§ 8-542. 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 any item of value.

Billable transaction means every reportable transaction except renewals, redemptions, voids or extensions of existing pawns or purchases previously reported and continuously in the pawnbroker's possession.

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 pawnbroker or an agent thereof, engages in a transaction of purchase, sale, receipt or exchange of any secondhand article.

Pawnbroker means any person who engages in the business of lending money on the deposit or pledge of any article or purchasing any article with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price. To the extent that a pawnbroker's business includes buying personal property previously used, rented or leased or selling such property on consignment, the provisions of this article shall be applicable, pursuant to Wis. Stats. § 134.71. A person is not acting as a pawnbroker 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 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 that 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 that the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.

Reportable transaction means every transaction conducted by a pawnbroker in which articles are received through a pawn, purchase, consignment or trade or in which a pawn is renewed, extended, voided or redeemed or for which a unique transaction number or identifier is generated by the pawnbroker's point-of-sale software, and is reportable except:

(1)

The bulk purchase or consignment of new or used articles from a merchant, manufacturer or wholesaler having an established permanent place of business and the retail sale of said articles; provided the pawnbroker must maintain a record of such purchase or consignment that describes each item, and must mark each item in a manner that relates it to that transaction record.

(2)

Retail and wholesale sales of articles originally received by pawn or purchase and for which all applicable hold and/or redemption periods have expired.

Secondhand means owned by any person, except a wholesaler, retailer or licensed secondhand article dealer, immediately before the transaction at hand.