Secondhand Motor Vehicle Dealers

Milwaukee Code of Ordinances ch. 92, subch. 3

in effect

Milwaukee Code of Ordinances § 92-41 Definitions.

92-41. Definitions. In this section: 1. BUSINESS means engaging in activities for the purpose of earning a livelihood or a profit therefrom on a full- or part-time basis. 2. MOTOR VEHICLE has the meaning given in s. 340.01(35), Wis. Stats., as amended. 3. PREMISES means any portion of a platted or unplatted lot, parcel or plot of land either occupied or unoccupied by any building or structure, equipment or property of any kind. 4. PREMISES DESCRIPTION means the discrete area of the premises used by the business as listed in the application. 5. RETAIL means the business of buying, selling, exchanging or dealing motor vehicles, including, but not exclusively, secondhand parts of motor vehicles, to the general public. 6. SECONDHAND means previously owned, sold, traded or used by a member of the general public on a retail basis. 7. WHOLESALE means the business of buying and selling, exchanging or dealing motor vehicles, including, but not exclusively, secondhand parts of motor vehicles, to a licensed retailer or to another person who holds a permit or license or to the end user, but not operating a lot licensed for that purpose.

Milwaukee Code of Ordinances § 92-43 License Required; Exceptions.

92-43. License Required; Exceptions. 1. LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to engage in the business of buying, selling, exchanging or dealing in secondhand motor vehicles, including secondhand parts of motor vehicles, either retail or wholesale, without first having obtained a secondhand motor vehicle dealer’s license. 2. EXCEPTIONS. a. The operator of a premises used for retail sales for a period of 30 days or less shall not be required to obtain a license under this subchapter, but shall comply with the regulations established under s. 84-53. b. Any business buying, selling, exchanging or dealing exclusively in secondhand parts of motor vehicles shall not be required to obtain a license under this subchapter, but shall obtain a recycling, salvaging or towing license as provided under ch. 93.

Milwaukee Code of Ordinances § 92-45 Application.

92-45. Application. 1. CONTENT. Application for a secondhand motor vehicle dealer’s license shall be made to the city clerk on forms provided by the city clerk for such purpose and shall contain the information specified in s. 85-12. In addition, an application shall contain: a. Whether the application is for wholesale or retail business operations. b. Whether the applicant has ever had a license or permit relating to the activities licensed in this subchapter denied, not renewed, suspended or revoked, with a brief statement of the circumstances associated with the event, and the jurisdiction in which the event occurred. This information shall also include a record of any actions from the state departments of transportation and financial institutions relating to suspensions, revocations, forfeitures and warnings imposed by these departments relating to the operation of any automotive sales business by the applicant. c. A completed plan of operation on a form provided by the city clerk. The plan of operation shall include: c-1. The planned hours of operation of the premises. c-2. What plans, if any, the applicant has to ensure that all motor vehicles associated with the business will be stored on the licensed premises, that all maintenance and repair work related to these vehicles will be confined to the licensed premises, and that the business will not violate any code provisions relating to littering of the public right-of-way. d. A detailed floor plan on a 8-1/2 inch x 11 inch sized sheet of paper for each floor of every building on the premises, as well as a floor plan overview of the entire premises. The floor plan shall include: d-1. Area in square feet and dimensions of the premises. d-2. Locations of all entrances and exits to the premises, and locations of all entrances and exits to any individual building within the premises. d-3. Locations and dimensions of all areas used for storing and displaying motor vehicles for sale. d-4. Locations and dimensions of any off-street parking and loading areas for patrons and employees. d-5. North point and date. d-6. In the event that more than one recycling, salvaging or towing or secondhand motor vehicle dealer business occupies the premises, the applicant premises description in relation to those other businesses on the premises. d-7. Any other reasonable and pertinent information the common council may from time to time require. 2. FINGERPRINTING. Every applicant for a secondhand motor vehicle dealer’s license shall be exempt from the fingerprinting requirement provided in s. 85-21-1. 3. FEE. Each license application shall be accompanied by the fee specified in s. 81-104.6.

Milwaukee Code of Ordinances § 92-47 Investigation; Issuance.

92-47. Investigation; Issuance. 1. INVESTIGATION. Every license application shall be referred to the chief of police and the commissioner of neighborhood services, each of whom shall cause an investigation to be made and report their findings to the licensing committee in accordance with s. 85-21-2. 2. HEARING. Each application for a new license shall be referred to the licensing committee for a hearing in accordance with s. 85-2.7.

Milwaukee Code of Ordinances § 92-49 Transfers and Changes.

92-49. Transfers and Changes. See s. 85-19 and ss. 85-35 to 85-39 for provisions relating to the transfer of licenses and changes to applications.

Milwaukee Code of Ordinances § 92-51 Renewal, Non-renewal, Suspension or Revocation.

92-51. Renewal, Non-renewal, Suspension or Revocation. 1. RENEWAL. a. Application for the renewal of a secondhand motor vehicle dealer’s license shall be made to the city clerk. The clerk shall refer the application to the chief of police and the commissioner of neighborhood services for review. b. If the chief of police and the commissioner of neighborhood services indicate that the applicant still meets the licensing qualifications, the application shall be referred to the common council for approval unless a written objection has been filed with the city clerk at least 45 days prior to the date on which the license expires. Any interested person may file an objection. A written objection shall meet the definition in s. 85-2-4 and shall comply with the requirements of s. 85-3-3. c. If an objection is filed, or if a determination is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee for a hearing on whether the application should be recommended to the common council for renewal or non-renewal. 2. NON-RENEWAL, REVOCATION OR SUSPENSION. a. Any license issued under this subchapter may be not renewed, suspended or revoked for cause by the common council after notice to the licensee and a hearing. If there is a possibility that the licensing committee will not recommend renewal of the license, or if suspension or revocation proceedings are initiated, the procedures for notice and committee hearing and for the committee report, recommendations and common council consideration provided in ss. 85-3 to 85-5 shall apply. b. Suspension or revocation proceedings may be initiated by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police or upon a sworn written complaint filed with the city clerk by any interested party. 3. DISQUALIFICATION. Whenever any application is denied, or a license is revoked, surrendered or not renewed, the procedures provided in ss. 85-13, 85-15 and 85-17 shall apply. 4. TRUTH OF STATEMENTS AND AFFIDAVITS. See s. 85-34 for matters relating to truth of statements and affidavits.

Milwaukee Code of Ordinances § 92-53 Regulations.

92-53. Regulations. 1. RECORDS TO BE KEPT ON TRADE-INS. Any person, firm or corporation licensed under this section shall, whenever a secondhand motor vehicle is taken in trade as part of a transaction, maintain records of the transaction in accordance with ch. Trans 138, Wis. Adm. Code, as amended. 2. RECORDS TO BE KEPT ON SALES. Any person, firm or corporation licensed under this section to buy, sell or exchange or trade in secondhand motor vehicles shall furnish, upon the sale of a secondhand motor vehicle, the information required under ch. Trans 139, Wis. Adm. Code, as amended. 3. ELIGIBILITY FOR SALE CERTIFICATES. No secondhand motor vehicle dealer licensed under this chapter may apply for a certificate issued pursuant to s. 101-29 to leave a vehicle that is for sale on public property. 4. NO SALE ON SUNDAYS. It shall be unlawful for any license holder to sell, barter, exchange, demonstrate or loan any motor vehicle, whether new or secondhand, on Sunday. 5. KEY SECURITY. All keys to a used motor vehicle offered for sale at a business licensed under this section shall be placed in a secure lockbox inside the dealership building at all times when the dealership is not open for business. 6. TRANSACTIONS INVOLVING ARTICLES NOT OWNED. a. No person shall pawn, pledge, sell, consign, leave or deposit any article of property with or to a licensed secondhand motor vehicle dealer 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. 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 licensed secondhand motor vehicle dealer 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.

Milwaukee Code of Ordinances § 92-55 Penalty.

92-55. Penalty. 1. Any person violating this subchapter shall, upon conviction for a first offense, forfeit not less than $50 nor more than $1,000, together with the costs of prosecution and, in default of payment, may be imprisoned as provided by law. 2. Any person violating this subchapter shall, upon conviction for a second or subsequent offense, forfeit not less than $500 nor more than $2,000, together with the costs of prosecution, and, in default of payment, may be imprisoned as provided by law. Municipal Research Library.

Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH92.pdf#page=1Fetched: 10/26/2026