§ 42-239. Pawnbroker and dealer transaction procedures.

(a)

Identification. No pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer without first securing adequate identification from the customer. At the time of the transaction, the pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to present one of the following types of identification:

(1)

A county identification card.

(2)

A state identification card.

(3)

A valid state motor vehicle operator's license.

(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 senior citizen's identification card containing a photograph.

(9)

Any identification document issued by a state or federal government, whether or not containing a picture, if the pawnbroker, secondhand article dealer or secondhand jewelry dealer obtains a clear imprint of the customer's right index finger.

(b)

Transactions with minors.

(1)

Except as provided in subsection (b)(2) of this section, no pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from any minor.

(2)

A pawnbroker, secondhand article dealer or secondhand jewelry dealer may engage in a transaction described under subsection (b)(1) of this section, if the minor is accompanied by his parent or guardian at the time of the transaction or if the minor provides a pawnbroker, secondhand article dealer or secondhand jewelry dealer with the parent's or guardian's written consent to engage in the particular transaction.

(c)

Recordkeeping.

(1)

Except as provided in subsection (b) of this section, each transaction of purchase, receipt or exchange of any secondhand article or secondhand jewelry from a customer, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall require the customer to complete and sign, in ink, the appropriate form. No entry on such a form may be erased, mutilated or changed. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall retain an original and a duplicate of each form for not less than one year after the date of the transaction except as provided in subsection (e) of this section, and during that period shall make the duplicate available to any law enforcement officer for inspection at any reasonable time.

(2)

For every secondhand article purchased, received or exchanged by a secondhand article dealer from a customer off the secondhand article dealer's premises or consigned to the secondhand article dealer for sale on the secondhand article dealer's premises, the secondhand article dealer shall keep a written inventory. In this inventory, the secondhand article dealer shall record the name and place of the transaction and a detailed description of the article which is the subject of the transaction. The customer shall sign his name on a declaration of ownership of the secondhand article identified in the inventory and shall state that he owns the secondhand article. The secondhand article dealer shall retain an original and a duplicate of each entry and declaration of ownership relating to the purchase, receipt or exchange of any secondhand article for not less than one year after the date of the transaction except as provided in subsection (e) of this section, and shall make duplicates of the inventory and declarations of ownership available to any law enforcement officer for inspection at any reasonable time.

(d)

Minimum article retention period.

(1)

Except as provided in subsection (d)(5) of this section, any secondhand article purchased or received by a pawnbroker shall be kept on the pawnbroker's premises or other place for safekeeping for not less than 30 days after the date of purchase or receipt, unless the person known by the pawnbroker to be the lawful owner of the secondhand article or secondhand jewelry recovers it.

(2)

Except as provided in subsection (d)(5) of this section, any secondhand article purchased or received by a secondhand article dealer shall be kept on the secondhand article dealer's premises or other place for safekeeping for not less than ten days after the date of purchase or receipt.

(3)

Except as provided in subsection (d)(5) of this section, any secondhand jewelry purchased or received by a secondhand jewelry dealer shall be kept on the secondhand jewelry dealer's premises or other place for safekeeping for not less than 15 days after the date of purchase or receipt.

(4)

During the period set forth in subsections (d)(1)—(3) of this section, the secondhand article or secondhand jewelry shall be held separate and apart and may not be altered in any manner. The pawnbroker, secondhand article dealer or secondhand jewelry dealer shall permit any law enforcement officer to inspect the secondhand article or secondhand jewelry during this period. Within 24 hours after a written request of a law enforcement officer during this period, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall make available for inspection any secondhand article or secondhand jewelry which is kept off the premises for safekeeping. Any law enforcement officer who has reason to believe any secondhand article or secondhand jewelry was not sold or exchanged by the lawful owner may direct a pawnbroker, secondhand article dealer or secondhand jewelry dealer to hold that secondhand article or secondhand jewelry for a reasonable length of time which the law enforcement officer considers necessary to identify it.

(5)

Subsections (d)(1)—(4) of this section do not apply to any of the following:

a.

A coin of the United States, any gold or silver coin or gold or silver bullion.

b.

A secondhand article or secondhand jewelry consigned to a pawnbroker, secondhand article dealer or secondhand jewelry dealer.

(e)

Reports to police. Within 48 hours after purchasing or receiving a secondhand article or secondhand jewelry, a pawnbroker, secondhand article dealer or secondhand jewelry dealer shall forward to the city police department, on a form prescribed by the state department of justice, a copy of the original form completed under subsection (c)(1) of this section, or the inventory under subsection (c)(2) of this section, whichever is appropriate. Notwithstanding Wis. Stats. § 19.35, a law enforcement agency receiving the original form or inventory or a declaration of ownership may disclose it only to another law enforcement agency. The police department shall make the form DJ-2 available to such dealers.

(f)

Return or exchange. Nothing in this section applies to the return or exchange, from a customer to a secondhand article dealer or secondhand jewelry dealer, of any secondhand article or secondhand jewelry purchased from the secondhand article dealer or secondhand jewelry dealer.

(Code 1994, § 7-9-8)