13-32a-102. Definitions.
As used in this chapter:
(1) "Account" means the Pawnbroker and Secondhand Merchandise Operations
Restricted 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, as
distinguished 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 offers
for sale antique items.
(4) "Board" means the Pawnshop and Secondhand Merchandise Advisory Board created
by this chapter.
(5) "Central database" or "database" means the electronic database created and operated
under Section 13-32a-105.
(6) "Division" means the Division of Consumer Protection in Title 13, Chapter 1,
Department of Commerce.
(7) "Identification" means a form of positive identification issued by a governmental
entity 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 military
identification card, or a United States passport.
(8) "Local law enforcement agency" means the law enforcement agency that has direct
responsibility for ensuring compliance with central database reporting requirements for the
jurisdiction where the pawnshop is located.
(9) "Misappropriated" means stolen, embezzled, converted, obtained by theft, or
otherwise appropriated without authority of the lawful owner.
(10) "Original victim" means a victim who is not a party to the pawn transaction.
(11) "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 on
the property and takes or receives the personal property into his possession, and who sells the
unredeemed pledges;
(d) deals in the purchase, exchange, or sale of used or secondhand merchandise or
personal property; or
(e) engages in a licensed business enterprise as a pawnshop.
(12) "Pawn and secondhand business" means any business operated by a pawnbroker or
secondhand merchandise dealer, or the owner or operator of the business.
(13) "Pawn ticket" means a document upon which information regarding a pawn
transaction is entered when the pawn transaction is made.
(14) "Pawn transaction" means an extension of credit in which an individual delivers
property to a pawnbroker for an advance of money and retains the right to redeem the property
for the redemption price within a fixed period of time.
(15) "Pawnshop" means the physical location or premises where a pawnbroker conducts
business.
(16) "Pledgor" means a person who conducts a pawn transaction with a pawnshop.
(17) "Property" means any tangible personal property.
(18) "Register" means the record of information required under this chapter to be
maintained by pawn and secondhand businesses. The register is an electronic record that is in a
format that is compatible with the central database.
(19) (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 or
personal 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," "yard
sales," 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, or
charitable organizations or any school-sponsored association, and for which no compensation is
paid;
(vii) the sale or receipt of secondhand clothing and shoes;
(viii) any person offering his own personal property for sale, purchase, consignment, or
trade 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 not
required 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-in
for similar new merchandise; or
(xi) an owner or operator of a business that contracts with other persons or entities to
offer those persons' secondhand goods for sale, purchase, consignment, or trade via the Internet.
Amended by Chapter 333, 2008 General Session
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Last revised: Thursday, May 01, 2008