Fiscal Note
License fees should yield an estimated $1,000 to $2,000 in additional General Fund revenues annually.
Title
AMENDED SECOND SUBSTITUTE - Amending Section 9.24(2), creating Section 9.24(3)(b)5., amending Section 9.24(6)(a), creating new Section 9.24(6)(b)3. and renumbering current Section 9.24(6)(b)3. to 9.24(6)(b)4., amending Section 9.24(6)(c), creating Section 9.24(6)(d)5.d. and amending Section 9.24(8) of the Madison General Ordinances to establish regulations for the sale of secondhand textbooks.
Body
The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (2) entitled "Definitions" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is amended by amending or creating therein the following:
Secondhand textbook dealer means any person who engages in the business of any transaction consisting of purchasing, selling, receiving or exchanging secondhand textbooks if the person's total receipts for the sale of secondhand textbooks accounts for at least twenty-five percent (25%) of its gross receipts in the most recent calendar year.
Textbook means a book used in technical schools, colleges and universities as a manual of instruction or a standard book used for the study of a subject.
Secondhand dealer means a secondhand article dealer, a secondhand jewelry dealer, a secondhand textbook dealer, or a pawnbroker."
2. Paragraph 5 of Subdivision (b) of Subsection (3) entitled "Application and Fees" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is created to read as follows:
"5. The fee for a secondhand textbook dealer's license is sixty-two dollars and fifty cents ($62.50) per year."
3. Subdivision (a) entitled "Identification" of Subsection (6) entitled "Restrictions and Requirements" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is amended to read as follows:
"(a) Identification. No secondhand article dealer, secondhand jewelry dealer, secondhand textbook dealer, or pawnbroker may engage in a transaction of purchase, receipt or exchange of any secondhand article, secondhand textbook, or secondhand jewelry from a customer without first securing adequate identification from the customer. Adequate identification shall include a detailed identification of the customer by obtaining a physical description of the person and shall also include the subject's driver license number, Social Security number or Wisconsin Identification number. At the time of the transaction, the 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 Wisconsin 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 dealer, or secondhand jewelry dealer, or secondhand textbook dealer obtains a clear imprint of the customer's right index finger.
10. A University of Wisconsin-Madison, Edgewood College, or Madison Area Technical College Any valid college, university, or technical school identification card."
4. New Paragraph 3. entitled "Textbooks" of Subdivision (b) entitled "Records" of Subsection (6) entitled "Restrictions and Requirements" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is created to read as follows:
"3. Textbooks. The provisions of paragraph 1 shall apply to each transaction for the purchase, receipt or exchange of one or more textbooks by a secondhand textbook dealer. For each such transaction, a secondhand textbook dealer shall require the customer to complete and sign, in ink, a form approved by the Madison Police Department. The form shall require, among other things, that each individual textbook be listed by title and author, by international standard book number (ISBN) or by and any other information adequate to identify each textbook included in the transaction. Should the secondhand textbook dealer include the necessary information on a receipt of the transaction, a copy of the receipt attached to the form shall satisfy this ordinance. Secondhand textbook dealers need not forward a completed copy of the form to the Madison Police Department as provided in Paragraph 1., but shall maintain the records for a six (6) month time period. and shall make the records available upon demand of the police."
5. Current Paragraph 3. entitled "Off Premises" of Subdivision (b) entitled "Records" of Subsection (6) entitled "Restrictions and Requirements" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is renumbered to Paragraph 4.
6. Subdivision (c) entitled "Transactions with Minors" of Subsection (6) entitled "Restrictions and Requirements" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is amended to read as follows:
"(c) Transactions with Minors. No purchase, receipt or exchange of any secondhand article, secondhand textbook, or jewelry shall be made from any person under the age of eighteen (18) seventeen (17) years, except that a secondhand article dealer may engage in a transaction involving the purchase, receipt or exchange of computer toys and games and audio tapes, compact discs, laser discs, records, video tapes or other similar audio or audio-visual recording device, from a minor if the minor is accompanied by her/his parent or guardian at the time of the transaction."
7. Subparagraph d. of Paragraph 5. of Subdivision (d) entitled "Holding Period" of Subsection (6) entitled "Restrictions and Requirements" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is created to read as follows:
"d. A textbook."
8. Subsection (8) entitled "Procedure for Revocation, Suspension or Nonrenewal" of Section 9.24 entitled "Licensing of Secondhand Dealers" of the Madison General Ordinances is amended to read as follows:
"(8) Procedure for Revocation, Suspension or Nonrenewal. In addition to any other penalty provided by these ordinances, any secondhand article dealer license, secondhand jewelry dealer license, secondhand textbook dealer license, pawnbroker license or secondhand article mall or flea-market license may be revoked, suspended or ordered not to be renewed for a stated period of time by the Public Safety Review Board, after notice and hearing in accordance with the procedures in Sec. 9.49(6)(b), for any violation of Sec. 9.24; for any violations of any other Madison General Ordinances or state statutes where the circumstances of the offense are substantially related to the circumstances of being a secondhand dealer; for fraud, misrepresentation or false statement contained in the application for a license; or for any violation of Sec. 943.34, 948.62 or 948.63, Wis. Stats.
The decision of the Public Safety Review Board shall be a final determination and shall be subject to review in court as may be provided by law. Any person aggrieved by the decision may seek review thereof within thirty (30) days after the date of the final determination by said board."
9. This ordinance is effective July 1, 2007.