(1)  A coin dealer shall maintain a ticket under this section for each secondhand merchandise transaction of a numismatic item or precious metal with an individual with whom the coin dealer has not previously conducted a secondhand merchandise transaction.

Terms Used In Utah Code 13-32a-104.5

  • Coin: means a piece of currency, usually metallic and usually in the shape of a disc that 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. See Utah Code 13-32a-102
  • Coin dealer: means a person whose sole business activity is the selling and purchasing of numismatic items and precious metals. See Utah Code 13-32a-102
  • Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102
  • 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
    (h) notwithstanding Section 53-3-207, a Utah driving privilege card. 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
  • 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:
    (i) . See Utah Code 13-32a-102
  • 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
  • (2)  For a secondhand merchandise transaction under Subsection (1), the coin dealer or the coin dealer’s employee shall document the following information on the ticket regarding every numismatic item or precious metal transaction:

    (a)  the date and time of the transaction;

    (b)  the ticket number;

    (c)  the following information regarding the individual who sells the numismatic item or precious metal:

    (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 coin dealer;

    (iii)  the individual’s signature; and

    (iv) 

    (A)  subject to any rule made under Subsection (6), 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 a right index fingerprint is unavailable; and

    (B)  notwithstanding the other provisions of this Subsection (2), an electronic legible fingerprint is not required to be documented on the ticket;

    (d)  the amount paid for or trade-in value of each numismatic item or precious metal;

    (e)  the full name of the individual conducting the transaction on behalf of the pawn or secondhand business or the initials or unique identifying number, if the coin dealer maintains a record of the initials or unique identifying number of the individual; and

    (f)  an accurate description of each numismatic item or precious metal, with available identifying marks, including:

    (i)  type and name of numismatic item or type and content of precious metal;

    (ii)  metallic composition, and any jewels, stones, or glass;

    (iii)  any other marks of identification or indicia of ownership on the article;

    (iv)  the weight of the article, if the payment is based on weight;

    (v)  any other unique identifying feature; and

    (vi)  metallic content.

    (3) 

    (a)  If multiple numismatic items or precious metals of the same type in an amount that would make reporting of each item unreasonably difficult are part of a single sale transaction, a coin dealer shall document the property as a grouping.

    (b)  The description for a grouping described in Subsection (3)(a) must be an accurate description, with available identifying marks, including:

    (i)  type and name of numismatic items or type and content of precious metal;

    (ii)  metallic composition, and any jewels, stones, or glass;

    (iii)  any other marks of identification or indicia of ownership on the article;

    (iv)  the weight of the articles, if the payment is based on the weight;

    (v)  any other unique identifying features; and

    (vi)  metallic content.

    (4)  If the individual selling a numismatic item or precious metal to the coin dealer has an established previous transaction history with the coin dealer, the coin dealer or the coin dealer’s employee shall document the following information on the ticket:

    (a)  the date and time of the transaction and the ticket number;

    (b)  indication that the coin dealer has conducted business with the seller previously;

    (c)  the full name of the individual conducting the transaction on behalf of the pawn or secondhand business or the initials or unique identifying number, if the coin dealer maintains a record of the initials or unique identifying number of the individual;

    (d)  the initials of the seller’s legal name, including any middle name;

    (e)  form of identification presented by the seller at the time of sale;

    (f)  the last four digits of the unique identifying number on the form of identification;

    (g)  the individual’s signature;

    (h)  the amount paid for or trade-in value of each numismatic item or precious metal; and

    (i)  the identifying information under Subsection (2)(f) and under Subsection (3) as applicable.

    (5)  A coin dealer may not accept any numismatic item or precious metal if, upon inspection, it is apparent that serial numbers or identifying characteristics have been intentionally defaced on that numismatic item or precious metal.

    (6)  The division shall establish standards and criteria for fingerprint legibility by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

    Amended by Chapter 66, 2021 General Session