State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-32a > 13-32a-102

13-32a-102. Definitions.
As used in this chapter:
(1) "Account" means the Pawnbroker and Secondhand Merchandise OperationsRestricted Account created in Section 13-32a-113.
(2) "Antique item" means an item:
(a) that is generally older than 25 years;
(b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
(c) that is furniture or other decorative objects produced in a previous time period, asdistinguished from new items of a similar nature; and
(d) obtained from auctions, estate sales, other antique shops, and individuals.
(3) "Antique shop" means a business operating at an established location and that offersfor sale antique items.
(4) "Board" means the Pawnshop and Secondhand Merchandise Advisory Board createdby this chapter.
(5) "Central database" or "database" means the electronic database created and operatedunder Section 13-32a-105.
(6) "Coin" means a piece of currency, usually metallic and usually in the shape of a discthat is:
(a) stamped metal, and issued by a government as monetary currency; or
(b) (i) worth more than its current value as currency; and
(ii) worth more than its metal content value.
(7) "Coin dealer" means a person or business whose sole business activity is the sellingand purchasing of coins and precious metals.
(8) "Commercial grade precious metals" or "precious metals" means ingots, monetizedbullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner orfabricator indicating their fineness and include:
(a) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals;or
(b) .925 fine sterling silver ingots, art bars, and medallions.
(9) "Division" means the Division of Consumer Protection in Title 13, Chapter 1,Department of Commerce.
(10) "Identification" means a form of positive identification issued by a governmentalentity and that:
(a) contains a numerical identifier and a photograph of the person identified; and
(b) may include a state identification card, a state drivers license, a United States militaryidentification card, or a United States passport.
(11) "Local law enforcement agency" means the law enforcement agency that has directresponsibility for ensuring compliance with central database reporting requirements for thejurisdiction where the pawnshop or secondhand business is located.
(12) "Misappropriated" means stolen, embezzled, converted, obtained by theft, orotherwise appropriated without authority of the lawful owner.
(13) "Original victim" means a victim who is not a party to the pawn or sale transaction.
(14) "Pawnbroker" means a person whose business engages in the following activities:
(a) loans money on one or more deposits of personal property;
(b) deals in the purchase, exchange, or possession of personal property on condition of

selling the same property back again to the pledgor or depositor;
(c) loans or advances money on personal property by taking chattel mortgage security onthe property and takes or receives the personal property into his possession, and who sells theunredeemed pledges;
(d) deals in the purchase, exchange, or sale of used or secondhand merchandise orpersonal property; or
(e) engages in a licensed business enterprise as a pawnshop.
(15) "Pawn and secondhand business" means any business operated by a pawnbroker orsecondhand merchandise dealer, or the owner or operator of the business.
(16) "Pawn ticket" means a document upon which information regarding a pawntransaction is entered when the pawn transaction is made.
(17) "Pawn transaction" means an extension of credit in which an individual deliversproperty to a pawnbroker for an advance of money and retains the right to redeem the propertyfor the redemption price within a fixed period of time.
(18) "Pawnshop" means the physical location or premises where a pawnbroker conductsbusiness.
(19) "Pledgor" means a person who conducts a pawn transaction with a pawnshop.
(20) "Property" means any tangible personal property.
(21) "Register" means the record of information required under this chapter to bemaintained by pawn and secondhand businesses. The register is an electronic record that is in aformat that is compatible with the central database.
(22) "Scrap jewelry" means any item purchased solely:
(a) for its gold, silver, or platinum content; and
(b) for the purpose of reuse of the metal content.
(23) (a) "Secondhand merchandise dealer" means an owner or operator of a business that:
(i) deals in the purchase, exchange, or sale of used or secondhand merchandise orpersonal property; and
(ii) does not function as a pawnbroker.
(b) "Secondhand merchandise dealer" does not include:
(i) the owner or operator of an antique shop;
(ii) any class of businesses exempt by administrative rule under Section 13-32a-112.5;
(iii) any person or entity who operates auction houses, flea markets, or vehicle, vessel,and outboard motor dealers as defined in Section 41-1a-102;
(iv) the sale of secondhand goods at events commonly known as "garage sales," "yardsales," or "estate sales";
(v) the sale or receipt of secondhand books, magazines, or post cards;
(vi) the sale or receipt of used merchandise donated to recognized nonprofit, religious, orcharitable organizations or any school-sponsored association, and for which no compensation ispaid;
(vii) the sale or receipt of secondhand clothing and shoes;
(viii) any person offering his own personal property for sale, purchase, consignment, ortrade via the Internet;
(ix) any person or entity offering the personal property of others for sale, purchase,consignment, or trade via the Internet, when that person or entity does not have, and is notrequired to have, a local business or occupational license or other authorization for this activity;

(x) any owner or operator of a retail business that receives used merchandise as a trade-infor similar new merchandise;
(xi) an owner or operator of a business that contracts with other persons or entities tooffer those persons' secondhand goods for sale, purchase, consignment, or trade via the Internet;
(xii) any dealer as defined in Section 76-10-901, which concerns scrap metal andsecondary metals; or
(xiii) the purchase of items in bulk that are:
(A) sold at wholesale in bulk packaging;
(B) sold by a person licensed to conduct business in Utah; and
(C) regularly sold in bulk quantities as a recognized form of sale.

Amended by Chapter 272, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-32a > 13-32a-102

13-32a-102. Definitions.
As used in this chapter:
(1) "Account" means the Pawnbroker and Secondhand Merchandise OperationsRestricted Account created in Section 13-32a-113.
(2) "Antique item" means an item:
(a) that is generally older than 25 years;
(b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
(c) that is furniture or other decorative objects produced in a previous time period, asdistinguished from new items of a similar nature; and
(d) obtained from auctions, estate sales, other antique shops, and individuals.
(3) "Antique shop" means a business operating at an established location and that offersfor sale antique items.
(4) "Board" means the Pawnshop and Secondhand Merchandise Advisory Board createdby this chapter.
(5) "Central database" or "database" means the electronic database created and operatedunder Section 13-32a-105.
(6) "Coin" means a piece of currency, usually metallic and usually in the shape of a discthat is:
(a) stamped metal, and issued by a government as monetary currency; or
(b) (i) worth more than its current value as currency; and
(ii) worth more than its metal content value.
(7) "Coin dealer" means a person or business whose sole business activity is the sellingand purchasing of coins and precious metals.
(8) "Commercial grade precious metals" or "precious metals" means ingots, monetizedbullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner orfabricator indicating their fineness and include:
(a) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals;or
(b) .925 fine sterling silver ingots, art bars, and medallions.
(9) "Division" means the Division of Consumer Protection in Title 13, Chapter 1,Department of Commerce.
(10) "Identification" means a form of positive identification issued by a governmentalentity and that:
(a) contains a numerical identifier and a photograph of the person identified; and
(b) may include a state identification card, a state drivers license, a United States militaryidentification card, or a United States passport.
(11) "Local law enforcement agency" means the law enforcement agency that has directresponsibility for ensuring compliance with central database reporting requirements for thejurisdiction where the pawnshop or secondhand business is located.
(12) "Misappropriated" means stolen, embezzled, converted, obtained by theft, orotherwise appropriated without authority of the lawful owner.
(13) "Original victim" means a victim who is not a party to the pawn or sale transaction.
(14) "Pawnbroker" means a person whose business engages in the following activities:
(a) loans money on one or more deposits of personal property;
(b) deals in the purchase, exchange, or possession of personal property on condition of

selling the same property back again to the pledgor or depositor;
(c) loans or advances money on personal property by taking chattel mortgage security onthe property and takes or receives the personal property into his possession, and who sells theunredeemed pledges;
(d) deals in the purchase, exchange, or sale of used or secondhand merchandise orpersonal property; or
(e) engages in a licensed business enterprise as a pawnshop.
(15) "Pawn and secondhand business" means any business operated by a pawnbroker orsecondhand merchandise dealer, or the owner or operator of the business.
(16) "Pawn ticket" means a document upon which information regarding a pawntransaction is entered when the pawn transaction is made.
(17) "Pawn transaction" means an extension of credit in which an individual deliversproperty to a pawnbroker for an advance of money and retains the right to redeem the propertyfor the redemption price within a fixed period of time.
(18) "Pawnshop" means the physical location or premises where a pawnbroker conductsbusiness.
(19) "Pledgor" means a person who conducts a pawn transaction with a pawnshop.
(20) "Property" means any tangible personal property.
(21) "Register" means the record of information required under this chapter to bemaintained by pawn and secondhand businesses. The register is an electronic record that is in aformat that is compatible with the central database.
(22) "Scrap jewelry" means any item purchased solely:
(a) for its gold, silver, or platinum content; and
(b) for the purpose of reuse of the metal content.
(23) (a) "Secondhand merchandise dealer" means an owner or operator of a business that:
(i) deals in the purchase, exchange, or sale of used or secondhand merchandise orpersonal property; and
(ii) does not function as a pawnbroker.
(b) "Secondhand merchandise dealer" does not include:
(i) the owner or operator of an antique shop;
(ii) any class of businesses exempt by administrative rule under Section 13-32a-112.5;
(iii) any person or entity who operates auction houses, flea markets, or vehicle, vessel,and outboard motor dealers as defined in Section 41-1a-102;
(iv) the sale of secondhand goods at events commonly known as "garage sales," "yardsales," or "estate sales";
(v) the sale or receipt of secondhand books, magazines, or post cards;
(vi) the sale or receipt of used merchandise donated to recognized nonprofit, religious, orcharitable organizations or any school-sponsored association, and for which no compensation ispaid;
(vii) the sale or receipt of secondhand clothing and shoes;
(viii) any person offering his own personal property for sale, purchase, consignment, ortrade via the Internet;
(ix) any person or entity offering the personal property of others for sale, purchase,consignment, or trade via the Internet, when that person or entity does not have, and is notrequired to have, a local business or occupational license or other authorization for this activity;

(x) any owner or operator of a retail business that receives used merchandise as a trade-infor similar new merchandise;
(xi) an owner or operator of a business that contracts with other persons or entities tooffer those persons' secondhand goods for sale, purchase, consignment, or trade via the Internet;
(xii) any dealer as defined in Section 76-10-901, which concerns scrap metal andsecondary metals; or
(xiii) the purchase of items in bulk that are:
(A) sold at wholesale in bulk packaging;
(B) sold by a person licensed to conduct business in Utah; and
(C) regularly sold in bulk quantities as a recognized form of sale.

Amended by Chapter 272, 2009 General Session


State Codes and Statutes


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State Codes and Statutes

Statutes > Utah > Title-13 > Chapter-32a > 13-32a-102

13-32a-102. Definitions.
As used in this chapter:
(1) "Account" means the Pawnbroker and Secondhand Merchandise OperationsRestricted Account created in Section 13-32a-113.
(2) "Antique item" means an item:
(a) that is generally older than 25 years;
(b) whose value is based on age, rarity, condition, craftsmanship, or collectability;
(c) that is furniture or other decorative objects produced in a previous time period, asdistinguished from new items of a similar nature; and
(d) obtained from auctions, estate sales, other antique shops, and individuals.
(3) "Antique shop" means a business operating at an established location and that offersfor sale antique items.
(4) "Board" means the Pawnshop and Secondhand Merchandise Advisory Board createdby this chapter.
(5) "Central database" or "database" means the electronic database created and operatedunder Section 13-32a-105.
(6) "Coin" means a piece of currency, usually metallic and usually in the shape of a discthat is:
(a) stamped metal, and issued by a government as monetary currency; or
(b) (i) worth more than its current value as currency; and
(ii) worth more than its metal content value.
(7) "Coin dealer" means a person or business whose sole business activity is the sellingand purchasing of coins and precious metals.
(8) "Commercial grade precious metals" or "precious metals" means ingots, monetizedbullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner orfabricator indicating their fineness and include:
(a) .99 fine or finer ingots of gold, silver, platinum, palladium, or other precious metals;or
(b) .925 fine sterling silver ingots, art bars, and medallions.
(9) "Division" means the Division of Consumer Protection in Title 13, Chapter 1,Department of Commerce.
(10) "Identification" means a form of positive identification issued by a governmentalentity and that:
(a) contains a numerical identifier and a photograph of the person identified; and
(b) may include a state identification card, a state drivers license, a United States militaryidentification card, or a United States passport.
(11) "Local law enforcement agency" means the law enforcement agency that has directresponsibility for ensuring compliance with central database reporting requirements for thejurisdiction where the pawnshop or secondhand business is located.
(12) "Misappropriated" means stolen, embezzled, converted, obtained by theft, orotherwise appropriated without authority of the lawful owner.
(13) "Original victim" means a victim who is not a party to the pawn or sale transaction.
(14) "Pawnbroker" means a person whose business engages in the following activities:
(a) loans money on one or more deposits of personal property;
(b) deals in the purchase, exchange, or possession of personal property on condition of

selling the same property back again to the pledgor or depositor;
(c) loans or advances money on personal property by taking chattel mortgage security onthe property and takes or receives the personal property into his possession, and who sells theunredeemed pledges;
(d) deals in the purchase, exchange, or sale of used or secondhand merchandise orpersonal property; or
(e) engages in a licensed business enterprise as a pawnshop.
(15) "Pawn and secondhand business" means any business operated by a pawnbroker orsecondhand merchandise dealer, or the owner or operator of the business.
(16) "Pawn ticket" means a document upon which information regarding a pawntransaction is entered when the pawn transaction is made.
(17) "Pawn transaction" means an extension of credit in which an individual deliversproperty to a pawnbroker for an advance of money and retains the right to redeem the propertyfor the redemption price within a fixed period of time.
(18) "Pawnshop" means the physical location or premises where a pawnbroker conductsbusiness.
(19) "Pledgor" means a person who conducts a pawn transaction with a pawnshop.
(20) "Property" means any tangible personal property.
(21) "Register" means the record of information required under this chapter to bemaintained by pawn and secondhand businesses. The register is an electronic record that is in aformat that is compatible with the central database.
(22) "Scrap jewelry" means any item purchased solely:
(a) for its gold, silver, or platinum content; and
(b) for the purpose of reuse of the metal content.
(23) (a) "Secondhand merchandise dealer" means an owner or operator of a business that:
(i) deals in the purchase, exchange, or sale of used or secondhand merchandise orpersonal property; and
(ii) does not function as a pawnbroker.
(b) "Secondhand merchandise dealer" does not include:
(i) the owner or operator of an antique shop;
(ii) any class of businesses exempt by administrative rule under Section 13-32a-112.5;
(iii) any person or entity who operates auction houses, flea markets, or vehicle, vessel,and outboard motor dealers as defined in Section 41-1a-102;
(iv) the sale of secondhand goods at events commonly known as "garage sales," "yardsales," or "estate sales";
(v) the sale or receipt of secondhand books, magazines, or post cards;
(vi) the sale or receipt of used merchandise donated to recognized nonprofit, religious, orcharitable organizations or any school-sponsored association, and for which no compensation ispaid;
(vii) the sale or receipt of secondhand clothing and shoes;
(viii) any person offering his own personal property for sale, purchase, consignment, ortrade via the Internet;
(ix) any person or entity offering the personal property of others for sale, purchase,consignment, or trade via the Internet, when that person or entity does not have, and is notrequired to have, a local business or occupational license or other authorization for this activity;

(x) any owner or operator of a retail business that receives used merchandise as a trade-infor similar new merchandise;
(xi) an owner or operator of a business that contracts with other persons or entities tooffer those persons' secondhand goods for sale, purchase, consignment, or trade via the Internet;
(xii) any dealer as defined in Section 76-10-901, which concerns scrap metal andsecondary metals; or
(xiii) the purchase of items in bulk that are:
(A) sold at wholesale in bulk packaging;
(B) sold by a person licensed to conduct business in Utah; and
(C) regularly sold in bulk quantities as a recognized form of sale.

Amended by Chapter 272, 2009 General Session


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