reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3062. Recording of license and revocation of license

§ 3062. Recording of license and revocation of license
Licenses granted by the selectboard members shall be signed by a majority of them and shall not be effectual until recorded in the office of the clerk of the town. The expense of recording shall be paid by the person receiving the same, but a charge shall not be made to the person for such license. If such license is revoked, a certificate thereof shall be recorded in the office of the clerk of the town and notice given to the person holding the same.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3063. Revocation by assistant judges of Superior Court

§ 3063. Revocation by assistant judges of Superior Court
If the selectboard members do not revoke a license granted by them when the public good so requires, the assistant judges of the Superior Court may vacate the same on application of the State’s Attorney of the county in which such license was granted. Six days’ notice in writing of the hearing on such application shall be given to the person licensed. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2017, No. 93 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3101. Registration records

§ 3101. Registration records
Each keeper of a hotel, inn, lodging house, or roadside camp or cabin shall keep or cause to be kept a record in which shall be recorded the true name and residence of each person engaging or occupying a private room containing a bed or couch or opening into a room containing a bed or couch for any period of the day or night, in any part of the premises controlled by the owner, manager, or lessee. Each keeper shall preserve such registration record for three years.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3102. False registration; failure to register

§ 3102. False registration; failure to register
A person shall not write, or cause to be written, or if in charge of the registration record, knowingly permit to be written, in any such registration record of any hotel, inn, lodging house, or roadside camp or cabin any other or different name or designation than the true name in ordinary use of the person registering or causing himself or herself to be registered therein. Nor shall any person occupying such room fail to register or fail to cause himself or herself to be so registered.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3141. Liability for loss

§ 3141. Liability for loss
If an innkeeper or hotel keeper provides a safe in his or her inn or hotel for the safekeeping of money, jewelry, and valuable papers and articles belonging to the guests of such inn or hotel and gives notice thereof by posting in a conspicuous place in the office and public parlors of such inn or hotel the fact that such safe is provided in which such property may be deposited, and a guest neglects to deliver or deposit therein any such property to the person apparently in charge of the office, such innkeeper or hotel keeper shall not be liable for the loss of any such property sustained by such guests, unless such loss occurs through want of ordinary care and diligence of such innkeeper or hotel keeper.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3142. Limitation on liability

§ 3142. Limitation on liability
No recovery in excess of $300.00 for loss of personal property shall be had by the guest of an hotel or inn, unless at the time of becoming such guest notice is given by such guest to the proprietor of such hotel or inn that the value of the property deposited by such guest is in excess of the sum of $300.00 with a statement of the value of such property and an offer to pay whatever sum may be required by such proprietor as compensation for the care of such property so deposited.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 83 - Innkeepers and Victualers › § 3143. Loss of samples, apparel, baggage; loss by fire or force

§ 3143. Loss of samples, apparel, baggage; loss by fire or force
(a) An innkeeper or hotel keeper shall not be liable for loss of or damage to articles known or used as “samples,” unless such loss occurs through want of ordinary care and diligence of such innkeeper or hotel keeper.
(b) An innkeeper or hotel keeper shall not be liable to a guest for the loss of wearing apparel or personal baggage unless such loss occurs through want of ordinary care and diligence of such innkeeper or hotel keeper.
(c) An innkeeper or hotel keeper shall not be liable for loss in case of fire or overwhelming force where such innkeeper or hotel keeper has exercised ordinary and reasonable care in the custody of the baggage or other property of the guest.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 84 - Energy-Efficient Standards for Light Bulbs › § 3153. Definitions

§ 3153. Definitions
For purposes of this chapter:
(1) “Department” means the Department of Public Service.
(2) “New product” means reflector incandescent and four-foot, eight-foot, and F40/U fluorescent light bulbs that are sold at retail, offered for retail sale, or installed within the State for the first time. (Added 1991, No. 259 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 84 - Energy-Efficient Standards for Light Bulbs › § 3154. Adoption of standards

§ 3154. Adoption of standards
(a)(1) Rulemaking authority. The Department of Public Service shall adopt by rule, modify, revise, update, and maintain Vermont energy-efficiency standards with respect to new products installed in the State by a contractor or other construction professional or sold at retail in the State. These standards in every instance shall be designed to ensure consumers’ easy access to new products that meet consumers’ needs and preferences and that will be cost effective. These shall be minimum standards and shall not preempt stricter standards otherwise duly established by State or local authority.
(2) Federal action. If federal legislation is passed prior to July 1, 1993 that requires adoption of light bulb standards that are substantially equivalent to those required under this chapter, and they are required to be in effect by July 1, 1995, the Department may forego adoption of the rules required under this chapter. If federal standards are not, in fact, in effect as of July 1, 1995, the Department shall proceed with adoption of standards required under this chapter.
(b) Standards for new products. By no later than July 1, 1993, the Department shall adopt rules establishing energy-efficiency standards for new products, so that each new product covered by those standards shall consume less power in watts per unit of light output in lumens than a maximum reference level to be established by the Department. These rules shall ensure that the standards allow for new products whose fit, availability, and performance are substantially the equivalent of products currently on the market and whose energy savings compensate for any increased cost. If substantially equivalent fit, availability, and performance is not readily attainable in these new products, the rules shall allow products currently on the market to continue to be sold at retail and installed by contractors and construction professionals in the State.
(c) Inventory. Notwithstanding the provisions of this chapter, a retailer may sell light bulbs from the retailer’s stock as it existed on the effective date of the prohibitions established in this chapter. (Added 1991, No. 259 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 84 - Energy-Efficient Standards for Light Bulbs › § 3155. Applicability

§ 3155. Applicability
Subject to the effective date provided by section 3154 of this title, no new product covered by this chapter may be sold at retail, offered for retail sale, imported for retail sale or use, or installed by a contractor or other construction professional in buildings or structures in the State unless the efficiency rating of the product meets or exceeds the levels established by this chapter. The rules shall provide for waiver of the requirements of this section in the event of lack of availability of products of any given category, or for other good cause. (Added 1991, No. 259 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 84 - Energy-Efficient Standards for Light Bulbs › § 3156. Test methods

§ 3156. Test methods
The manufacturer shall cause the testing of samples of each model of each product covered by this chapter in a manner consistent with any test methods established by rule of the Department. (Added 1991, No. 259 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 84 - Energy-Efficient Standards for Light Bulbs › § 3157. Certification statements

§ 3157. Certification statements
(a) Manufacturers of products covered by this chapter shall certify to the Department that those products are in compliance with the provisions of this chapter.
(b) Each product, or its packaging that is visible to a retail consumer, shall specify the product’s energy efficiency level in a manner established by rule of the Department.
(c) The Department may require, by rule, other information necessary to permit the determination that products covered by this chapter comply with the standards established by this chapter. (Added 1991, No. 259 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 84 - Energy-Efficient Standards for Light Bulbs › § 3158. Enforcement and penalties

§ 3158. Enforcement and penalties
(a) The Department may investigate complaints received concerning violations of this chapter and shall report the results of its investigation to the Attorney General or a State’s Attorney. The Attorney General or a State’s Attorney may institute proceedings to enjoin any person found to be violating the provisions of this chapter.
(b) The Department may cause periodic inspections to be made of manufacturers, distributors, or retailers of new products in Vermont in order to determine compliance with this chapter. The Department, by rule, may adopt procedures for inspection and verification of products.
(c) Any manufacturer, distributor, retailer, or contractor who, by a continuing course of conduct on his or her part, or on the part of an employee or agent, willfully violates any provision of this chapter is subject to a civil penalty of not more than $50.00. (Added 1991, No. 259 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 87 - Lime and Lard › § 3261. Packing and branding of lime

§ 3261. Packing and branding of lime
Lime packed in casks for sale shall be put into good and sufficient casks. Each cask shall be branded with the name of the town in which the lime was manufactured and the name of the manufacturer or vendor of the same.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 87 - Lime and Lard › § 3262. Penalties

§ 3262. Penalties
(a) A person who sells or offers for sale lime in a cask not branded as required by section 3261 of this title shall be fined $5.00.
(b) A person who defaces or changes a brand made as required by section 3261, or puts up for sale other lime than that which was first packed in the cask, branded as required by section 3261, to the injury of another person, shall be fined $5.00, and be liable to pay the damages to a person injured thereby.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 87 - Lime and Lard › § 3291. Compound lard

§ 3291. Compound lard
(a) A person by himself, herself, his or her agent, or servant shall not prepare, sell, or expose for sale lard or a substance intended for use as lard, which contains an ingredient other than the pure fat of swine, in a tierce, bucket, pail, or other package, under a label bearing the words “pure,” “refined,” or “family,” alone or in combination with other words, unless the package containing the same bears upon the outside thereof, in letters not less than a fourth of an inch long, the words “compound lard.”
(b) A person who violates the provision of subsection (a) of this section shall be fined not more than $50.00 for each offense.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3341. Sale of certain illuminating oils prohibited

§ 3341. Sale of certain illuminating oils prohibited
A person shall not mix for sale naphtha and illuminating oils or sell or offer for sale such mixture, or sell or offer for sale, except for purposes of remanufacture, illuminating oils made from coal or petroleum products that have a flash point of less than 100 degrees Fahrenheit. (Amended 1985, No. 65, eff. May 16, 1985.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3342. Penalties

§ 3342. Penalties
A person who violates a provision of section 3341 of this title shall be imprisoned not more than one month or fined not more than $100.00, or both. Such person shall also be liable to a person suffering damage from the explosion or ignition of such oil thus unlawfully sold, in a civil action on this statute.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3343. Forfeiture of unlawful oils

§ 3343. Forfeiture of unlawful oils
Such oil thus unlawfully sold, kept, or offered for sale, with the casks or packages containing the same, shall be forfeited and sold for the purposes of remanufacture. Half of the proceeds of such sale shall go to the State and the other half to the informer.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3344. Sale of naphtha as illuminating oil

§ 3344. Sale of naphtha as illuminating oil
A person who keeps or sells or offers for sale naphtha, under the name of oil, shall be liable to the penalties and subject to the liabilities contained in section 3342 of this title.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3345. Inspectors

§ 3345. Inspectors
The selectboard members of a town, or the trustees of a village, where oils are sold, upon the petition of five or more inhabitants, shall annually appoint one or more suitable persons, not interested in the sale of such oils, as inspectors thereof and fix their compensation, which shall be paid by the parties requiring their services.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3346. Oath, duties, and liabilities of inspector

§ 3346. Oath, duties, and liabilities of inspector
Before entering upon the duties of his or her office, an inspector shall be sworn, and when called upon by a vendor, purchaser, or by any officer mentioned in section 3348 of this title, to test such oils, shall do so with reasonable dispatch by applying the fire test as indicated and determined by Tagliabue’s pyrometer, or some instrument equally accurate.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3347. Fraud or negligence of inspector

§ 3347. Fraud or negligence of inspector
An inspector found guilty of fraud, deceit, or culpable negligence in inspecting such oils shall be imprisoned not more than one month or fined not more than $100.00, or both.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 89 - Oils and Gasoline Receptacles › § 3381. Labels and color of cans

§ 3381. Labels and color of cans
(a) A receptacle containing gasoline or benzol of capacity not more than five gallons, except a motor vehicle, motor boat, gasoline engine, gasoline stove or lamp, shall be painted red and be labeled “gasoline” or “benzol,” as the case may be, in letters of a contrasting color and of a height of not less than one-half inch, or shall bear a red label similarly lettered of sufficient size to be conspicuous. A person shall not keep gasoline or benzol in a receptacle not conforming to the requirements of this section.
(b) A person who violates a provision of subsection (a) of this section shall be fined not more than $50.00. (Amended 2021, No. 20, § 31.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 93 - Outdoor Advertising › § 3621. Administrative assistant and billboard clerk of outdoor advertising; appointment

§ 3621. Administrative assistant and billboard clerk of outdoor advertising; appointment
The Secretary of Transportation is authorized to appoint an administrative assistant and billboard clerk of outdoor advertising, and such assistants, clerical and otherwise as may be necessary, to prescribe the duties of the administrative assistant and billboard clerk, and, with the approval and consent of the Governor, to prescribe the salary for the administrative assistant. Said billboard clerk and such other assistants, clerical and otherwise, shall be included in and subject to the requirements of the classification and compensation plan of the personnel system authorized in 3 V.S.A. § 310. (Amended 1959, No. 238, § 1.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 93 - Outdoor Advertising › § 3683a. Agreement authorized

§ 3683a. Agreement authorized
(a) The Agency of Transportation is hereby directed to enter into an agreement before July 1, 1961, with the U.S. Secretary of Commerce as provided in the federal laws relating to the National System of Interstate and Defense Highways, but the agreement shall not apply to those segments of the interstate system that traverse commercial or industrial zones within the boundaries of incorporated municipalities as such boundaries existed on September 21, 1959, wherein the use of real property adjacent to the interstate system is subject to municipal regulation or control, or that traverse other areas where the land use as of September 21, 1959, was clearly established by State law as industrial or commercial. Such agreement shall continue valid and binding on all concerned notwithstanding jurisdiction thereof is transferred to an officer or agency of the United States other than the Secretary of Commerce.
(b) In addition to the agreement authorized by subsection (a) of this section, the Agency of Transportation is authorized and directed to enter into such further agreements with the Secretary of Commerce or any other appropriate officer or agency of the United States as may be necessary to continue the receipt of bonus payments and to prevent the loss of federal-aid highway funds under Public Law 89-285, and notwithstanding the provisions of subsection (a) of this section such agreement may, when necessary, apply to commercial and industrial areas.
(c) The Agency of Transportation is authorized and directed on behalf of this State to consult with the Secretary of Commerce or any other appropriate officer or agency of the United States relative to provisions for signs, displays, and devices permitted at appropriate distances from interchanges on the interstate system in accordance with 23 U.S.C. § 131(f) as revised by Public Law 89-285, dated October 22, 1965.
(d) The Agency of Transportation is authorized to adopt such rules and standards as may, in its judgment, be necessary to carry out the policy of this State as set forth in chapter 93, subchapter 2 of this title, provided the rules and standards are not less restrictive than any national standards promulgated by the U.S. Secretary of Commerce pursuant to Title 23 of the U.S. Code, or any other appropriate officer or agency of the United States. (Added 1961, No. 176, § 4, eff. June 28, 1961; amended 1966, No. 33 (Sp. Sess.), § 4, eff. March 12, 1966; 1967, No. 77, §§ 3, 5, eff. April 15, 1967; 2015, No. 23, § 92.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 93 - Outdoor Advertising › § 3688. Acquisition and compensation proceedings

§ 3688. Acquisition and compensation proceedings
Acquisition and compensation proceedings for the purposes of this subchapter shall be in accordance with the provisions of 19 V.S.A. chapter 5 but preliminary public hearings under 19 V.S.A. § 502 need not be conducted and business loss shall not be considered an item of compensable damages. (Added 1966, No. 33 (Sp. Sess.), § 8, eff. March 12, 1966; amended 1967, No. 77, § 8, eff. April 15, 1967.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 95 - Paints and Putty › § 3802. Paints, label to contain statement of contents

§ 3802. Paints, label to contain statement of contents
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, white lead, paint, or compound intended for use as such, shall label the same by a label printed in the English language and in clear and distinct gothic letters, stating, with substantial accuracy, the percent of white lead, oxide of zinc, red lead, water, pure linseed oil, or substitutes therefor, the name and percent of dryer used, the percent of colored matter and inert material used, the name and residence of the manufacturer of the paint, or of the distributor thereof, or of the party for whom the same is manufactured, the percent of solid and liquid material used, and the net measure of the contents of the container of all liquid or mixed paints, and the net weight of the contents of the package of all paste and semipaste paints sold by weight, or if sold by measure, the net measure of such package.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 95 - Paints and Putty › § 3803. Labeling of impure turpentine or linseed oil

§ 3803. Labeling of impure turpentine or linseed oil
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, turpentine or linseed oil that is not absolutely pure, shall label the same with the word “substitute” in plain, legible type.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 95 - Paints and Putty › § 3804. Labeling impure putty

§ 3804. Labeling impure putty
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, putty that is not pure linseed oil putty shall label the same with the word “substitute” in plain, legible type.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 95 - Paints and Putty › § 3805. Penalty for mislabeling

§ 3805. Penalty for mislabeling
A person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State paint or mixed paint, paste, or semipaste paint, or compound intended for use as such, white lead, linseed oil, turpentine, or putty, who violates the provisions of sections 3801-3804 of this title shall be fined not more than $100.00, nor less than $25.00 for each offense. However, a person, firm, or corporation that manufactures for sale, sells, or exposes for sale within this State, white lead, paint, or mixed paint, paste, or semipaste paint, containing ingredients other than those enumerated in section 3802 of this title shall not be deemed guilty of a violation of this chapter, in case the same is properly labeled, stating the quantity or amount of each and every ingredient used therein, the name and the place of residence of the manufacturer of the paint, or of the distributor thereof, or of the party for whom the same is manufactured, the percent of solid and liquid material used, and the net measure of the contents of the container of all liquid or mixed paints and the net weight of the contents of the package of all paste and semipaste paints sold by weight, or if sold by measure, the net measure of such package.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 95 - Paints and Putty › § 3806. Possession to be prima facie evidence of violation

§ 3806. Possession to be prima facie evidence of violation
The possession by a person, firm, or corporation dealing in an article or substance described in section 3805 of this title and not labeled as required by the provisions of this chapter, shall be considered prima facie evidence that the same is kept by such person, firm, or corporation in violation of the provisions of this chapter.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 95 - Paints and Putty › § 3807. Secretary of Agriculture, Food and Markets, general powers

§ 3807. Secretary of Agriculture, Food and Markets, general powers
The Secretary of Agriculture, Food and Markets shall have charge of the proper enforcement of the provisions of this chapter. The Secretary shall have access to all places of business, factories, stores, and buildings used for the manufacture or sale of paints, and may open and inspect any package, can, jar, tub, or other receptacle containing paints that might be sold, manufactured, or exposed for sale in violation of the provisions of this chapter. The Secretary may submit samples to the State laboratory of hygiene for analysis and inspection, under the same regulations and with the same restrictions as are provided for the analysis of alcohol. However, the Secretary shall pay for any samples so taken that are found from examination to conform to the provisions of this chapter. (Amended 2017, No. 83, § 161(2).)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3861. Pawnbroker defined

§ 3861. Pawnbroker defined
The word “pawnbroker” as used in this chapter includes any person, partnership, or corporation, loaning money on deposit or pledge of personal property, other than securities or written evidences of indebtedness; or doing business as furniture storage warehousepersons, and loaning and advancing money upon goods, wares, or merchandise pledged or deposited as collateral security.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3862. License required

§ 3862. License required
(a) A person shall not carry on the business of pawnbroker unless he or she has obtained a license so to do as provided in this section.
(b) The selectboard members of a town or the aldermen of a city may grant to such citizens as they deem proper, and who produce satisfactory evidence of their good character, a license authorizing such citizens to carry on the business of a pawnbroker. Such license shall designate the place in which such a person shall carry on such business, and such a person shall not carry on such business in any other place than the one designated in such license.
(c) A person who violates a provision of this section shall be fined $10.00 for each day of such violation. (Amended 2021, No. 20, § 32.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3863. Fees; bond; revocation of license

§ 3863. Fees; bond; revocation of license
A person receiving such license shall pay therefor the sum of $15.00 annually for the use of the town. Such license shall expire one year from the date thereof, and may be renewed on payment of the same sum. At the time of receiving such license, a licensee shall file a bond to the selectboard members or aldermen of such town or city, to be executed by the person so licensed, and by two responsible sureties or a bonding company in the penal sum of $500.00, which bond shall be conditioned for the faithful performance of the duties and obligations pertaining to the business so licensed, and the selectboard members or aldermen may revoke such license for cause.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3864. Action on bond

§ 3864. Action on bond
If a person is aggrieved by the misconduct of such licensed pawnbroker, and recovers judgment against him or her therefor, after the return, unsatisfied, either in whole or in part, of an execution issued upon such judgment, such person may maintain an action in his or her own name upon the bond of such pawnbroker, provided the court, upon application made for that purpose, shall grant such leave to prosecute.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3865. Records of a pawnbroker

§ 3865. Records of a pawnbroker
(a) In each year a pawnbroker makes loans or advances totaling over $2,500.00 for items pledged or deposited with the pawnbroker, he or she shall maintain the following records for each transaction in that year:
(1) a legible statement written at the time of the transaction stating the amount of money lent or advanced for the items, the time of the transaction, and the rate of interest to be paid, as applicable;
(2) a legible statement of the name, current address, telephone number, and vehicle license number of the person pledging or depositing the items;
(3) a legible written description and photograph, or alternatively a video, of the items;
(4) a photocopy of a government-issued identification card issued to the person pledging or depositing the items, if available.
(b) At all reasonable times, the records required under subsection (a) of this section shall be open to the inspection of law enforcement. A law enforcement agency shall make a reasonable effort to notify a pawnbroker before conducting an inspection pursuant to this section unless providing notice would interfere with a criminal investigation or any other legitimate law enforcement purpose.
(c) [Repealed.] (Amended 2011, No. 167 (Adj. Sess.), § 4, eff. May 18, 2012; 2013, No. 75, § 22a; eff. June 5, 2013; 2013, No. 196 (Adj. Sess.), § 1, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3866. Issuance of pawn ticket; lost tickets

§ 3866. Issuance of pawn ticket; lost tickets
At the time of making a loan, a pawnbroker shall deliver to the person pawning or pledging any goods, articles, or things a memorandum or note signed by him or her containing the substance of the entry required to be made in his or her book by section 3865 of this title, and a charge shall not be made or received by the pawnbroker for such entry, memorandum, or note. The holder of such memorandum or note shall be presumed to be the person entitled to redeem the pledge, and the pawnbroker shall deliver such article to the person so presenting such memorandum or note on payment of principal and interest. Should such ticket be lost or mislaid, the pawnor shall at once apply to the pawnbroker describing the article pawned, in which case it shall be the duty of the pawnbroker to permit such person to examine his or her books, and, on finding the entry for such ticket, note, or memorandum so lost, the pawnbroker shall issue a second or stop ticket for the same. In case such pawnor neglects so to apply and examine such books and receive such memorandum or note in the manner provided in this section, the pawnbroker shall deliver the pledge to any person producing such original ticket for the redemption thereof. This section shall not be so construed as to limit or affect such pawnbroker’s common law liability in cases where goods are stolen or other legal defects of title in the pledgor exist. (Amended 2021, No. 20, § 33.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3867. Rate of interest on loans

§ 3867. Rate of interest on loans
A pawnbroker shall not demand or receive a greater rate of interest than five percent per month or fraction of a month upon a loan not exceeding the sum of $50.00, nor more than three percent per month upon a loan exceeding the sum of $50.00; provided a charge of less than $0.15 shall not be made on any loan or pledge.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3868. Sale of pawned property

§ 3868. Sale of pawned property
A pawnbroker shall not sell pawned or pledged property until the same has remained six months in his or her possession without redemption, and upon such sale, shall keep a record of the date of such sale, the name and address of the purchaser, and the price paid, and such record shall be subject to inspection as other records of such pawnbroker.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3869. Application of proceeds of sale

§ 3869. Application of proceeds of sale
Surplus money, if any, arising from such sale, after deducting the amount of the loan and the interest then due on the same, shall be paid over after three months by the pawnbroker to the person who would be entitled to redeem the pledge in case such sale had not taken place.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3870. Pawning property of persons under eighteen

§ 3870. Pawning property of persons under eighteen
A person carrying on the business of pawnbroker in this State shall not accept a pledge or article of personal property offered by a person under 18 years of age without written authority of the parents or guardians of such minor.
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97 - Pawnbrokers › § 3871. Penalties

§ 3871. Penalties
(a) A licensee who violates a provision of sections 3863-3864 or 3866-3870 of this title shall be fined not more than $100.00 nor less than $10.00 for each offense.
(b) A pawnbroker or precious metal dealer who violates a provision of section 3865 or 3872 of this chapter:
(1) may be assessed a civil penalty not to exceed $1,000.00 for a first violation; and
(2) shall be fined not more than $25,000.00 for a second or subsequent violation. (Amended 2013, No. 75, § 22a, eff. June 5, 2013.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3881. Definitions

§ 3881. Definitions
As used in this chapter:
(1) “Antique” means an item, other than an item of jewelry, and including a collectible coin, that is:
(A) collected or desired due to age, rarity, condition, or other similar unique feature;
(B) purchased for the purpose of resale; and
(C) sold in the same unique form or condition as when it was purchased, and not for scrap.
(2) “Criminal history record” means all information documenting a natural person’s contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.
(3) “Disqualifying offense” means:
(A) a felony under:
(i) 13 V.S.A. chapter 47 (fraud);
(ii) 13 V.S.A. chapter 49 (fraud in commercial transaction);
(iii) 13 V.S.A. chapter 57 (larceny and embezzlement); or
(iv) 18 V.S.A. chapter 84 (possession and control of regulated drugs); or
(B) a violent felony under 18 V.S.A. § 4474g(e); or
(C) one of the following misdemeanors, if a conviction for the misdemeanor occurred within the ten years preceding the date on which the convicted person applies for a certification to do business as a precious metal dealer:
(i) petit larceny in violation of 13 V.S.A. § 2502;
(ii) receipt of stolen property in violation of 13 V.S.A. § 2561;
(iii) false pretenses or tokens in violation of 13 V.S.A. § 2002;
(iv) burglary in violation of 13 V.S.A. § 1201; or
(v) false tokens in violation of 13 V.S.A. § 2003; or
(D) a violation of this chapter punishable under subdivision 3890(c)(2) of this title.
(4) “Engaged in the business of purchasing or selling precious metal” means conducting a regular course of trade in precious metal with retail buyers or sellers, and does not include:
(A) retail trade in new precious metal;
(B) trade in precious metal that is exclusively wholesale, including business-to-business transactions for precious metal used in medical and dental applications; or
(C) trade in precious metal commodities for the purpose of investment, including bullion, commodities funds, or commodities futures.
(5) “Precious metal” means used gold, silver, platinum, palladium, coins sold for more than face value, jewelry, or similar items, but does not include an antique.
(6)(A) “Precious metal dealer” means a person who:
(i) has a physical presence in this State, whether temporary or permanent;
(ii) is engaged in the business of purchasing or selling precious metal; and
(iii) purchases or sells $2,500.00 or more of precious metal in a consecutive 12-month period.
(B) “Precious metal dealer” does not include a charitable organization that is qualified as tax exempt under 26 U.S.C. § 501.
(7) “Principal” means a natural person who is a director, officer, member, manager, partner, or creditor. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3882. Certification required

§ 3882. Certification required
(a) Certification from the Department of Public Safety is required to conduct business as a precious metal dealer in this State.
(b) An application for certification shall include for each applicant and its principals:
(1) the name, address, telephone number, and valid e-mail address or other electronic contact information;
(2) the name of, and the nature of the affiliation with, any business involving the purchase or sale of precious metal within the past five years;
(3) the age, date, and place of birth of each natural person;
(4) the residential address and place of employment of each natural person; and
(5) any crime of which a natural person has been convicted and the date and place of conviction.
(c) The Department shall not issue or renew a certification if an applicant or one of its principals has been convicted on or after January 1, 2015 of a disqualifying offense.
(d)(1) Prior to issuing or renewing a certification pursuant to this section, the Department shall obtain a Vermont criminal history record, an out-of-state criminal history record, and a criminal history record from the Federal Bureau of Investigation for an applicant and each of its principals.
(2) A person for whom a record is requested shall consent to the release of criminal history records to the Department on forms substantially similar to the release forms developed in accordance with 20 V.S.A. § 2056c.
(3) Upon obtaining a criminal history record, the Department shall promptly provide a copy of the record to the person who is the subject of the record and shall inform the person of the right to appeal the accuracy and completeness of the record pursuant to rules adopted by the Department.
(4) The Department shall comply with all laws regulating the release of criminal history records and the protection of individual privacy.
(5) No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this chapter. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3883. Fees; renewal; revocation of certification

§ 3883. Fees; renewal; revocation of certification
(a)(1) A person who applies for certification pursuant to section 3882 of this title shall pay a nonrefundable fee of $200.00 to the Department of Public Safety.
(2) A certification shall expire two years from the date it is issued, and may be renewed upon payment of $200.00 and approval of the Department.
(3) A fee collected under this section shall be deposited into a precious metal dealers certification account within the appropriate public safety special fund, which shall be used by the Commissioner of Public Safety to administer the precious metal dealer certification process established in section 3882 of this title.
(b) The Department may revoke a certification for cause at any time during the period of the certification after notice and a hearing pursuant to 3 V.S.A. chapter 25.
(c)(1) The Department shall revoke a certification upon the conviction, on or after January 1, 2015, for a disqualifying offense by a precious metal dealer or one of its principals.
(2) The Department may revoke a certification upon the conviction, on or after January 1, 2015, for a disqualifying offense by an employee of a precious metal dealer acting within his or her scope of employment when he or she committed the offense.
(d) A precious metal dealer shall prominently display his or her certification number at his or her place of business, and shall include his or her certification number in each advertisement, in any medium, that promotes the business or services of the precious metal dealer. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3884. Private right of action

§ 3884. Private right of action
A person injured by a precious metal dealer’s violation of this chapter may bring an action against the dealer for damages arising from the violation. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3885. Records of a precious metal dealer

§ 3885. Records of a precious metal dealer
(a) For each item of precious metal sold to a precious metal dealer, he or she shall:
(1) assign a distinct entry number or, in the case of a lot of items, an entry number for the lot and a sub-lot number for each unmatched item in the lot;
(2) maintain the following records for each item or lot of items:
(A) the amount of money paid and the date and time of the transaction;
(B) the name, current address, and telephone number of the seller;
(C) a legible description written on the day of the transaction that includes for each item any distinguishing mark and name of any kind, such as brand and model name, model and serial number, engraving, etching, affiliation with any institution or organization, date, initials, color, vintage, or image represented;
(D) a digital photograph or video, taken at the time of the transaction, that references the entry number required under subdivision (a)(1) of this section and the date of the transaction;
(E)(i) a government-issued identification card issued to the seller that bears his or her photograph; or
(ii) a government-issued identification card and a digital photograph of the seller’s face; and
(F) documentation of lawful ownership, including a bill of sale, receipt, letter of authorization, or similar evidence, provided that if these forms of documentation are unavailable, the seller shall submit an affidavit of ownership.
(b) A precious metal dealer who sells $50,000.00 or more of precious metal in a consecutive 12-month period shall maintain the records required in this section in a computerized format that can be readily accessed, electronically transmitted, and reproduced in physical form.
(c)(1) A precious metal dealer shall retain the records required in this section for at least three years at his or her normal place of business or other readily accessible and secure location.
(2) At all reasonable times, the records required under this section shall be open to the inspection of law enforcement. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3886. Holding period

§ 3886. Holding period
A precious metal dealer shall retain precious metal that he or she purchases for no fewer than 10 days before offering an item for sale or for scrap, and he or she shall not remove an item from the State prior to the expiration of this 10-day period. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3887. Purchase of precious metal from persons under 18 years of age

§ 3887. Purchase of precious metal from persons under 18 years of age
A precious metal dealer shall not purchase precious metal offered for sale by a person under 18 years of age. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3888. Method of payment

§ 3888. Method of payment
In each transaction of $25.00 or more, a precious metal dealer shall pay only by check, draft, or money order for precious metal purchased for the purpose of resale. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3889. Stolen property notification system

§ 3889. Stolen property notification system
(a) The Department of Public Safety shall develop and implement a statewide stolen property notification system, the purpose of which shall be to facilitate timely electronic communication concerning the reported theft of precious metal among precious metal dealers and law enforcement agencies throughout the State.
(b)(1) Upon receiving an official report of theft of precious metal, the Department shall use the System to contact each precious metal dealer at the e-mail address provided pursuant to subdivision 3882(b)(1) of this title and each law enforcement agency that provides an e-mail address for that purpose.
(2) The Department shall include in its notification any information it determines in its discretion is appropriate to assist precious metal dealers and law enforcement agencies in identifying stolen precious metal and in expediting both the return of the stolen property to its owner and the identification and apprehension of suspects.
(3) Notwithstanding subdivision (2) of this subsection, the Department shall redact any personally identifiable information in a notification issued pursuant to this section concerning the identity or any communications with a purported victim and any precious metal dealer unless the victim or dealer expressly waives confidentiality in a writing submitted to the Department for that purpose. (Added 2013, No. 196 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 9 - Commerce and Trade › Chapter 97A - Precious Metal Dealers › § 3890. Penalties

§ 3890. Penalties
(a) Except as otherwise provided in this section, a person who violates a provision of this chapter shall be assessed a civil penalty of not more than $1,000.00.
(b) A person who operates as a precious metal dealer without the certification required by section 3882 of this title shall be:
(1) for a first offense, imprisoned for not more than six months or fined not more than $10,000.00, or both;
(2) for a second or subsequent offense, imprisoned not more than three years or fined not more than $50,000.00, or both.
(c) A person who violates a provision of sections 3885-3888 of this title shall be:
(1) for a first offense, imprisoned for not more than six months or fined not more than $10,000.00, or both;
(2) for a second or subsequent offense, imprisoned not more than three years or fined not more than $50,000.00, or both.
(d) The Attorney General or a State’s Attorney shall have the authority to pursue an injunction to prohibit the conduct of a person in violation of this chapter.
(e) For purposes of this section, each transaction in which a person violates a provision of this chapter shall constitute a single violation, regardless of the number of violations of this chapter that occur in the transaction. (Added 2013, No. 196 (Adj. Sess.), § 3, eff. Jan. 1, 2015.)