Commerce and Trade
Pawnshop and Secondhand Merchandise Transaction Information Act
Section 114
Preemption of local ordinances -- Exceptions.
     13-32a-114.   Preemption of local ordinances -- Exceptions.
     (1) This chapter preempts all city, county, and other local ordinances governing pawn or secondhand businesses and pawnbroking transactions, if the ordinances are more restrictive than the provisions of this chapter or are not consistent with this chapter.
     (2) Subsection (1) does not preclude a city, county, or other local governmental unit from:
     (a) enacting or enforcing local ordinances concerning public health, safety, or welfare, if the ordinances are uniform and equal in application to pawn and secondhand businesses and other retail businesses or activities;
     (b) requiring a pawn or secondhand business to obtain and maintain a business license; and
     (c) enacting zoning ordinances that restrict areas where pawn or secondhand businesses and other retail businesses or activities can be located.

Amended by Chapter 352, 2007 General Session
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