Number
100136
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. BOHL AND WITKOWSKI
Title
A substitute ordinance relating to zoning regulations for businesses that buy used jewelry or gold.
Sections
295-201-525 am
295-203-5-k am
Analysis
This ordinance adds an establishment primarily engaged in buying used jewelry or gold -- a use not specifically enumerated in the zoning code -- to the zoning code definition of “secondhand store” (a use which is specifically enumerated in the zoning code). A retail jewelry store would, however, remain a general retail establishment, rather than a secondhand store.
The inclusion of an establishment that buys used jewelry or gold in the definition of secondhand store codifies an administrative determination by the department of city development that such an establishment is most similar to a secondhand store.
Body
Whereas, An establishment primarily engaged in the business of buying used jewelry or gold (commonly known as a “cash-for-gold” business) is required under the Wisconsin statutes to obtain a secondhand jewelry dealer license from the state of Wisconsin; and
Whereas, Based on this licensing requirement and the similarity of the term “secondhand jewelry dealer” to “secondhand store,” the department of city development has used its authority under s. 295-113 of the Milwaukee code of ordinances to determine that, for zoning purposes, a cash-for-gold business is essentially a secondhand store; and
Whereas, It is also appropriate to classify a cash-for-gold business as a secondhand store because the current definition of the term “secondhand store” includes businesses (namely, secondhand stores and pawn shops) that buy or sell used merchandise and are required to be licensed for that buying or selling activity; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 295-201-525 of the code is amended to read:
295-201. Definitions.
525. SECONDHAND STORE means an establishment in which used merchandise is sold at retail. This term includes a pawn shop >>or an establishment primarily engaged in buying used jewelry or gold,<< but does not include an antique or collectibles store >>, jewelry store<< or other general retail establishment.
Part 2. Section 295-203-5-k of the code is amended to read:
295-203. Use Definitions.
5. COMMERCIAL AND OFFICE USES.
k. “Secondhand store” means an establishment in which used merchandise is sold at retail. This term includes a pawn shop >>or an establishment primarily engaged in buying used jewelry or gold,<< but does not include an antique or collectibles store >>, jewelry store<< or other general retail establishment.
LRB
APPROVED AS TO FORM
__________________________
Legislative Reference Bureau
Date:______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
__________________________
Office of the City Attorney
Date:______________________
Requestor
Drafter
LRB10211-2
JDO
06/28/2010