(1)  A violation of any of the following sections is subject to an administrative or civil penalty of not more than $500:

Terms Used In Utah Code 13-32a-110

  • Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102
  • Automated recycling kiosk: means an interactive machine that:
(a) is installed inside a commercial site used for the selling of goods and services to consumers;
(b) is monitored remotely by a live representative during the hours of operation;
(c) only engages in secondhand merchandise transactions involving wireless communication devices; and
(d) has the following technological functions:
(i) verifies the seller's identity by a live representative using the individual's identification;
(ii) generates a ticket; and
(iii) electronically transmits the secondhand merchandise transaction information to the central database. See Utah Code 13-32a-102
  • Catalytic converter: means the same as that term is defined in Section 76-6-1402. See Utah Code 13-32a-102
  • Catalytic converter purchaser: means a person who purchases a used catalytic converter in a catalytic converter purchase. See Utah Code 13-32a-102
  • 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
  • database: means the electronic database created and operated under Section 13-32a-105. 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
  • 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
  • (a)  Section 13-32a-104, tickets required to be maintained;

    (b)  Section 13-32a-104.5, database information from coin dealers;

    (c)  Section 13-32a-104.6, database information from automated recycling kiosk operators;

    (d)  Section 13-32a-104.7, database information from catalytic converter purchasers;

    (e)  Section 13-32a-106, transaction information provided to the central database;

    (f)  Section 13-32a-108, retention of records;

    (g)  Section 13-32a-109, holding period for property;

    (h)  Section 13-32a-110.5, transactions with certain individuals prohibited;

    (i)  Section 13-32a-111, fees to fund account; or

    (j)  Section 13-32a-112.1, annual training.

    (2)  This section does not prohibit civil action by a governmental entity regarding the operation or license of a pawn or secondhand business or catalytic converter purchaser.

    (3)  The imposition of civil penalties under this section does not prohibit criminal prosecution by a governmental entity for criminal violations of this chapter.

    Amended by Chapter 201, 2022 General Session