(a) No dealer, or agent, employee, or representative of the dealer, shall alter, melt, deface, break apart, dispose of, or change the character or integrity of the precious or semiprecious metals or precious or semiprecious gems received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later. Every article received by the dealer or the dealer’s agents, employees, or representatives shall be retained by the dealer in the county where received or purchased for a period of fifteen calendar days after the purchase or possession by the dealer, whichever comes later.

Terms Used In Hawaii Revised Statutes 486M-4

  • Article: means any previously owned good or chattel, including, but not limited to, precious or semiprecious metals or precious or semiprecious gems. See Hawaii Revised Statutes 486M-1
  • Automated recycling kiosk: means an interactive device that is installed within a secure retail space and performs the following technological functions:

    (1)Only accepts for recycling previously owned handheld electronic cellular phone devices;
    (2)Verifies a seller's identity through a combination of technology within the kiosk and remote examination of a government-issued identification by a live representative during each transaction;
    (3)Securely stores devices accepted by the kiosk;
    (4)Records images of the seller and the devices accepted during the transaction;
    (5)Possesses computerized record-keeping and transmittal capabilities;
    (6)Electronically transmits transaction records to law enforcement within twenty-four hours from when the device was received; and
    (7)Can be remotely opened upon request by law enforcement during normal business hours. See Hawaii Revised Statutes 486M-1
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Dealer: means any person, firm, partnership, corporation, or other entity who engages in a business which includes the buying of previously owned [articles,] and includes any pawnbroker or secondhand dealer. See Hawaii Revised Statutes 486M-1
  • Secondhand dealer: means any person who trades in secondhand or previously owned articles, including the operation of an automated recycling kiosk, and includes any person subject to part VII of chapter 445. See Hawaii Revised Statutes 486M-1
(b) Notwithstanding subsection (a) to the contrary, a secondhand dealer operating an automated recycling kiosk shall retain previously owned consumer handheld electronic cellular phone devices for a total period of thirty calendar days from the date they were received or purchased; provided that the secondhand dealer operating an automated recycling kiosk may store the previously owned consumer handheld electronic cellular phone devices at a business location outside the county where the devices were received or purchased; provided further that upon request by law enforcement within the thirty-day retention period, a secondhand dealer operating an automated recycling kiosk shall promptly return any requested devices no later than five business days from the date of the request at no cost to the requesting law enforcement agency.

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