dcrodriguez/Code-of-Virginia huggingface dataset:
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-412. Applicability.
This chapter shall not be construed to restrict or otherwise affect the right of any uncertified interior designer, architect, engineer, or any other person from rendering any of the services which constitute the practice of interior design; however, no person may hold himself out as, or use the title of, "certified interior designer" unless he has been so certified pursuant to the provisions of this chapter.

1990, c. 512.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-413. Examination.
At least once each year the Board shall arrange for the National Council for Interior Design Qualification examination or an equivalent examination approved by the Board to be given to qualified applicants for certification as interior designers.

1990, c. 512; 1991, c. 291.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-414. Issuance of certification; waiver of examination.
The Board shall issue a certification to practice as a certified interior designer in the Commonwealth to every applicant who shall have complied with the requirements of this chapter and the regulations of the Board. The certificates shall be signed by at least three members of the Board.

The Board shall certify any person who is a graduate of a minimum four-year professional degree program accredited by the Foundation for Interior Design Education Research, an equivalent accrediting organization or a professional program approved by the Board and who has two years of monitored experience in the performance of interior design services and who has taken and passed the examination for certification as a certified interior designer.

The Board, in its discretion, shall determine whether an applicant's professional education and professional experience in the field of interior design are sufficient to establish eligibility for the examination.

The Board, in lieu of all examinations, may accept satisfactory evidence of licensing or certification in another state or country or the District of Columbia where (i) the qualifications for such licensure or certification are equal, in the opinion of the Board, to the qualifications required by the provisions of this chapter as of the date of application and (ii) the applicant is the holder of a license or certificate in good standing. Upon receipt of such satisfactory evidence and provided all other such requirements of this chapter are complied with, a certificate shall be issued to such applicant.

1990, c. 512; 1991, c. 291; 1994, c. 625; 2000, c. 42.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 4 (ARCHITECTS, ENGINEERS, SURVEYORS, LANDSCAPE ARCHITECTS AND INTERIOR DESIGNERS)
§ 54.1-415. Repealed.
Repealed by Acts 2000, c. 42, cl. 2.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4000. Definition of pawnbroker.
"Pawnbroker" means any natural person who lends or advances money or other things for profit on the pledge and possession of tangible personal property, or other valuable things, other than securities or written or printed evidences of indebtedness or title, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price.

Code 1950, § 54-840; 1988, c. 765; 1998, c. 848; 2019, c. 238.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4001. License required; license authorized by court; building designated in license; penalty.
A. No natural person shall engage in the business of a pawnbroker without having a valid license issued by the county, city, or town in which the pawnbroker conducts such business.

B. The circuit court of any county or city may authorize any county, city, or town to issue to any natural person, who has not been convicted of a felony or a crime involving moral turpitude in the last ten years, a license to engage in the business of a pawnbroker in that county, city, or town. No such license shall be issued by any county, city, or town except with such authority. Prior to the issuance of the license, the applicant shall furnish his date of birth, a sworn statement or affirmation disclosing any criminal convictions or any pending criminal charges, whether within or without the Commonwealth, and such other information to the licensing authority as may be required by the governing body. The license shall designate the building in which the licensee shall carry on such business.

C. No natural person shall engage in the business of a pawnbroker in any location other than the one designated in his license, except with consent of the court which authorized the license.

D. Any natural person who violates the provisions of this section shall be guilty of a Class 1 misdemeanor. Each day's violation shall constitute a separate offense.

Code 1950, §§ 54-841, 54-842; 1982, c. 633; 1986, c. 316; 1988, c. 765; 1998, c. 848; 2019, c. 238.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4002. Local limitations as to number of pawnshops.
A. In addition to all limitations and restrictions and notwithstanding any other relevant provisions of this chapter, the governing body of any county, city or town may reasonably limit by resolution or ordinance the number of pawnshops that may be operated at any one time within its territorial limits.

B. The circuit court of any county or city which has, by resolution or ordinance, limited the number of pawnshops therein shall not authorize any license to any pawnbroker after the commissioner of the revenue or other tax assessing officer of the county, city or town over which it has jurisdiction for the issuance of such licenses has filed with the court a statement that the number of licensed pawnshops within the county, city or town has reached the maximum number of pawnshops authorized to be operated therein, unless the number has been reduced below the maximum prescribed. In the event that a properly licensed pawnbroker sells his business, the circuit court of the county or city shall authorize the county, city or town in which such business operates to issue to the purchaser a new license for the same location if the purchaser has not been convicted of a felony or a crime involving moral turpitude in the last ten years. Prior to the issuance of the license, the purchaser shall furnish his date of birth and such other information to the licensing authority as may be required by the local governing body.

Code 1950, § 54-843; 1982, c. 633; 1988, c. 765; 1998, c. 848.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4003. Bond required; private action on bond.
A. No natural person shall be licensed as a pawnbroker or engage in the business of a pawnbroker without having in existence a bond with surety in the minimum amount of $50,000 to secure the payment of any judgment recovered under the provisions of subsection B.

B. Any person who recovers a judgment against a licensed pawnbroker for the pawnbroker's misconduct may maintain an action in his own name upon the bond of the pawnbroker if the execution issued upon such judgment is wholly or partially unsatisfied.

Code 1950, § 54-845; 1988, c. 765; 1998, c. 848; 2019, c. 238.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4004. Memorandum to be given pledgor; fee; lost ticket charge.
Every pawnbroker shall at the time of each loan deliver to the person pawning or pledging anything, a memorandum or note, signed by him, containing the information required by § 54.1-4009. A lost-ticket fee of five dollars may be charged, provided that the pawner is notified of the fee on the ticket.

Code 1950, § 54-846; 1968, c. 438; 1983, c. 238; 1988, c. 765; 1998, c. 848.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4005. Sale of goods pawned.
No pawnbroker shall sell any pawn or pledge item until (i) it has been in his possession for the minimum term set forth in the memorandum, but not less than 30 days, plus a grace period of 15 days and (ii) a statement of ownership is obtained from the pawner. If a motor vehicle is pawned, the owner of the motor vehicle shall comply with the requirements of § 46.2-637. In the event of default by the pawner, the pawnbroker shall comply with the requirements of § 46.2-633. Otherwise, the pawnbroker shall comply with the requirements of § 46.2-636 et seq. All sales of items pursuant to this section may be made by the pawnbroker in the ordinary course of his business.

Code 1950, § 54-847; 1986, c. 316; 1988, c. 765; 1998, c. 848; 1999, c. 327; 2012, c. 586.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4006. Repealed.
Repealed by Acts 1998, c. 848.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4008. Interest chargeable.
A. No pawnbroker shall ask, demand or receive a greater rate of interest than ten percent per month on a loan of $25 or less, or seven percent per month on a loan of more than $25 and less than $100, or five percent per month on a loan of $100 or more, secured by a pledge of tangible personal property. No loan shall be divided for the purpose of increasing the percentage to be paid the pawnbroker. Loans may be renewed based on the original loan amount. Loans may not be issued that compound the interest or storage fees from previous loans on the same item.

B. An annual percentage rate computed and disclosed under the provisions of the federal Truth-in-Lending Act shall not be deemed a violation of this section.

Code 1950, § 54-850; 1983, c. 238; 1988, c. 765; 1998, c. 848; 1999, c. 327.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4010. Daily reports.
A. Every pawnbroker shall prepare a daily report of all goods, articles, or things pawned or pledged with him or sold to him that day and shall file such report by noon of the following day with the chief of police or other law-enforcement officer of the county, city, or town where his business is conducted designated by the local attorney for the Commonwealth to receive it. The report shall include the pledgor's or seller's name, residence, and driver's license number or other form of identification; a photograph or digital image of the form of identification used by the pledgor or seller; and a description of the goods, articles, or other things pledged or sold and, unless maintained in electronic format, shall be in writing and clearly legible to any person inspecting it. A pawnbroker may compile and maintain the daily report in an electronic format and, if so maintained, shall file the required daily reports electronically with the appropriate law-enforcement officer through use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer. Any local governing body, may by ordinance, require a pawnbroker to maintain and file a daily report electronically through the use of a disk, electronic transmission, or any other electronic means of reporting approved by the law-enforcement officer.

B. The Department of State Police shall adopt regulations for the uniform reporting of information required by this section.

C. Any natural person violating any of the provisions of this section is guilty of a Class 4 misdemeanor.

Code 1950, § 54-853; 1988, c. 765; 1998, c. 848; 2001, c. 401; 2002, c. 201; 2003, c. 448; 2010, cc. 540, 657; 2013, c. 262; 2019, c. 238.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4011. Officers may examine records or property; warrantless search and seizure authorized.
Every pawnbroker and every employee of the pawnbroker shall admit to the pawnbroker's place of business during regular business hours, any duly authorized law-enforcement officer of the jurisdiction where the business is being conducted, or any law-enforcement official of the state or federal government. The pawnbroker or employee shall permit the officer to (i) examine all records required by this chapter and any article listed in a record which is believed by the officer to be missing or stolen and (ii) search for and take into possession any article known to him to be missing, or known or believed by him to have been stolen. However, the officer shall not take possession of any article without providing to the pawnbroker a receipt.

Code 1950, §§ 54-852, 54-854; 1988, c. 765; 1990, c. 683; 1998, c. 848.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4012. Property pawned or purchased not to be disfigured or changed.
No property received on deposit or pledged or purchased by any pawnbroker shall be disfigured or its identity destroyed or affected in any manner (i) so long as it continues in pawn or in the possession of the pawnbroker while in pawn or (ii) in an effort to obtain a serial number or other information for identification purposes.

Code 1950, § 54-855; 1988, c. 765; 1998, c. 848; 1999, c. 327; 2003, c. 448.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4013. Care of tangible personal property; evaluation fee.
A. Pawnbrokers shall store, care for and protect all of the tangible personal property in the pawnbroker's possession and protect the property from damage or misuse. Nothing in this chapter shall be construed to mean that pawnbrokers are insurers of pawned property in their possession.

B. A pawnbroker may charge a monthly storage fee for any items requiring storage, which fee shall not exceed five percent of the amount loaned on such item.

Code 1950, § 54-856; 1988, c. 765; 1998, c. 848.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 40 (Pawnbrokers)
§ 54.1-4014. Penalties; violation of the Virginia Consumer Protection Act.
A. Except as otherwise provided in § 54.1-4001, any licensed pawnbroker who violates any of the provisions of this chapter shall be guilty of a Class 4 misdemeanor. In addition, the court may revoke or suspend the pawnbroker's license for second and subsequent offenses.

B. Additionally, any violation of the provisions of the chapter shall constitute a prohibited practice in accordance with § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

Code 1950, §§ 54-857, 54-858; 1988, c. 765; 1998, c. 848.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4100. Definitions.
For the purposes of this chapter, unless the context requires a different meaning:

"Coin" means any piece of gold, silver or other metal fashioned into a prescribed shape, weight and degree of fineness, stamped by authority of a government with certain marks and devices, and having a certain fixed value as money.

"Dealer" means any person, firm, partnership, or corporation engaged in the business of (i) purchasing secondhand precious metals or gems; (ii) removing in any manner precious metals or gems from manufactured articles not then owned by the person, firm, partnership, or corporation; or (iii) buying, acquiring, or selling precious metals or gems removed from manufactured articles. "Dealer" includes all employers and principals on whose behalf a purchase is made, and any employee or agent who makes any purchase for or on behalf of his employer or principal.

The definition of "dealer" shall not include persons engaged in the following:

1. Purchases of precious metals or gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories, provided that the selling dealer has complied with the provisions of this chapter.

2. Purchases of precious metals or gems from a qualified fiduciary who is disposing of the assets of an estate being administered by the fiduciary.

3. Acceptance by a retail merchant of trade-in merchandise previously sold by the retail merchant to the person presenting that merchandise for trade-in.

4. Repairing, restoring or designing jewelry by a retail merchant, if such activities are within his normal course of business.

5. Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are made directly from retail merchants, wholesalers, dealers, or by mail originating outside the Commonwealth.

6. Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product.

"Gems" means any item containing precious or semiprecious stones customarily used in jewelry.

"Precious metals" means any item except coins composed in whole or in part of gold, silver, platinum, or platinum alloys.

1981, c. 581, § 54-859.15; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4101. Records to be kept; copy furnished to local authorities.
A. Every dealer shall keep at his place of business an accurate and legible record of each purchase of precious metals or gems. The record of each purchase shall be retained by the dealer for at least 24 months and shall set forth the following:

1. A complete description of all precious metals or gems purchased from each seller. The description shall include all names, initials, serial numbers, or other identifying marks or monograms on each item purchased, the true weight or carat of any gem, and the price paid for each item;

2. The date, time, and place of receiving the items purchased;

3. The full name, residence address, work place, home and work telephone numbers, date of birth, sex, race, height, weight, hair and eye color, and other identifying marks of the person selling the precious metals or gems;

4. Verification of the identification by the exhibition of an unexpired government-issued identification card bearing the current legal address and a photograph of the person selling the precious metals or gems, such as a driver's license or military identification card. If the government-issued identification card does not bear the current legal address, the person shall present other documentation verifying his current legal address. The record shall contain the type of identification exhibited, the issuing agency, and the number thereon;

5. A statement of ownership from the seller; and

6. A digital image of the form of identification used by the person involved in the transaction.

B. The information required by subdivisions A 1 through A 3 shall appear on each bill of sale for all precious metals and gems purchased by a dealer, and a copy shall be mailed or delivered within 24 hours of the time of purchase to the chief law-enforcement officer of the locality in which the purchase was made.

1981, c. 581, § 54-859.16; 1986, c. 316; 1988, c. 765; 1990, c. 783; 1991, c. 174; 2013, c. 262; 2019, c. 457.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4101.1. Officers may examine records or property; warrantless search and seizure authorized.
Every dealer or his employee shall admit to his place of business during regular business hours the chief law-enforcement officer or his designee of the jurisdiction in which the dealer is located or any law-enforcement officer of the state or federal government. The dealer or his employee shall permit the officer to (i) examine all records required by this chapter and any article listed in a record which is believed by the officer to be missing or stolen and (ii) search for and take into possession any article known to him to be missing, or known or believed by him to have been stolen.

1991, c. 174.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4102. Credentials and statement of ownership required from seller.
No dealer shall purchase precious metals or gems without first (i) ascertaining the identity of the seller by requiring an unexpired identification card issued by a governmental agency with the current legal address and a photograph of the seller thereon, and at least one other corroborating means of identification, and (ii) obtaining a statement of ownership from the seller. If the government-issued identification card does not bear the current legal address, the person shall present other documentation verifying his current legal address.

The governing body of the locality wherein the dealer conducts his business may determine the contents of the statement of ownership.

1981, c. 581, § 54-859.17; 1986, c. 316; 1988, c. 765; 2019, c. 457.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4103. Prohibited purchases.
A. No dealer shall purchase precious metals or gems from any seller who is under the age of eighteen.

B. No dealer shall purchase precious metals or gems from any seller who the dealer believes or has reason to believe is not the owner of such items, unless the seller has written and duly authenticated authorization from the owner permitting and directing such sale.

1981, c. 581, § 54-859.18; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4104. Dealer to retain purchases.
A. The dealer shall retain all precious metals or gems purchased for a minimum of 15 calendar days from the date on which a copy of the bill of sale is received by the chief law-enforcement officer of the locality in which the purchase is made. Until the expiration of this period, the dealer shall not sell, alter, or dispose of a purchased item in whole or in part, or remove it from the county, city, or town in which the purchase was made.

B. If a dealer performs the service of removing precious metals or gems, he shall retain the metals or gems removed and the article from which the removal was made for a period of 15 calendar days after receiving such article and precious metals or gems.

1981, c. 581, § 54-859.19; 1988, c. 765; 2012, c. 532.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4105. Record of disposition.
Each dealer shall maintain for at least twenty-four months an accurate and legible record of the name and address of the person, firm, or corporation to which he sells any precious metal or gem in its original form after the waiting period required by § 54.1-4104. This record shall also show the name and address of the seller from whom the dealer purchased the item.

1981, c. 581, § 54-859.20; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4106. Bond or letter of credit required of dealers when permit obtained.
A. Every dealer shall secure a permit as required by § 54.1-4108, and each dealer at the time of obtaining such permit shall enter into a recognizance to the Commonwealth secured by a corporate surety authorized to do business in this Commonwealth, in the penal sum of $10,000, conditioned upon due observance of the terms of this chapter. In lieu of a bond, a dealer may cause to be issued by a bank authorized to do business in the Commonwealth a letter of credit in favor of the Commonwealth for $10,000.

B. If any county, city, or town has an ordinance which regulates the purchase and sale of precious metals and gems pursuant to § 54.1-4111, such bond or letter of credit shall be executed in favor of the local governing body.

C. A single bond upon an employer or principal may be written or a single letter of credit issued to cover all employees and all transactions occurring at a single location.

1981, c. 581, § 54-859.21; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4107. Private action on bond or letter of credit.
Any person aggrieved by the misconduct of any dealer which violated the provisions of this chapter may maintain an action for recovery in any court of proper jurisdiction against the dealer and his surety. Recovery against the surety shall be only for that amount of the judgment which is unsatisfied by the dealer.

1981, c. 581, § 54-859.22; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4108. Permit required; method of obtaining permit; no convictions of certain crimes; approval of weighing devices; renewal; permanent location required.
A. No person shall engage in the activities of a dealer as defined in § 54.1-4100 without first obtaining a permit from the chief law-enforcement officer of each county, city, or town in which he proposes to engage in business.

B. To obtain a permit, the dealer shall file with the proper chief law-enforcement officer an application form which includes the dealer's full name, any aliases, address, age, date of birth, sex, and fingerprints; the name, address, and telephone number of the applicant's employer, if any; and the location of the dealer's place of business. Upon filing this application and the payment of a $200 application fee, the dealer shall be issued a permit by the chief law-enforcement officer or his designee, provided that the applicant has not been convicted of a felony or crime of moral turpitude within seven years prior to the date of application. The permit shall be denied if the applicant has been denied a permit or has had a permit revoked under any ordinance similar in substance to the provisions of this chapter.

C. Before a permit may be issued, the dealer must have all weighing devices used in his business inspected and approved by local or state weights and measures officials and present written evidence of such approval to the proper chief law-enforcement officer.

D. This permit shall be valid for one year from the date issued and may be renewed in the same manner as such permit was initially obtained with an annual permit fee of $200. No permit shall be transferable.

E. If the business of the dealer is not operated without interruption, with Saturdays, Sundays, and recognized holidays excepted, the dealer shall notify the proper chief law-enforcement officer of all closings and reopenings of such business. The business of a dealer shall be conducted only from the fixed and permanent location specified in his application for a permit.

F. The chief law-enforcement officer may waive the permit fee for retail merchants that are not required to be licensed as pawnbrokers under Chapter 40 (§ 54.1-4000 et seq.), provided the retail merchant has a permanent place of business and purchases of precious metals and gems do not exceed five percent of the retail merchant's annual business.

1981, c. 581, § 54-859.23; 1986, c. 316; 1988, c. 765; 2014, cc. 22, 611.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4109. Exemptions from chapter.
A. The chief law-enforcement officer of a county, city or town, or his designee, may waive by written notice implementation of any one or more of the provisions of this chapter, except § 54.1-4103, for particular numismatic, gem, or antique exhibitions or craft shows sponsored by nonprofit organizations, provided that the purpose of the exhibitions is nonprofit in nature, notwithstanding the fact that there may be casual purchases and trades made at such exhibitions.

B. Neither the provisions of this chapter nor any local ordinances dealing with the subject matter of this chapter shall apply to the sale or purchase of coins.

C. Neither the provisions of this chapter nor any local ordinance dealing with the subject matter of this chapter shall apply to any bank, branch thereof, trust company or bank holding company, or any wholly owned subsidiary thereof, engaged in buying and selling gold and silver bullion.

1981, c. 581, §§ 54-859.24, 54-859.27; 1984, c. 583, § 54-859.28; 1988, c. 765.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4110. Penalties; first and subsequent offenses.
A. Any person convicted of violating any of the provisions of this chapter shall be guilty of a Class 2 misdemeanor for the first offense. Upon conviction of any subsequent offense he shall be guilty of a Class 1 misdemeanor.

B. Upon the first conviction of a dealer for violation of any provision of this chapter, the chief law-enforcement officer may revoke the dealer's permit for one full year from the date the conviction becomes final. Such revocation shall be mandatory for two full years from the date the conviction becomes final upon a second conviction.

1981, c. 581, § 54-859.25; 1988, c. 765; 2010, c. 100.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 41 (PRECIOUS METALS DEALERS)
§ 54.1-4111. Local ordinances.
Nothing in this chapter shall prevent any county, city, or town in this Commonwealth from enacting an ordinance regulating dealers in precious metals and gems which parallels this chapter, or which imposes terms, conditions, and fees that are stricter, more comprehensive, or larger than those imposed by this chapter. In any event, the terms, conditions, and fees imposed by this chapter shall constitute minimum requirements in any local ordinance. Any fee in excess of the one specified in § 54.1-4108 shall be reasonably related to the cost of enforcement of such local ordinance.

1981, c. 581, § 54-859.26; 1988, c. 765.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 42 (Dealers in Firearms)
§ 54.1-4200. Definitions.
For the purpose of this chapter, unless the context requires a different meaning:

"Dealer in firearms" means (i) any person, firm, partnership, or corporation engaged in the business of selling, trading or transferring firearms at wholesale or retail; (ii) any person, firm, partnership, or corporation engaged in the business of making or fitting special barrels, stocks, or trigger mechanisms to firearms; or (iii) any natural person that is a pawnbroker.

"Engaged in business" means as applied to a dealer in firearms a person, firm, partnership, or corporation that devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through repetitive purchase or resale of firearms, but such term shall not involve a person who makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms.

"Firearms show" means any gathering or exhibition, open to the public, not occurring on the permanent premises of a dealer in firearms, conducted principally for the purposes of exchanging, selling or trading firearms as defined in § 18.2-308.2:2.

1989, c. 490; 1993, c. 477; 2019, c. 238.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 42 (Dealers in Firearms)
§ 54.1-4201. Inspection of records.
A. Every dealer in firearms shall keep at his place of business, for not less than a period of two years, the original consent form required to be completed by § 18.2-308.2:2 for each firearm sale.

B. Every dealer in firearms shall admit to his place of business during regular business hours the chief law-enforcement officer, or his designee, of the jurisdiction in which the dealer is located, or any law-enforcement official of the Commonwealth, and shall permit such law-enforcement officer, in the course of a bona fide criminal investigation, to examine and copy those federal and state records related to the acquisition or disposition of a particular firearm required by this section. This section shall not be construed to authorize the seizure of any records.

1989, c. 490; 1993, cc. 461, 493; 2005, c. 859.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 42 (Dealers in Firearms)
§ 54.1-4201.1. Notification by sponsor of firearms show to State Police and local law-enforcement authorities required; records; penalty.
A. No promoter of a firearms show shall hold such show without giving notice at least 30 days prior to the show to the State Police and the sheriff or chief of police of the locality in which the firearms show will be held. The notice shall be given on a form provided by the State Police. A separate notice shall be required for each firearms show.

"Promoter" means every person, firm, corporation, club, association, or organization holding a firearms show in the Commonwealth.

The promoter shall maintain for the duration of the show a list of all vendors or exhibitors in the show for immediate inspection by any law-enforcement authorities, and within five days after the conclusion of the show, by mail, by hand, by email, or by fax, transmit a copy of the complete vendor or exhibitor list to the law-enforcement authorities to which the 30-day prior notice was required. The vendor or exhibitor list shall contain the full name and residence address and the business name and address, if any, of the vendors or exhibitors.

B. A willful violation of this section shall be a Class 3 misdemeanor.

C. The provisions of this section shall not apply to firearms shows held in any town with a population of not less than 1,995 and not more than 2,010, according to the 1990 United States census.

1993, c. 477; 2005, c. 193.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 42 (Dealers in Firearms)
§ 54.1-4201.2. Firearm transactions by persons other than dealers; mandatory background checks.
A. The Department of State Police shall be available at every firearms show held in the Commonwealth and shall make determinations in accordance with the procedures set out in § 18.2-308.2:2 of whether a prospective purchaser or transferee is prohibited under state or federal law from possessing a firearm prior to the completion of any firearm transaction at a firearms show held in the Commonwealth. The Department of State Police shall establish policies and procedures in accordance with 28 C.F.R. § 25.6 to permit such determinations to be made by the Department of State Police.

The Department of State Police may charge a reasonable fee for the determination.

B. The promoter, as defined in § 54.1-4201.1, shall give the Department of State Police notice of the time and location of a firearms show at least 30 days prior to the show. The promoter shall provide the Department of State Police with adequate space, at no charge, to conduct such prohibition determinations. The promoter shall ensure that a notice that such determinations are available is prominently displayed at the show.

C. No person who sells or transfers a firearm at a firearms show after receiving a determination from the Department of State Police that the purchaser or transferee is not prohibited by state or federal law from possessing a firearm shall be liable for selling or transferring a firearm to such person.

D. The provisions of § 18.2-308.2:2, including definitions, procedures, and prohibitions, shall apply, mutatis mutandis, to the provisions of this section.

2016, cc. 44, 45; 2020, cc. 828, 1111, 1112.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 42 (Dealers in Firearms)
§ 54.1-4202. Penalties for violation of the provisions of this chapter.
Any person convicted of a first offense for willfully violating the provisions of this chapter shall be guilty of a Class 2 misdemeanor. Any person convicted of a second or subsequent offense under the provisions of this chapter shall be guilty of a Class 1 misdemeanor.

1989, c. 490.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 43 (ITINERANT MERCHANTS)
§ 54.1-4300. Definitions.
As used in this chapter, unless the context requires a different meaning:

"Infant formula" or "baby formula" means any food manufactured, packaged and labeled specifically for sale for consumption by a child under the age of two years.

"Itinerant merchant" means a merchant who transports an inventory of new merchandise to a building, vacant lot, or other location and who, at that location, displays, sells or offers to sell the new merchandise to the public. Itinerant merchant shall not include a merchant with an established store, regularly open to the public; a licensed merchant with a regularly serviced supply route or location; or a merchant who purchases merchandise directly from a manufacturer.

"New merchandise" means goods or products which are not used but are in a similar condition as the goods or products wholesaled by manufacturers or suppliers to established retail stores for first-time purchase by consumers. New merchandise shall not include (i) crafts or goods made by the seller or his own household; (ii) food stuffs; (iii) the seller's own household personal property; (iv) merchandise sold by nonprofit charitable, educational or religious organizations or at events sponsored by such organizations; or (v) merchandise sold during parades, festivals, sporting or entertainment events, civic or fundraising activities sponsored by nonprofit charitable, educational or religious organizations.

"Nonprescription drug" means any substances or mixture of substances containing medicines or drugs for which no prescription is required and which are generally sold for internal or topical use in the cure, mitigation, treatment, or prevention of disease in human beings.

1999, c. 701; 2002, cc. 138, 529.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 43 (ITINERANT MERCHANTS)
§ 54.1-4301. Records to be kept.
Every itinerant merchant shall keep an accurate and legible record of his acquisition of the new merchandise. The records of such acquisition shall be retained by the itinerant merchant for at least twelve months from the display, sale or offer for sale of new merchandise and shall set forth the following:

1. A complete description of the new merchandise, including but not limited to product name and quantity of the new merchandise;

2. The time, date, and place of the acquisition of the new merchandise;

3. The amount of money paid for the new merchandise; and

4. Evidence of the legitimate purchase of the new merchandise, including but not limited to a receipt or bill of lading.

1999, c. 701.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 43 (ITINERANT MERCHANTS)
§ 54.1-4302. Officer may examine records or property.
An itinerant merchant shall permit any local, state or federal law-enforcement officer to examine the records required pursuant to § 54.1-4301 and to inspect any article listed in the record.

1999, c. 701.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 43 (ITINERANT MERCHANTS)
§ 54.1-4303. Local ordinances.
Nothing in this chapter shall prevent any county, city or town in the Commonwealth from enacting an ordinance regulating itinerant merchants.

1999, c. 701.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 43 (ITINERANT MERCHANTS)
§ 54.1-4304. Bona fide purchaser.
Nothing in this chapter shall affect bona fide purchaser status as to title to new merchandise otherwise applicable to an itinerant merchant.

1999, c. 701.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 43 (ITINERANT MERCHANTS)
§ 54.1-4305. Prohibited sale of certain merchandise; penalty.
A. No itinerant merchant shall offer for sale or knowingly permit the sale of any infant formula, baby formula or nonprescription drugs. This section shall not apply to any person who maintains for public inspection a valid authorization identifying such person as an authorized representative of the manufacturer or distributor of the prohibited merchandise.

B. Any person convicted of violating this section shall be guilty of a Class 3 misdemeanor on the first offense. Upon conviction of any subsequent offense he shall be guilty of a Class 2 misdemeanor.

2002, cc. 138, 529.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 43 (ITINERANT MERCHANTS)
§ 54.1-4306. Penalties.
Except as otherwise provided in § 54.1-4305, any licensed itinerant merchant who violates any provision of this chapter shall be guilty of a Class 4 misdemeanor.

2004, c. 127.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4401. Applicability of chapter.
A. This chapter shall not be construed to prevent any person who is not licensed from:

1. Using the description "accountant" or "bookkeeper";

2. Stating that he practices accounting or bookkeeping;

3. Performing services involving the use of accounting skills;

4. Rendering tax services, or management advisory or consulting services;

5. Keeping the books of account and related accounting records; or

6. Preparing financial statements without providing assurance.

B. This chapter shall not be construed to prevent any person who is not licensed from stating that he has prepared, compiled, assembled or drafted a financial statement, provided he does not use any additional language that comprises an assurance or make any claims, representations, or statements prohibited by § 54.1-4414.

C. The prohibitions of § 54.1-4414 and the other provisions of this chapter shall not be construed to preclude any person who is not licensed from including a statement on financial statements indicating that no assurance is provided on the financial statements or using the following language: "I (We) have compiled the accompanying (financial statements) of (name of entity) as of (time period) and for the (period) then ended. A compilation is limited to presenting in the form of financial statements information that is the representation of management (owners). I (We) have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all (or certain) required disclosures (and the statement of cash flows). If the omitted disclosures were included in the financial statements, they might influence the user's conclusions about the (entity's) financial position, results of operations, and cash flows. Accordingly, these financial statements are not designed for those who are not informed about these matters."

D. The provisions of this chapter shall not be construed, interpreted, or applied to prohibit any public official or public employee from performing his duly authorized or mandated duties.

2001, c. 832; 2007, c. 804; 2015, c. 287.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4404. Board to employ Executive Director; legal counsel.
A. The Board shall employ an Executive Director who shall serve at the pleasure of the Board. The Executive Director shall direct the affairs of the Board; keep records of all proceedings, transactions, communications, and official acts of the Board; be custodian of all records of the Board; and perform such duties as the Board may require. The Executive Director shall call a meeting of the Board at the direction of the chair of the Board or upon the written request of three or more Board members. The Executive Director, with approval of the Board, may employ such additional staff as needed. The annual salary of the Executive Director shall be established by the Board.

B. The Office of the Attorney General shall provide counsel to the Board. In addition, subject to the approval of the Attorney General, the Board may, from time to time, employ such other counsel as it deems necessary.

2001, c. 832; 2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4405. Board of Accountancy Fund; receipts; disbursements.
A. The Board of Accountancy Fund (the Fund) is established as a special fund in the state treasury. All fees collected as provided in this chapter and regulations promulgated by the Board, shall be paid into the state treasury immediately upon collection and credited to the Fund. Any interest income shall accrue to the Fund. All disbursements from the Fund shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by an authorized officer of the Board or the Executive Director as authorized by the Board.

B. Notwithstanding any law to the contrary, the Board shall have the discretion to use the moneys in the Fund to support its operations as the Board deems appropriate.

2001, c. 832; 2007, c. 804.
Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4405.1. Board of Accountancy Trust Account; creation; expenditures; excess moneys.
A. There is hereby created in the state treasury a special nonreverting fund (except as set forth in subsection B), to be known as the Board of Accountancy Trust Account (the Trust Account). The purpose of the Trust Account is to provide a supplemental source of funds to the Board on a timely basis for (i) its use in the study, research, investigation, or adjudication of matters involving possible violations of the provisions of this chapter or regulations promulgated by the Board or (ii) any other purpose that the Board determines is germane to its statutory purposes and cannot otherwise be funded through the Fund. The Trust Account shall consist of transfers from time to time by the Board from the Fund and earnings on the Trust Account.

B. All disbursements from the Trust Account shall be made by the State Treasurer upon warrants of the Comptroller issued upon vouchers signed by an authorized officer of the Board or the Executive Director as authorized by the Board. Funds remaining in the Trust Account at the end of a biennium shall continue to remain in the Trust Account and accrue earnings. Upon a determination by the Board that the Trust Account balance exceeds the amount needed for the purposes set forth in subsection A, the Board may transfer the excess to the Fund.

2004, c. 602; 2007, c. 804.

Code of Virginia — Title 54.1 (Professions and Occupations), Chapter 44 (PUBLIC ACCOUNTANTS)
§ 54.1-4406. Powers and duties of the Executive Director.
Within the parameters of policies and guidelines established by the Board, the Executive Director shall have the power and duty to:

1. Employ personnel and assistance necessary for the operation of the Board and the purposes of this chapter;

2. Make and enter into all contracts and agreements necessary or incidental to the performance of the duties of the Board and the execution of its powers under this chapter, including, but not limited to, contracts with the United States government, with agencies and governmental subdivisions of the Commonwealth, and with other states;

3. Accept grants from the United States government, its agencies and instrumentalities and any other source, and to these ends, the Board shall have the power to comply with conditions and execute agreements that are necessary, convenient, or desirable;

4. Serve as the secretary of the Board;

5. Maintain all records of the Board;

6. Collect and account for all fees and deposit them into the Board of Accountancy Fund, from which the expenses of the Board shall be paid;

7. Enforce all statutes and regulations the Executive Director is required to administer;

8. Exercise other powers necessary to function as the sole administrative officer of the Board; and

9. Perform any additional administrative functions prescribed by the Board.

2001, c. 832; 2007, c. 804.