange of the article for a different, new article.
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.
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.
(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: