92-33. Regulations.
1. ALTERED OR OBLITERATED SERIAL NUMBER. No licensee shall receive any item or property with an altered or obliterated serial number, or from which a serial number has been removed.
2. INSPECTION. Every item pawned, pledged, exchanged, purchased, or accepted on consignment by a licensee shall be open for inspection by the chief of police, or the chief’s designee, at any reasonable time.
3. HOLDING PERIOD. A licensee shall hold every item not otherwise exempt from licensure under this subchapter separate and apart from any other items, unchanged and unaltered from the form it was received, for inspection by the chief of police, in accordance with the following:
a. 30-Day Holding Period. All items pawned or pledged for security on a loan by a pawnbroker, and all items purchased or exchanged by a precious metal and gem dealer, except for gold coins or bullion, or silver coins or bullion.
b. 10-Day Holding Period. All items purchased, exchanged, or accepted in consignment, except for clothing, clothing accessories, and large furniture and appliances.
c. Additional Holding Period. The chief of police may, at the chief’s sole discretion, cause any item pawned, pledged, purchased, or exchanged, which the police chief has reason to believe was not pawned, pledged, disposed of, sold, or exchanged by the lawful owner, to be held for an additional holding period deemed reasonable by the chief of police after the elapse of the initial holding period, for identification by the lawful owner.
4. AUTOMATED RECYCLING KIOSKS. A secondhand dealer operating an automated recycling kiosk may store items acquired at the kiosk in a secure off-site location. The dealer shall retain an item stored under this subsection for 30 days and, upon request, return that item to a law enforcement officer of this state within 3 business days without cost.
5. MINORS. No licensee shall have any business dealings with any person less than 18 years of age, unless that person is with a parent or guardian. A parent or guardian appearing with a minor may file a signed consent form granting permission for that minor to conduct business with the dealer at a future date without the presence of a parent or guardian. The written consent shall be retained by the dealer.
6. INTOXICATED PERSONS. No licensee shall bargain for, take, purchase, or receive in pawn any item from any intoxicated person, including any bond, note, or security.
7. STOLEN GOODS. Every licensee shall report to the police any item presented to the licensee during the course of business the licensee has reason to believe was stolen, either by the person presenting the item or another party.
8. IDENTIFICATION.
a. Identification Required. No licensee shall purchase, pledge, exchange, accept for consignment, pawn, or sell any item without first securing adequate identification from the seller as provided in this subsection.
b. Forms of Identification. Identification obtained by a licensee shall be limited to one of the following current and unexpired forms of identification:
b-1. A city of Milwaukee municipal identification card issued under Chapter 83.
b-2. A Milwaukee county identification card.
b-3. A state identification card.
b-4. A valid state motor vehicle operator's license, containing a picture.
b-5. A military identification card.
b-6. A valid passport.
b-7. An alien registration card.
b-8. A non-picture identification document issued by a state or the federal government, if the dealer also obtains a clear imprint of the seller's right index finger.
b-9. A senior citizen's identification card containing a photograph.
c. False Identification Prohibited. No person pawning, pledging, exchanging, consigning, leaving for deposit, or selling any property with any licensee shall give a false or fictitious name, present false or altered identification documents, give a false date of birth or give a false address of residence or telephone number to the licensee gathering information for the transaction description record.
9. RECORDKEEPING.
a. Form of Records. Transaction description records shall be kept either as computer files or in a written document approved by the chief of police, or the chief's designee. In addition:
a-1. Written transaction description record documents shall be legible and in ink, and no entry made shall be erased, obliterated or defaced.
a-2. A licensed precious metal and gem dealer may keep transaction description records as sequentially numbered invoices. Blank or voided invoices kept by a precious metal and gem dealer as transaction description records shall be kept in sequence.
a-3. Computerized files, written documents and invoices of transaction description records shall be open to inspection by the chief of police, or the chief's designee, at any reasonable time. Computerized files, written documents and invoices of transaction description records shall be maintained and retained for one year.
b. Contents of Records. Transaction description records shall include all of the following:
b-1. The date and time of the transaction.
b-2. A complete description in English of the item or property pawned, pledged, consigned, exchanged or purchased. The description shall include:
b-2-a. Any trademark or brand name.
b-2-b. Any identification number, serial number, model number, or other identifying number, word or initial engraved or otherwise marked on the item.
b-2-c. A description of any settings.
b-2-d. A description by weight and design of the property.
b-2-e. Other identification marks and inscriptions of a personal nature.
b-3. The amount of money loaned or paid.
b-4. The name, address and date of birth of the person pawning, pledging, exchanging, consigning or selling the item or property.
b-5. The identification number from and a photocopy of the identification obtained as stipulated s. 92-33-8.
b-6. A signed, written declaration of ownership from the person pawning, pledging, exchanging, consigning or selling the item or property, separate and apart from any computerized records maintained and on a form approved by the chief of police, or the chief's designee, stating whether the person owns the item or property, how long the person has owned the item or property, whether the person or another found the item or property, and if found, the details of its finding.
c. Photographs; Video Recordings.
c-1. Each transaction description shall include a color photograph or color video recording of:
c-1-a. Each customer pawning, pledging, consigning, exchanging or selling an item or property.
c-1-b. Every item or property pawned, pledged, consigned, exchanged or sold without a unique serial or identification number permanently engraved or affixed.
c-1-c. Every item or property received by a secondhand dealer, except clothing and clothing accessories, to be placed on sale at a price of $10 or greater and including but not limited to tools, electronic devices and musical instruments, with or without unique serial or identification numbers permanently engraved or affixed thereto.
c-2. Each photograph shall be at least 2 inches square. A photograph or video recording shall be time- and date-stamped and maintained so it can be readily matched and correlated with all other records of the transaction. The photograph or video recording shall be available to the chief of police, or the chief's designee, upon request. The major portion of the photograph or video recording of a person shall include an identifiable facial image. Property photographed or video recorded shall be accurately depicted.
c-3. The licensee shall inform the person that he or she is being photographed or video-recorded by displaying a sign of sufficient size in a conspicuous place on the premises.
c-4. The licensee shall keep the photograph or video recording for 3 months.
d. Signature Required. The person pawning, pledging, consigning, exchanging or selling the item or property shall electronically sign the computerized record, or sign an alternate form approved by the chief of police, or the chief's designee, if computerized records are maintained, or sign the written document transaction descriptions record or the invoice.
e. Bicycle Records. A licensee shall record, as part of the required transaction description record, the serial number of any bicycle, bicycle frame, or part of a bicycle that is received in the course of business to the extent that all or a portion of the serial number remains visible.
f. Website Reporting.
f-1. Procedures.
f-1-a. All transaction description records, except for signed declarations of ownership and patron signatures on transaction description records, shall be reported not later than the close of each business day by posting and uploading all transaction description records to the Internet website approved by the chief of police, or the chief's designee, according to the protocols of the website. All transaction description record postings and uploads shall be complete and accurate.
f-1-b. Each licensee shall display a sign, provided by the police department, of sufficient size and in a conspicuous place on the premises informing patrons that all transactions are reported to the police department daily through website postings.
f-2. Access. The police department may allow access to transaction description records posted or uploaded to its approved Internet website or provide copies of transaction description records and provide copies of declarations of ownership to any other law enforcement agency.
f-3. Entry failures.
f-3-a. Any transaction description record which cannot be posted or uploaded to the police-approved Internet website by the close of the business day due to technical malfunction shall be posted or uploaded by 12 noon the next business day; and failing that, a hardcopy of the transaction description record including photographs or video recordings shall be delivered to the chief of police, or the chief's designee, in a format approved by the chief of police, or the chief's designee, by 12 noon the next business day following the initial post or upload failure. The licensee shall continue to deliver hardcopies of transaction description records to the police chief, or the chief's designee, so long as website record post or upload failures persist.
f-3-b. If website post or upload failures are determined to be due to the licensee's system or Internet connection, a licensee shall be charged a $100 daily penalty beginning on the fourth business day following the initial post or upload failure and continuing until transaction description records are again posted and uploaded to the police-approved Internet website. The police department may delay, reduce or forego daily reporting penalties for posting or uploading failures as the chief of police, or the chief's designee, sees fit without cause.
f-3-c. A licensee shall post or upload to the police-approved Internet website all transaction description records specified in par. a not later than the close of the second business day following correction of the technical malfunction. The licensee shall be charged a $100 daily penalty beginning on the third business day following correction of the technical malfunction and continuing until all transaction description records in arrears are properly posted and uploaded to the police-approved Internet website. The police department may delay, reduce or forego daily reporting penalties for posting or uploading failures as the chief of police, or the chief's designee, sees fit without cause.
g. Other Information. Transaction records shall include any other reasonable information the chief of police may from time to time require.
10. TRANSACTIONS INVOLVING ARTICLES NOT OWNED. a. Prohibition. No person shall pawn, pledge, sell, consign, leave or deposit any article of property with or to a licensee if one or more of the following is true:
a-1. The article of property is not owned by the person.
a-2. The article of property is the property of another, regardless of whether the transaction is occurring with the permission of the owner.
a-3. Another person has a security interest in the article of property.
b. Exception. The provisions of par. a shall not apply to any person pledging, selling, consigning, leaving or depositing any article of property with or to a licensee if the person is any of the following:
b-1. A duly executed power of attorney for the owner of the property.
b-2. A personal representative of the estate to which the property belongs.
b-3. The recipient of a lawful written authorization to pledge, sell, consign, leave or deposit the property issued by the owner of the property prior to the time of the transaction.
