Utah Code > Title 13 > Chapter 32a – Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act
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Terms Used In Utah Code > Title 13 > Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act
- Account: means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section 13-32a-113. See Utah Code 13-32a-102
- Antique shop: means a business operating at an established location that deals primarily in the purchase, exchange, or sale of antique items. See Utah Code 13-32a-102
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- 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
- Automated recycling kiosk operator: means a person whose sole business activity is the operation of one or more automated recycling kiosks. See Utah Code 13-32a-102
- Board: means the Pawnshop, Secondhand Merchandise, and Catalytic Converter Advisory Board created by this chapter. 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 purchase: means a purchase from an individual of a used catalytic converter that is no longer affixed to a vehicle. 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
- Charter school: includes :
(a) an operating charter school; (b) an applicant for a charter school whose application has been approved by a charter school authorizer as provided in Title 53G, Chapter 5, Part 6, Charter School Credit Enhancement Program; and (c) an entity that is working on behalf of a charter school or approved charter applicant to develop or construct a charter school building. See Utah Code 11-36a-102
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- 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
- Collectible paper money: means paper currency that is no longer in circulation and is sold and purchased for the paper currency's collectible value. See Utah Code 13-32a-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Consignment shop: means a business, operating at an established location:
(a) that deals primarily in the offering for sale property owned by a third party; and (b) where the owner of the property only receives consideration upon the sale of the property by the business. See Utah Code 13-32a-102
- Contract: A legal written agreement that becomes binding when signed.
- database: means the electronic database created and operated under Section 13-32a-105. See Utah Code 13-32a-102
- Development activity: means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any changes in the use of land that creates additional demand and need for public facilities. See Utah Code 11-36a-102
- Development approval: means :
(a) except as provided in Subsection (4)(b), any written authorization from a local political subdivision that authorizes the commencement of development activity; (b) development activity, for a public entity that may develop without written authorization from a local political subdivision; (c) a written authorization from a public water supplier, as defined in Section 73-1-4, or a private water company: (i) to reserve or provide: (A) a water right; (B) a system capacity; or (C) a distribution facility; or (ii) to deliver for a development activity: (A) culinary water; or (B) irrigation water; or (d) a written authorization from a sanitary sewer authority, as defined in Section 10-9a-103: (i) to reserve or provide: (A) sewer collection capacity; or (B) treatment capacity; or (ii) to provide sewer service for a development activity. See Utah Code 11-36a-102
- Division: means the Division of Consumer Protection created in Chapter 1, Department of Commerce. See Utah Code 13-32a-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Gift card: means a record that:
(a) is usable at: (i) a single merchant; or (ii) a specified group of merchants; (b) is prefunded before the record is used; and (c) can be used for the purchase of goods or services. See Utah Code 13-32a-102
- Highway: includes :Utah Code 68-3-12.5
- Hookup fee: means a fee for the installation and inspection of any pipe, line, meter, or appurtenance to connect to a gas, water, sewer, storm water, power, or other utility system of a municipality, county, local district, special service district, or private entity. See Utah Code 11-36a-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
- IMEI number: means an International Mobile Equipment Identity number. See Utah Code 13-32a-102
- Impact fee: means a payment of money imposed upon new development activity as a condition of development approval to mitigate the impact of the new development on public infrastructure. See Utah Code 11-36a-102
- Impact fee analysis: means the written analysis of each impact fee required by Section 11-36a-303. See Utah Code 11-36a-102
- Impact fee facilities plan: means the plan required by Section 11-36a-301. See Utah Code 11-36a-102
- Indicia of being new: means property that:
(a) 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
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
- Level of service: means the defined performance standard or unit of demand for each capital component of a public facility within a service area. See Utah Code 11-36a-102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Local charge: means one or more of the following charges paid by a public service provider to a county or municipality:
(i) a tax; (ii) a license; (iii) a fee; (iv) a license fee; (v) a license tax; or (vi) a charge similar to Subsections (1)(a)(i) through (v). See Utah Code 11-26-201
- Local law enforcement agency: means the law enforcement agency that has direct responsibility for ensuring compliance with central database reporting requirements for the jurisdiction where the pawn or secondhand business or catalytic converter purchaser is located. See Utah Code 13-32a-102
- Local political subdivision: means a county, a municipality, a local district under Title 17B, Limited Purpose Local Government Entities - Local Districts, a special service district under Title 17D, Chapter 1, Special Service District Act, or the Point of the Mountain State Land Authority, created in Section 11-59-201. See Utah Code 11-36a-102
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Municipality: means :
(i) a city; or (ii) a town. See Utah Code 11-26-201
- Numismatic item: means a coin, collectible paper money, or exonumia. See Utah Code 13-32a-102
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Original victim: means a victim who is not a party to the pawn or sale transaction or catalytic converter purchase and includes:
(a) an authorized representative designated in writing by the original victim; and (b) an insurer who has indemnified the original victim for the loss of the described property. 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
- Pawnshop: means the physical location or premises where a pawnbroker conducts business. See Utah Code 13-32a-102
- Person: means :Utah Code 68-3-12.5
- Personal property: All property that is not real property.
- Personal property: includes :Utah Code 68-3-12.5
- 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:
(i) . See Utah Code 13-32a-102
- Private entity: means an entity in private ownership with at least 100 individual shareholders, customers, or connections, that is located in a first, second, third, or fourth class county and provides water to an applicant for development approval who is required to obtain water from the private entity either as a:
(a) specific condition of development approval by a local political subdivision acting pursuant to a prior agreement, whether written or unwritten, with the private entity; or (b) functional condition of development approval because the private entity: (i) has no reasonably equivalent competition in the immediate market; and (ii) is the only realistic source of water for the applicant's development. See Utah Code 11-36a-102
- Project improvements: means site improvements and facilities that are:
(i) planned and designed to provide service for development resulting from a development activity; (ii) necessary for the use and convenience of the occupants or users of development resulting from a development activity; and (iii) not identified or reimbursed as a system improvement. See Utah Code 11-36a-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
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Proportionate share: means the cost of public facility improvements that are roughly proportionate and reasonably related to the service demands and needs of any development activity. See Utah Code 11-36a-102
- Public facilities: means only the following impact fee facilities that have a life expectancy of 10 or more years and are owned or operated by or on behalf of a local political subdivision or private entity:
(a) water rights and water supply, treatment, storage, and distribution facilities; (b) wastewater collection and treatment facilities; (c) storm water, drainage, and flood control facilities; (d) municipal power facilities; (e) roadway facilities; (f) parks, recreation facilities, open space, and trails; (g) public safety facilities; (h) environmental mitigation as provided in Section 11-36a-205; or (i) municipal natural gas facilities. See Utah Code 11-36a-102
- Public safety facility: means :
(i) a building constructed or leased to house police, fire, or other public safety entities; or (ii) a fire suppression vehicle costing in excess of $500,000. See Utah Code 11-36a-102
- Public service provider: means a person engaged in the business of supplying taxable energy as defined in Section 10-1-303. See Utah Code 11-26-201
- Quorum: The number of legislators that must be present to do business.
- Road: includes :Utah Code 68-3-12.5
- Scrap jewelry: means an item purchased solely:
(a) for its gold, silver, or platinum content; and (b) for the purpose of reuse of the metal content. See Utah Code 13-32a-102
- Secondhand merchandise dealer: includes a coin dealer and an automated recycling kiosk operator. 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
- Service area: means a geographic area designated by an entity that imposes an impact fee on the basis of sound planning or engineering principles in which a public facility, or a defined set of public facilities, provides service within the area. See Utah Code 11-36a-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
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- System improvements: means :
(i) existing public facilities that are: (A) identified in the impact fee analysis under Section 11-36a-304; and (B) designed to provide services to service areas within the community at large; and (ii) future public facilities identified in the impact fee analysis under Section 11-36a-304 that are intended to provide services to service areas within the community at large. See Utah Code 11-36a-102
- 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
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- 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:
(a) goods; (b) services; (c) money; or (d) anything else of value. See Utah Code 13-32a-102
- Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
- Wireless communication device: means a cellular telephone or a portable electronic device designed to receive and transmit a text message, email, video, or voice communication. See Utah Code 13-32a-102
- Writing: includes :Utah Code 68-3-12.5