reglab/statecodes huggingface dataset:
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 26 - Telephone Fraud Prevention Act › Section 5 - Right of rescission -- Cancellation.

Effective 5/4/2022
13-26-5.
Right of rescission -- Cancellation.
(1) As used in this section, "business day" means a day other than Sunday or a federal or state holiday.
(2)
(a) Except as provided in Subsections (2)(b) and (c), in addition to any right to otherwise revoke an offer, a person who makes a purchase from a seller may cancel the sale before midnight of the third business day after the day on which the person receives the merchandise or premium, whichever is later, provided the seller or the seller's solicitor advises the purchaser of the purchaser's cancellation rights under this chapter at the time the solicitation is made.
(b) If the seller or the seller's solicitor fails to orally advise a purchaser of the right to cancel under this section at the time of a solicitation, the purchaser's right to cancel is extended to 90 days.
(c) If the seller or the seller's solicitor fails to orally advise a purchaser of the seller's or the seller's solicitor's legal name, telephone number, and complete address at the time of a solicitation, the purchaser may cancel the sale at any time.
(d) Except as provided in Subsection (5), a seller shall provide a full refund to a purchaser who cancels a sale in accordance with this section.
(3) A purchaser may cancel a sale by:
(a) mailing a notice of cancellation to the seller or seller's solicitor's correct address, postage prepaid; or
(b) if the seller or the seller's solicitor fails to provide the purchaser with the seller's or the seller's solicitor's correct address, sending a notice of cancellation to the division's office, postage prepaid.
(4)
(a) If a purchaser cancels a sale and the seller or the seller's solicitor provides the purchaser with the seller's correct address, the purchaser shall, within seven business days after the day on which the purchaser exercises the right to cancel, make a reasonable attempt to:
(i) if the canceled sale involves durable goods, return the goods to the seller; or
(ii) if the canceled sale involves expendable goods, return any unused portion of the goods to the seller.
(b) If the seller or the seller's solicitor fails to provide to a purchaser the seller's correct address, a purchaser who cancels a sale is not required to return any canceled goods to the seller.
(5)
(a) If the purchaser who cancels a sale has used any portion of the services or goods purchased, the purchaser shall provide the seller a reasonable allowance for the value given.
(b) A seller may deduct the reasonable allowance described in Subsection (5)(a) from any refund due the purchaser.
Amended by Chapter 324, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 26 - Telephone Fraud Prevention Act › Section 8 - Penalties.

Effective 5/4/2022
13-26-8.
Penalties.
(1)
(a) A seller or solicitor who violates a provision of this chapter is guilty of:
(i) a class B misdemeanor for a first violation;
(ii) if the seller or solicitor has one prior violation of this chapter, a class A misdemeanor; and
(iii) if the seller or solicitor has two prior violations of this chapter, a third-degree felony.
(b) For the purposes of Subsection (1)(a), a prior violation includes:
(i) a final prior conviction;
(ii) a final determination by a court of competent jurisdiction; or
(iii) a final determination in an administrative adjudicative proceeding.
(2) A person who violates a provision of this chapter is subject to a civil penalty in a court of competent jurisdiction of up to $2,500 for each violation of this chapter.
(3)
(a) The division may:
(i) in accordance with Title 63G, Chapter 4, Administrative Procedures Act, conduct an administrative proceeding to enforce the provisions of this chapter;
(ii) bring a court action to enforce the provisions of this chapter; and
(iii) in addition to other penalties described in this chapter, issue a cease and desist order and impose an administrative fine of up to $2,500 for each violation of this chapter.
(b) For purposes of this section, each telephone solicitation made in violation of this chapter is a separate violation.
(4) The division shall deposit all administrative fines and civil penalties collected under this chapter into the Consumer Protection Education and Training Fund created in Section 13-2-8.
Amended by Chapter 324, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 26 - Telephone Fraud Prevention Act › Section 10 - Provisions of chapter not exclusive.

13-26-10.
Provisions of chapter not exclusive.
The remedies, duties, prohibitions, and penalties of this chapter are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.
Enacted by Chapter 184, 1991 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 26 - Telephone Fraud Prevention Act › Section 11 - Prohibited practices.

Effective 5/4/2022
13-26-11.
Prohibited practices.
(1) It is unlawful for a seller to:
(a) solicit a prospective purchaser if the seller is not registered with the division or exempt from registration under this chapter;
(b) in connection with a telephone solicitation or a filing with the division, make or cause to be made a false material statement or fail to disclose a material fact necessary to make the seller's statement not misleading;
(c) make or authorize the making of a misrepresentation to a purchaser or prospective purchaser about the seller's compliance with this chapter;
(d) fail to refund within 30 days any amount due a purchaser who exercises the right to cancel under Section 13-26-5;
(e) unless the seller is exempt under Section 13-26-4, fail to orally advise a purchaser of the purchaser's right to cancel under Section 13-26-5;
(f) employ an inmate in a correctional facility for telephone soliciting operations when the employment would give the inmate access to an individual's personal data, including the individual's name, address, telephone number, Social Security number, credit card information, or physical description; or
(g) cause or permit a solicitor to violate a provision of this chapter.
(2) It is unlawful for a solicitor to:
(a) use a fictitious personal name in connection with a telephone solicitation;
(b) in connection with a telephone solicitation, make or cause to be made a false material statement or fail to disclose a material fact necessary to make the solicitor's statement not misleading;
(c) make a misrepresentation to a purchaser or prospective purchaser about the solicitor's compliance with this chapter; or
(d) unless the solicitor is exempt under Section 13-26-4, fail to orally advise a purchaser of the purchaser's right to cancel under Section 13-26-5.
(3) If a person knows or has reason to know that a seller or solicitor is engaged in an act or practice that violates this chapter, it is unlawful for the person to:
(a) benefit from the seller's or solicitor's services; or
(b) provide substantial assistance or support to the seller or solicitor.
Amended by Chapter 324, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 26 - Telephone Fraud Prevention Act › Section 12 - Consumer complaints are public.

Effective 5/4/2022
13-26-12.
Consumer complaints are public.
(1) As used in this section, "consumer complaint" means a complaint that:
(a) a person files with the division;
(b) alleges facts relating to conduct that the division regulates under this chapter; and
(c)
(i) alleges a loss to the person described in Subsection (1)(a) of $3,500 or more; or
(ii) is one of at least 50 complaints filed with the division:
(A) against the same person; and
(B) during the four-year period immediately before the day on which the person described in Subsection (1)(a) files the complaint.
(2) For purposes of determining the number of complaints against the same person under Subsection (1)(c)(ii)(A), the division may consider complaints filed against multiple corporations, limited liability companies, partnerships, or other business entities under common ownership to be complaints against the same person.
(3) Notwithstanding Subsection 13-11-7(2) and subject to Subsections (4) and (5), a consumer complaint:
(a) is a public record; and
(b) may not be classified as a private, controlled, or protected record under Title 63G, Chapter 2, Government Records Access and Management Act.
(4) Subsection (3) does not apply to a consumer complaint:
(a) that is nonmeritorious, beginning the day on which:
(i) the division determines through an administrative proceeding that the consumer complaint is nonmeritorious; or
(ii) a court of competent jurisdiction finds the consumer complaint nonmeritorious; or
(b) that is on file with the division for more than four years after the day on which the person files the consumer complaint.
(5) Before making a consumer complaint that is subject to Subsection (3) or a response described in Subsection (6) available to the public, the division:
(a) shall redact from the consumer complaint or response any information that would disclose:
(i) the filer's:
(A) address;
(B) Social Security number;
(C) bank account information;
(D) email address; or
(E) telephone number; or
(ii) information similar in nature to the information described in Subsection (5)(a)(i); and
(b) may redact the name of the filer and any other information that could, in the division's judgment, disclose the identity of the filer filing the consumer complaint.
(6) A person's initial, written response to a consumer complaint that is subject to Subsection (3) is a public record.
Amended by Chapter 324, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 28 - Prize Notices Regulation Act › Section 2 - Definitions.

13-28-2.
Definitions.
For the purpose of this part:
(1) "Division" means the Division of Consumer Protection in the Department of Commerce.
(2) "Prize" means a gift, award, or other item or service of value.
(3)
(a) "Prize notice" means a notice given to an individual in this state that satisfies all of the following:
(i) is or contains a representation that the individual has been selected or may be eligible to receive a prize; and
(ii) conditions receipt of a prize on a payment or donation from the individual or requires or invites the individual to make a contact to learn how to receive the prize or to obtain other information related to the notice.
(b) "Prize notice" does not include:
(i) a notice given at the request of the individual; or
(ii) a notice informing the individual that he or she has been awarded a prize as a result of his actual prior entry in a game, drawing, sweepstakes, or other contest if the individual is awarded the prize stated in the notice.
(4) "Solicitor" means a person who represents to an individual that the individual has been selected or may be eligible to receive a prize.
(5) "Sponsor" means a person on whose behalf a solicitor gives a prize notice.
(6) "Verifiable retail value" of a prize means:
(a) a price at which the solicitor or sponsor can demonstrate that a substantial number of the prizes have been sold by a person other than the solicitor or sponsor in the trade area in which the prize notice is given; or
(b) if the solicitor or sponsor is unable to satisfy Subsection (6)(a), no more than 1.5 times the amount the solicitor or sponsor paid for the prize.
Amended by Chapter 324, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 28 - Prize Notices Regulation Act › Section 3 - Notice requirement.

13-28-3.
Notice requirement.
If a solicitor represents to an individual that he has been selected or may be eligible to receive a prize, the solicitor may not request, and the solicitor or sponsor may not accept, a payment from the individual in any form before the individual receives a written prize notice that contains all of the information required under Subsection 13-28-4(1) presented in the manner required under Subsections 13-28-4(2) through (6).
Amended by Chapter 131, 2003 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 28 - Prize Notices Regulation Act › Section 5 - Sales presentations.

13-28-5.
Sales presentations.
If a prize notice requires or invites an individual to view, hear, or attend a sales presentation in order to claim a prize, the sales presentation may not begin until the solicitor does all of the following:
(1) informs the individual of the prize, if any, that has been selected to be received by or awarded to the individual; and
(2) if the individual has been awarded a prize, delivers to the individual the prize or the item selected by the individual under Section 13-28-6 if the prize is not available.
Enacted by Chapter 196, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 28 - Prize Notices Regulation Act › Section 6 - Prize awards -- Options if unavailable.

13-28-6.
Prize awards -- Options if unavailable.
(1) A solicitor who represents to an individual in a written prize notice that the individual has been awarded a prize shall provide the prize to the individual unless the prize is not available. If the prize is not available, the solicitor shall provide the individual with any one of the following items selected by the individual:
(a) any other prize listed in the written prize notice that is available and that is of equal or greater value;
(b) the verifiable retail value of the prize in the form of cash, a money order, or a certified check; or
(c) a voucher, certificate, or other evidence of obligation stating that the prize will be shipped to the individual within 30 days at no cost to the individual.
(2) If a voucher, certificate, or other evidence of obligation delivered under Subsection (1)(c) is not honored within 30 days, the solicitor shall deliver to the individual the verifiable retail value of the prize in the form of cash, a money order, or a certified check. The sponsor shall make the payment to the individual if the solicitor fails to do so.
Enacted by Chapter 196, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 28 - Prize Notices Regulation Act › Section 7 - Penalties -- Administrative and criminal.

13-28-7.
Penalties -- Administrative and criminal.
(1) Any person who violates this chapter shall be subject to:
(a) a cease and desist order; and
(b) an administrative fine of not less than $100 or more than $5,000 for each separate violation.
(2) All administrative fines shall be deposited in the Consumer Protection Education and Training Fund created in Section 13-2-8.
(3) Any person who intentionally violates this part is guilty of a class A misdemeanor and may be fined up to $10,000. A person intentionally violates this part if the violation occurs after the division, attorney general, or a district or county attorney notifies the person by certified mail that he is in violation of this chapter.
Enacted by Chapter 196, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 28 - Prize Notices Regulation Act › Section 8 - Enforcement.

13-28-8.
Enforcement.
(1) The division shall investigate and assess administrative fines for violations of this chapter.
(2) Upon referral from the division, the attorney general or any district or county attorney may:
(a) bring an action for temporary or permanent injunctive or other relief in any court of competent jurisdiction for any violation of this part. The court may, upon entry of final judgment, award restitution when appropriate to any person suffering loss because of a violation of this part if proof of loss is submitted to the satisfaction of the court;
(b) bring an action in any court of competent jurisdiction for the collection of penalties authorized under Subsection 13-28-7(1); or
(c) bring an action under Subsection 13-28-7(3).
Enacted by Chapter 196, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 28 - Prize Notices Regulation Act › Section 9 - Private action.

13-28-9.
Private action.
In addition to any other remedies, a person suffering pecuniary loss because of a violation by another person of this chapter may bring an action in any court of competent jurisdiction and may recover:
(1) the greater of $500 or twice the amount of the pecuniary loss; and
(2) court costs and reasonable attorney's fees as determined by the court.
Enacted by Chapter 196, 1995 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 31 - Mold Retention and Lien Act › Part 1 - General Provisions › Section 102 - Definitions.

13-31-102.
Definitions.
As used in this chapter:
(1) "All rights and title" does not include rights or title in patents or copyrights.
(2) "Customer" means a person that:
(a) causes a molder to fabricate, cast, or otherwise make a mold; or
(b) provides a molder with a mold to make a product for the customer.
(3) "Make" includes to manufacture, assemble, cast, or fabricate.
(4) "Mold" includes a die, form, or pattern.
(5)
(a) "Molder" means a person that makes or uses a mold for the purpose of making a product for a customer.
(b) "Molder" includes a tool or die maker.
Enacted by Chapter 349, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 31 - Mold Retention and Lien Act › Part 1 - General Provisions › Section 103 - Relationship to federal law.

13-31-103.
Relationship to federal law.
This chapter does not affect any right of a customer under federal law related to patent, copyright, or unfair competition.
Enacted by Chapter 349, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 31 - Mold Retention and Lien Act › Part 2 - Retention of Molds › Section 201 - Ownership rights to molds.

13-31-201.
Ownership rights to molds.
(1) Unless otherwise agreed to by the molder and the customer, the customer has all rights and title to a mold in the possession of the molder.
(2) If a customer does not claim possession from a molder of a mold within three years following the last prior use of the mold, all rights and title to the mold may be transferred to the molder in accordance with Section 13-31-202 for the purpose of destroying or otherwise disposing of the mold.
Enacted by Chapter 349, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 31 - Mold Retention and Lien Act › Part 2 - Retention of Molds › Section 202 - Transfer of ownership to molder.

13-31-202.
Transfer of ownership to molder.
(1) If a customer does not claim possession from a molder of a mold within three years following the last prior use of the mold, the molder may transfer all rights and title to the mold in accordance with this section.
(2)
(a) Prior to obtaining all rights and title to the mold, the molder shall send written notice by registered mail to the last-known address of the customer notifying the customer that the molder is terminating the customer's rights and title to the mold.
(b) The notice required under Subsection (2)(a) shall disclose the rights of the customer under Subsection (3).
(3) All rights and title of the customer to the mold are transferred to the molder 120 days from the date the notice required by Subsection (2)(a) is sent unless the customer:
(a) responds in person or by mail to claim possession of the mold within the 120-day period; or
(b) makes other contractual arrangements with the molder for the storage of the mold.
(4) After rights and title to a mold are transferred to the molder under Subsection (2), the molder may destroy or otherwise dispose of the mold without liability to the customer.
Enacted by Chapter 349, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 31 - Mold Retention and Lien Act › Part 2 - Retention of Molds › Section 203 - Scope of part.

13-31-203.
Scope of part.
In determining whether a customer has claimed possession of a mold within three years following the last prior use, a molder may include any period following the last prior use of a mold even if that period is prior to May 4, 1998.
Enacted by Chapter 349, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 31 - Mold Retention and Lien Act › Part 3 - Mold Liens › Section 301 - Mold liens.

13-31-301.
Mold liens.
(1) If a molder has possession of a mold belonging to a customer, the molder has a lien on the mold for the balance due from the customer for:
(a) work for the customer involving the mold; and
(b) the value of all materials related to work described in Subsection (1)(a).
(2)
(a) Prior to enforcing the lien, the molder shall deliver or send written notice by registered mail to the last-known address of the customer notifying the customer that the molder intends to enforce the lien.
(b) The notice required by Subsection (2)(a) shall:
(i) state that the lien is claimed for damages for failure to pay under a contract for work for the customer involving the mold;
(ii) include a demand for payment; and
(iii) be accompanied by the written contract, if any, for the work performed for the customer.
(3) If the molder is not paid the amount due within 60 days from the day the notice required by Subsection (2) is received by the customer, the molder may sell the mold at a public auction in accordance with Section 13-31-302.
Enacted by Chapter 349, 1998 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 31 - Mold Retention and Lien Act › Part 3 - Mold Liens › Section 302 - Sale of molds for payment of lien.

13-31-302.
Sale of molds for payment of lien.
(1)
(a) Prior to selling a mold, the molder shall send written notice by registered mail to the last-known address of the customer.
(b) The notice required by Subsection (1)(a) shall include:
(i) the molder's intention to sell the mold 30 days from the day the customer received the notice;
(ii) the description of the mold to be sold;
(iii) the time and place of the sale; and
(iv) an itemized statement for the amount due the molder from the customer.
(c) A molder shall publish notice of the molder's intention to sell a mold in a newspaper of general circulation covering the customer's last-known address and as required in Section 45-1-101 if:
(i) the receipt of the mailing of the notice described in Subsection (1)(a) is not returned; or
(ii) the postal service returns the notice described in Subsection (1)(a) as being nondeliverable.
(d) The notice provided for in Subsection (1)(c) shall include a description of the mold.
(2) A molder may sell a mold 30 days from the later of the day:
(a) the customer received the notice in accordance with Subsection (1)(a); or
(b) the date the molder published the notice under Subsection (1)(c).
(3) If from the sale of a mold under this section the molder receives an amount in excess of the amount of the lien, the excess shall be paid as follows:
(a) to any prior lienholder known to the molder at the time of the sale; and
(b) after paying any lienholder under Subsection (3)(a), the remainder:
(i) if the customer's address is known at the time of sale, to the customer; or
(ii) if the customer's address is not known at the time of sale, to the state in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32 - Swap Meets and Flea Markets Act › Section 102 - Definitions.

13-32-102.
Definitions.
(1) "Manufacturer's or distributor's representative" means a person who has available for public inspection written proof of authorization from the manufacturer or distributor of a product to offer that product for public retail sale.
(2) "New and unused property" means tangible personal property that:
(a) was acquired by the vendor directly from the producer, manufacturer, wholesaler, or retailer of that property in the ordinary course of business;
(b) has never been used since its production or manufacturing; and
(c) if the property was packaged when originally produced or manufactured, is in its original and unopened package or container.
(3)
(a) "Swap meet" or "flea market" means an event at which personal property is offered for sale or exchange:
(i) by two or more persons and a fee is charged to vendors for the privilege of offering or displaying such personal property or to prospective buyers for admission to the area where such personal property is offered or displayed for sale; or
(ii) if the event is held more than six times in any 12-month period, regardless of the number of persons offering or displaying personal property or the absence of fees.
(b) The terms "swap meet" and "flea market" do not include any events:
(i) that are organized for the exclusive benefit of any community chest, fund, foundation, association, or corporation organized and operated exclusively for religious, educational, or charitable purposes; or
(ii) at which all of the personal property offered for sale or displayed is new and unused property, and all persons selling, exchanging, offering, or displaying the personal property are manufacturer's or distributor's representatives.
(4) "Vendor" means a person who offers for sale or exchange six or more like items of new and unused property at a swap meet or flea market in this state.
Enacted by Chapter 68, 1999 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32 - Swap Meets and Flea Markets Act › Section 103 - Prohibited sales.

13-32-103.
Prohibited sales.
A vendor who is not a manufacturer's or distributor's representative may not sell or offer for sale or exchange at a swap meet or flea market any:
(1) food product which is manufactured and packaged specifically for consumption by a child under two years of age;
(2) nonprescription or over-the-counter drug or medication other than herbal products, dietary supplements, botanical extracts, or vitamins; or
(3) cosmetic or personal care product which has an expiration date.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32 - Swap Meets and Flea Markets Act › Section 104 - Receipts and transaction records -- Retention of receipts and transaction records.

13-32-104.
Receipts and transaction records -- Retention of receipts and transaction records.
(1) Every vendor shall maintain receipts or a permanent record book for the acquisition of new and unused property which shall contain:
(a) the date of the transaction on which the property was acquired;
(b) the name and address of the person from whom the property was acquired;
(c) an identification and description of the property acquired;
(d) the price paid for such property; and
(e) the signatures of the person selling the property and the vendor.
(2) The receipt or record for each transaction required by Subsection (1) shall be maintained by the vendor for a period of not less than one year following the date of the transaction.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32 - Swap Meets and Flea Markets Act › Section 105 - Violations.

13-32-105.
Violations.
(1) It is a violation of this chapter for any vendor, required to maintain receipts or records under Section 13-32-104, to knowingly:
(a) falsify, obliterate, or destroy the receipts or records;
(b) refuse or fail to make such receipts available for inspection, upon the request of a law enforcement officer, within a reasonable period of time under the circumstances surrounding the request; or
(c) present credentials pursuant to the requirements of this chapter which are false, fraudulent, forged, or fraudulently obtained.
(2) Nothing contained within this section shall be construed to require a vendor to possess the receipts or records required by Section 13-32-104 on or about the vendor's person without reasonable notice.
Enacted by Chapter 68, 1999 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32 - Swap Meets and Flea Markets Act › Section 107 - Exemptions.

13-32-107.
Exemptions.
The provisions of this chapter do not apply to:
(1) the sale of a motor vehicle or trailer that is required to be registered or is subject to the certificate of title laws of this state;
(2) the sale of agricultural products, forestry products, livestock, or food products other than those which are manufactured and packaged specifically for consumption by a child under two years of age;
(3) business conducted at any industry or association trade show;
(4) the sale of arts or crafts by the person who produced such arts and crafts; and
(5) anyone who displays only samples, catalogs, or brochures and sells property for future delivery.
Amended by Chapter 378, 2010 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 101 - Title.

Effective 5/4/2022
13-32a-101.
Title.
This chapter is known as the "Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act."
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 102.5 - Administration and enforcement.

13-32a-102.5.
Administration and enforcement.
(1) The division shall administer and enforce this chapter in accordance with the authority under Title 13, Chapter 2, Division of Consumer Protection.
(2) The attorney general, upon request, shall give legal advice to, and act as counsel for, the division in the exercise of its responsibilities under this chapter.
(3) Reasonable attorney fees, costs, and interest shall be awarded to the division in any action brought to enforce the provisions of this chapter.
(4) Municipal and county law enforcement agencies, prosecutorial agencies, and governmental agencies may enforce the criminal and civil provisions of this chapter.
Amended by Chapter 284, 2012 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 103.1 - Transaction or gift cards.

Effective 5/14/2019
13-32a-103.1.
Transaction or gift cards.
(1) A retail business engaging in a transaction involving a transaction card or gift card issued by that retail business and that bears the branding of that retail business is not subject to this chapter.
(2) A pawn or secondhand business may not purchase or pawn a gift card or transaction card.
(3) This chapter does not prohibit a pawn or secondhand business from issuing or accepting as payment a gift card that:
(a) is issued solely by the pawn or secondhand business; and
(b) bears the brand or name of the pawn or secondhand business.
Enacted by Chapter 309, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 103.5 - Specie legal tender exempt from chapter.

Effective 5/14/2019
13-32a-103.5.
Specie legal tender exempt from chapter.
Specie legal tender as defined in Section 59-1-1501.1 that is used as legal tender is exempt from this chapter.
Amended by Chapter 309, 2019 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 105 - Central database -- Implementation -- Notification.

Effective 5/4/2022
13-32a-105.
Central database -- Implementation -- Notification.
(1) In accordance with this section, there is created a central database as a statewide repository for:
(a) information that a pawn or secondhand business or a catalytic converter purchaser is required to submit in accordance with this chapter; and
(b) the use of a participating law enforcement agency that meets the requirements of Section 13-32a-111.
(2) The division shall:
(a) establish and operate the central database; or
(b) contract with a third party to establish and operate the central database in accordance with Title 63G, Chapter 6a, Utah Procurement Code.
(3) Funding for the creation and operation of the central database shall be from the account.
(4)
(a) An entity that operates the central database may not hold any financial or operating interest in a pawn or secondhand business or catalytic converter purchaser in any state.
(b) The division shall verify before a bid is awarded that the selected entity meets the requirements of Subsection (4)(a).
(c) If any entity is awarded a bid under this Subsection (4) and is later found to hold any interest in violation of Subsection (4)(a), the award is subject to being opened again for request for proposal.
(5)
(a) Beginning January 1, 2020, upon a query by a pawnbroker, the central database shall provide notification of the volume of business an individual seeking to enter into a transaction with the pawnbroker has engaged in with any pawnbroker regulated by this chapter within the previous 30 days based on the records in the central database at the time of the query.
(b) Information entered in the central database shall be retained for five years and shall then be deleted.
(6) Upon request, the entity responsible for establishing and operating the central database under Subsection (2) shall provide technical information and advice for an information technology representative of a pawn or secondhand business or catalytic converter purchaser that is required to provide information to the central database.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 106.5 - Confidentiality of pawn and purchase transactions.

Effective 5/4/2022
13-32a-106.5.
Confidentiality of pawn and purchase transactions.
(1) A ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 delivered to a local law enforcement agency or transmitted to the central database under Section 13-32a-106 is a protected record under Section 63G-2-305.
(2) In addition to use by the issuing pawn or secondhand business or catalytic converter purchaser, the ticket, copy of a ticket, information from a ticket, or information required under Section 13-32a-104.7 may be used only by a law enforcement agency and the division and only for the law enforcement and administrative enforcement purposes of:
(a) investigating possible criminal conduct involving the property delivered:
(i) to the pawn or secondhand business in a pawn transaction or secondhand merchandise transaction; or
(ii) to a catalytic converter purchaser in a catalytic converter purchase;
(b) investigating a possible violation of the record keeping or reporting requirements of this chapter when the local law enforcement agency or the division, based on a review of the records and information received, has reason to believe that a violation has occurred;
(c) responding to an inquiry from an insurance company investigating a claim for physical loss of described property by searching the central database to determine if property matching the description has been delivered to a pawn or secondhand business or catalytic converter purchaser by another person in a pawn transaction, secondhand merchandise purchase transaction, or catalytic converter purchase and if so, obtaining from the central database:
(i) a description of the property;
(ii) the name and address of the pawn or secondhand business or catalytic converter purchaser that received the property; and
(iii) the name, address, and date of birth of the conveying individual; and
(d) taking enforcement action under Section 13-2-5 against a pawn or secondhand business or catalytic converter purchaser.
(3) An insurance company making a request under Subsection (2)(c) shall provide the police report case number concerning the described property.
(4)
(a) A person may not knowingly and intentionally use, release, publish, or otherwise make available to any person any information obtained from the central database for any purpose other than those specified in Subsection (2).
(b) Each separate violation of Subsection (4)(a) is a class B misdemeanor.
(c) Each separate violation of Subsection (4)(a) is subject to a civil penalty not to exceed $250.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 108 - Retention of records -- Reasonable inspection.

Effective 5/4/2022
13-32a-108.
Retention of records -- Reasonable inspection.
(1) A pawn or secondhand business or local law enforcement agency, whichever has custody of a ticket or copy of a ticket, shall retain the ticket or copy for no less than three years after the date of the transaction.
(2)
(a) A law enforcement agency or the division may conduct random reasonable inspections of pawn or secondhand businesses or catalytic converter purchasers for the purpose of monitoring compliance with the requirements of this chapter.
(b) A law enforcement agency or the division shall conduct an inspection under Subsection (2)(a) during the regular business hours of the pawn or secondhand business or catalytic converter purchaser.
(3) A violation of this section is a class B misdemeanor and is also subject to civil penalties under Section 13-32a-110.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 109.5 - Seizure of property -- Notification to pawn or secondhand business or catalytic converter purchaser.

Effective 5/4/2022
13-32a-109.5.
Seizure of property -- Notification to pawn or secondhand business or catalytic converter purchaser.
If a law enforcement agency determines seizure of property pawned or sold to a pawn or secondhand business or catalytic converter purchaser is necessary under this chapter during the course of a criminal investigation, in addition to the hold provisions under Section 13-32a-109, the law enforcement agency shall:
(1) notify the pawn or secondhand business or catalytic converter purchaser of the specific property to be seized; and
(2) issue to the pawn or secondhand business or catalytic converter purchaser a seizure form approved by the division and that:
(a) provides the active case number related to the property to be seized;
(b) provides the date of the seizure request;
(c) provides the reason for the seizure;
(d) describes the property to be seized;
(e) states each reason the property is necessary during the course of a criminal investigation; and
(f) includes any information that facilitates the ability of the pawn or secondhand business or catalytic converter purchaser to track the property when the prosecution agency takes over the case.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 110 - Administrative or civil penalties -- Criminal prosecution.

Effective 5/4/2022
13-32a-110.
Administrative or civil penalties -- Criminal prosecution.
(1) A violation of any of the following sections is subject to an administrative or civil penalty of not more than $500:
(a) Section 13-32a-104, tickets required to be maintained;
(b) Section 13-32a-104.5, database information from coin dealers;
(c) Section 13-32a-104.6, database information from automated recycling kiosk operators;
(d) Section 13-32a-104.7, database information from catalytic converter purchasers;
(e) Section 13-32a-106, transaction information provided to the central database;
(f) Section 13-32a-108, retention of records;
(g) Section 13-32a-109, holding period for property;
(h) Section 13-32a-110.5, transactions with certain individuals prohibited;
(i) Section 13-32a-111, fees to fund account; or
(j) Section 13-32a-112.1, annual training.
(2) This section does not prohibit civil action by a governmental entity regarding the operation or license of a pawn or secondhand business or catalytic converter purchaser.
(3) The imposition of civil penalties under this section does not prohibit criminal prosecution by a governmental entity for criminal violations of this chapter.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 110.5 - Transactions with certain individuals prohibited.

Effective 5/4/2022
13-32a-110.5.
Transactions with certain individuals prohibited.
A pawn or secondhand business or catalytic converter purchaser may not engage in a pawn transaction or secondhand merchandise transaction or catalytic converter purchase with an individual who:
(1) is younger than 18 years old; or
(2) appears to be under the influence of alcohol or a controlled substance.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 111 - Fees to fund account.

Effective 5/4/2022
13-32a-111.
Fees to fund account.
(1)
(a) A pawn or secondhand business or catalytic converter purchaser in operation shall pay an annual fee of no more than $500, set in accordance with Section 63J-1-504.
(b) A law enforcement agency within Utah that participates in the use of the central database shall pay an annual fee set in accordance with Section 63J-1-504.
(c) A law enforcement agency outside Utah that requests access to the central database shall pay an annual fee set in accordance with Section 63J-1-504.
(2) A fee paid under Subsection (1) shall be paid annually to the division on or before January 31.
(3) A fee received by the division under this section shall be deposited into the account.
(4) The division may only increase fees for a pawn or secondhand business or catalytic converter purchaser under Section 63J-1-504.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 112.1 - Annual training.

Effective 5/4/2022
13-32a-112.1.
Annual training.
(1)
(a) The division shall provide training sessions, whether online or in-person, at least once each year regarding compliance with this chapter and other applicable state laws.
(b) A pawn or secondhand business or catalytic converter purchaser shall ensure that each individual employed by the pawn or secondhand business or catalytic converter purchaser with access to the central database annually completes the training described in Subsection (1)(a) in order for that individual to continue to have access to the central database.
(c) A law enforcement agency participating in the use of the central database shall ensure that each individual employed by the law enforcement agency with access to the central database annually completes the training described in Subsection (1)(a) in order for that individual to continue to have access to the central database.
(2) The division shall monitor and keep a record of training completion.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 112.5 - Temporary businesses subject to chapter.

Effective 5/4/2022
13-32a-112.5.
Temporary businesses subject to chapter.
A pawn or secondhand business or catalytic converter purchaser that operates on a temporary basis or from a location that is not a permanent retail location:
(1) shall comply with this chapter; and
(2) is subject to enforcement of this chapter.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 113 - Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account.

Effective 5/4/2022
13-32a-113.
Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account.
(1) There is created within the General Fund a restricted account known as the "Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account."
(2)
(a) The account shall be funded from fees and administrative and civil fines imposed and collected under Sections 13-32a-106, 13-32a-110, and 13-32a-111.
(b) The fees and administrative and civil fines shall be paid to the division, which shall deposit them in the account.
(c) The Legislature shall appropriate funds in the account to the division for:
(i) the costs of providing training required under this chapter;
(ii) the costs of the central database created in Section 13-32a-105; and
(iii) the division's costs of administering this chapter.
Amended by Chapter 201, 2022 General Session
2023 Utah Code › Title 13 - Commerce and Trade › Chapter 32a - Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act › Section 114 - Preemption of local ordinances -- Exceptions.

Effective 5/4/2022
13-32a-114.
Preemption of local ordinances -- Exceptions.
(1) This chapter preempts town, city, county, and other local ordinances governing pawn or secondhand businesses or catalytic converter purchasers, if the ordinances are more restrictive than the provisions of this chapter or are not consistent with this chapter.
(2) Subsection (1) does not preclude a city, county, or other local governmental unit from:
(a) enacting or enforcing local ordinances concerning public health, safety, or welfare, if the ordinances are uniform and equal in application to pawn and secondhand businesses or catalytic converter purchasers and other retail businesses or activities;
(b) requiring a pawn or secondhand business or catalytic converter purchaser to obtain and maintain a business license and providing for revocation of the business license based on multiple violations of Section 76-6-408; or
(c) enacting zoning ordinances that restrict areas where pawn or secondhand businesses or catalytic converter purchasers and other retail businesses or activities can be located.
Amended by Chapter 201, 2022 General Session