§ 8-447. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Article means anything of value.

Auctioneer means an individual who is registered as an auctioneer under Wis. Stats. ch. 480 and who sells secondhand articles or secondhand jewelry at an auction, as defined in Wis. Stats. § 480.01(1).

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.

Customer means a person with whom a 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.

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 under section 8-480 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:

a.

The return of the article.

b.

The exchange of the article for a different, new article.

(5)

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.

(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 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:

a.

The return of the jewelry.

b.

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 a secondhand jewelry which the person bought from a charitable organization if the secondhand jewelry was a gift to the charitable organization.

(Code 1989, § 10-1-2(a))

State law reference

Similar provision, Wis. Stats. § 134.71(1).