Utah Code 13-32a-104. Tickets required to be maintained — Contents — Identification of items — Exceptions — Prohibition against pawning or selling certain property
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 the ticket the following information regarding the property:
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Identification: means any of the following non-expired forms of identification issued by a state government, the United States government, or a federally recognized Indian tribe, if the identification includes a unique number, photograph of the bearer, and date of birth:
(a)
a United States Passport or United States Passport Card;
(b)
a state-issued driver license;
(c)
a state-issued identification card;
(d)
a state-issued concealed carry permit;
(e)
a United States military identification;
(f)
a United States resident alien card;
(g)
an identification of a federally recognized Indian tribe; or
is represented by the individual pawning or selling the property as new;
(b)
is unopened in the original packaging; or
(c)
possesses other distinguishing characteristics that indicate the property is new. See Utah Code 13-32a-102
Numismatic item: means a coin, collectible paper money, or exonumia. See Utah Code 13-32a-102
Pawn or secondhand business: means a business operated by a pawnbroker or secondhand merchandise dealer, or the owner or operator of the business. See Utah Code 13-32a-102
Pawn transaction: means :
(a)
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;
(b)
a loan of money on one or more deposits of personal property;
(c)
the purchase, exchange, or possession of personal property on condition of selling the same property back again to the pledgor or depositor; or
(d)
a loan or advance of money on personal property by the pawnbroker taking chattel mortgage security on the personal property, taking or receiving the personal property into the pawnbroker's possession, and selling the unredeemed pledges. See Utah Code 13-32a-102
Pawnbroker: means a person whose business:
(a)
engages in a pawn transaction; or
(b)
holds itself out as being in the business of a pawnbroker or pawnshop, regardless of whether the person or business enters into pawn transactions or secondhand merchandise transactions. See Utah Code 13-32a-102
Pledgor: means an individual who conducts a pawn transaction with a pawnshop. See Utah Code 13-32a-102
precious metals: means ingots, monetized bullion, art bars, medallions, medals, tokens, and currency that are marked by the refiner or fabricator indicating their fineness and include:
Property: means an article of tangible personal property, numismatic item, precious metal, gift card, transaction card, or other physical or digital card or certificate evidencing store credit, and includes a wireless communication device. See Utah Code 13-32a-102
Secondhand merchandise transaction: means the purchase or exchange of used or secondhand property. See Utah Code 13-32a-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
Ticket: means a document upon which information is entered when a pawn transaction or secondhand merchandise transaction is made. See Utah Code 13-32a-102
Transaction card: means a card, code, or other means of access to a value with the retail business issued to a person that allows the person to obtain, purchase, or receive any of the following:
the date by which the property must be redeemed, if the property is pawned;
(e)
the following information regarding the individual who pawns or sells the property:
(i)
the individual’s full name and date of birth as they appear on the individual’s identification and the individual’s residence address and telephone number;
(ii)
the unique number and type of identification presented to the pawn or secondhand business;
(iii)
the individual’s signature; and
(iv)
(A)
subject to any rule made under Subsection (8), an electronic or tangible legible fingerprint of the individual’s right index finger, or if the right index finger cannot be fingerprinted, a legible fingerprint of the individual with a notation identifying the fingerprint and the reason why the right index fingerprint was unavailable; and
(B)
notwithstanding the other provisions of this Subsection (1), an electronic legible fingerprint is not required to be documented on the ticket;
(f)
the amount loaned on, paid for, or value for trade-in of each article of property;
(g)
the full name of the individual conducting the pawn transaction or secondhand merchandise transaction on behalf of the pawn or secondhand business or the initials or a unique identifying number of the individual, if the pawn or secondhand business maintains a record of the initials or unique identifying number of the individual; and
(h)
an accurate description of each article of property, with available identifying marks, including:
(i)
(A)
names, brand names, numbers, serial numbers, model numbers, IMEI numbers, color, manufacturers’ names, and size;
(B)
metallic composition, and any jewels, stones, or glass;
(C)
any other marks of identification or indicia of ownership on the property;
(D)
the weight of the property, if the payment is based on weight;
(E)
any other unique identifying feature; and
(F)
gold content, if indicated; or
(ii)
if multiple articles of property of a similar nature are delivered together in one transaction and the articles of property do not bear serial or model numbers and do not include precious metals or gemstones, such as musical or video recordings, books, or hand tools, the description of the articles is adequate if it includes the quantity of the articles and a description of the type of articles delivered.
(2)
(a)
A pawn or secondhand business may not accept property if, upon inspection, it is apparent that:
(i)
a serial number or another form of indicia of ownership has been removed, altered, defaced, or obliterated;
(ii)
the property is not a numismatic item and has indicia of being new, but is not accompanied by a written receipt or other satisfactory proof of ownership other than the seller’s own statement; or
(iii)
except as provided in Subsection 13-32a-103.1(3), the property is a gift card, transaction card, or other physical or digital card or certificate evidencing store credit.
(b)
A pawn or secondhand business is not subject to Subsection (2)(a)(ii) if the pawn or secondhand business is the original seller of the property and is accepting a return of the property as provided by the pawn or secondhand business’ established return policy.
(c)
Property is presumed to have had indicia of being new at the time of a transaction if the property is subsequently advertised by the pawn or secondhand business as being new.
(3)
(a)
An individual may not pawn or sell any property to a business regulated under this chapter if the property is subject to being turned over to a law enforcement agency in accordance with Title 77, Chapter 11d, Lost or Mislaid Property.
(b)
If an individual attempts to sell or pawn property to a business regulated under this chapter and the employee or owner of the business knows or has reason to know that the property is subject to Title 77, Chapter 11d, Lost or Mislaid Property, the employee or owner shall advise the individual of the requirements of Title 77, Chapter 11d, Lost or Mislaid Property, and may not receive the property in pawn or sale.
(4)
A coin dealer is subject to Section 13-32a-104.5 and not subject to this section.
(5)
An automated recyling kiosk operator is subject to Section 13-32a-104.6 and is not subject to this section.
(6)
A catalytic converter purchaser is subject to Section 13-32a-104.7 and is not subject to this section.
(7)
A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.
