13-32a-102.5. Administration and enforcement. (1) The division shall administer and enforce this chapter in accordance with the authority under Title 13, Chapter 2, Division of Consumer Protection. (2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of its responsibilities under this chapter. (3) […]
Effective 5/14/2019 13-32a-103.1. Transaction or gift cards. (1) A retail business engaging in a transaction involving a transaction card or gift card issued by that retail business and that bears the branding of that retail business is not subject to this chapter. (2) A pawn or secondhand business may not purchase or pawn a gift […]
Effective 5/14/2019 13-32a-103.5. Specie legal tender exempt from chapter. Specie legal tender as defined in Section 59-1-1501.1 that is used as legal tender is exempt from this chapter. Amended by Chapter 309, 2019 General Session
Effective 5/4/2022 13-32a-104. Tickets required to be maintained — Contents — Identification of items — Exceptions — Prohibition against pawning or selling certain property. (1) A pawn or secondhand business shall keep a ticket for property a person pawns or sells to the pawn or secondhand business. A pawn or secondhand business shall document on […]
Effective 5/5/2021 13-32a-104.5. Database information from coin dealers — New and prior customers. (1) A coin dealer shall maintain a ticket under this section for each secondhand merchandise transaction of a numismatic item or precious metal with an individual with whom the coin dealer has not previously conducted a secondhand merchandise transaction. (2) For a […]
Effective 5/5/2021 13-32a-104.6. Database information from automated recycling kiosk operators. (1) An automated recycling kiosk operator shall generate a ticket under this section for each secondhand merchandise transaction in which the automated recycling kiosk operator engages. An automated recycling kiosk operator shall document on the ticket the following information: (a) the date and time of […]
Effective 5/4/2022 13-32a-104.7. Database information from catalytic converter purchasers — Penalties. (1) As soon as practicable, but no later than January 1, 2023, a catalytic converter purchaser shall document information for each catalytic converter purchase as required under this section and upload the information to the central database under Section 13-32a-106. (2) A catalytic converter […]
Effective 5/4/2022 13-32a-105. Central database — Implementation — Notification. (1) In accordance with this section, there is created a central database as a statewide repository for: (a) information that a pawn or secondhand business or a catalytic converter purchaser is required to submit in accordance with this chapter; and (b) the use of a participating […]
Effective 5/4/2022 13-32a-106. Transaction information provided to the central database — Protected information. (1) (a) Except as provided in Subsection 13-32a-104.6(4), a pawn or secondhand business or catalytic converter purchaser shall transmit electronically in a compatible format information required to be recorded under Sections 13-32a-104, 13-32a-104.5, 13-32a-104.6, and 13-32a-104.7 that is capable of being transmitted […]
Effective 5/4/2022 13-32a-106.5. Confidentiality of pawn and purchase transactions. (1) A ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 delivered to a local law enforcement agency or transmitted to the central database under Section 13-32a-106 is a protected record under Section 63G-2-305. (2) In addition to use by […]
Effective 5/4/2022 13-32a-108. Retention of records — Reasonable inspection. (1) A pawn or secondhand business or local law enforcement agency, whichever has custody of a ticket or copy of a ticket, shall retain the ticket or copy for no less than three years after the date of the transaction. (2) (a) A law enforcement agency […]
Effective 5/4/2022 13-32a-109. Holding period for property — Return of property — Penalty. (1) (a) A pawnbroker may sell property pawned to the pawnbroker if: (i) 15 calendar days have passed after the day on which the pawnbroker submits the information and any required photograph to the central database; (ii) the contract period between the […]
Effective 5/4/2022 13-32a-109.5. Seizure of property — Notification to pawn or secondhand business or catalytic converter purchaser. If a law enforcement agency determines seizure of property pawned or sold to a pawn or secondhand business or catalytic converter purchaser is necessary under this chapter during the course of a criminal investigation, in addition to the […]
Effective 5/4/2022 13-32a-110. Administrative or civil penalties — Criminal prosecution. (1) A violation of any of the following sections is subject to an administrative or civil penalty of not more than $500: (a) Section 13-32a-104, tickets required to be maintained; (b) Section 13-32a-104.5, database information from coin dealers; (c) Section 13-32a-104.6, database information from automated […]
Effective 5/4/2022 13-32a-110.5. Transactions with certain individuals prohibited. A pawn or secondhand business or catalytic converter purchaser may not engage in a pawn transaction or secondhand merchandise transaction or catalytic converter purchase with an individual who: (1) is younger than 18 years old; or (2) appears to be under the influence of alcohol or a […]
Effective 5/4/2022 13-32a-111. Fees to fund account. (1) (a) A pawn or secondhand business or catalytic converter purchaser in operation shall pay an annual fee of no more than $500, set in accordance with Section 63J-1-504. (b) A law enforcement agency within Utah that participates in the use of the central database shall pay an […]
Affected by 63I-1-213 on 7/1/2027 Effective 5/4/2022 13-32a-112. Pawnshop, Secondhand Merchandise, and Catalytic Converter Advisory Board. (1) There is created within the division the “Pawnshop, Secondhand Merchandise, and Catalytic Converter Advisory Board.” (2) The board consists of seven voting members appointed by the executive director of the Department of Commerce: (a) one law enforcement officer […]
Effective 5/4/2022 13-32a-112.1. Annual training. (1) (a) The division shall provide training sessions, whether online or in-person, at least once each year regarding compliance with this chapter and other applicable state laws. (b) A pawn or secondhand business or catalytic converter purchaser shall ensure that each individual employed by the pawn or secondhand business or […]
Effective 5/4/2022 13-32a-112.5. Temporary businesses subject to chapter. A pawn or secondhand business or catalytic converter purchaser that operates on a temporary basis or from a location that is not a permanent retail location: (1) shall comply with this chapter; and (2) is subject to enforcement of this chapter. Amended by Chapter 201, 2022 General […]
Effective 5/4/2022 13-32a-113. Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account. (1) There is created within the General Fund a restricted account known as the “Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account.” (2) (a) The account shall be funded from fees and administrative and civil fines imposed and collected under Sections 13-32a-106, […]
