Title 44 — Trade and Commerce

In this article, unless the context otherwise requires: 1. "Dealer" means a person engaged in conducting, managing or carrying on the business of purchasing solely precious items or precious items in addition to other tangible personal property. Dealer does not include: (a) Inves…

A. Each dealer shall keep for six months from the date of purchase of a precious item and make available on request of a peace officer: 1. The name, current address, date of birth and signature of the person from whom the item was purchased. 2. A description of the person, includ…

This article does not apply to: 1. Gem and mineral shows which have been regularly scheduled within this state for at least three consecutive years. 2. Transactions in precious items that constitute a partial trade for new or used merchandise of like kind. 3. Any person who purch…

This article does not supersede any city, town or county ordinance nor does this article prohibit a city, town or county from enacting an ordinance regulating dealers of precious items. If a city, town or county has an ordinance regulating dealers of precious items, the provision…

In this article, unless the context otherwise requires: 1. "Advertisement" has the same meaning prescribed in section 44-1521. 2. "Carrier's lien" means a lien that is established under section 47-7307. 3. "Consumer" means an individual who uses or intends to use household goods …

A. To qualify for the exemption set forth in section 44-1614, a household goods mover must: 1. Provide to the consumer a written contract that meets all of the following requirements: (a) Is signed and dated, through electronic means or otherwise, by the consumer and household go…

A. Except as provided in section 44-1614, after taking possession of a consumer's household goods, a household goods mover may not refuse to deliver or unload a consumer's household goods or enforce, or threaten to enforce, a carrier's lien against a consumer's household goods wh…

1. The household goods mover may require the consumer to tender the total estimated price set forth in the contract pursuant to section 44-1612 before delivering and unloading the household goods, except that on a consumer's request a household goods mover may not refuse or charg…

B. If a household goods mover fails to comply with any requirements prescribed in this article, the household goods mover is not eligible for the exemption set forth in section 44-1614.

[Repealed or reserved.]

In this article, unless the context otherwise requires: 1. "Designee" means a local law enforcement agency designated in writing by a county sheriff to perform designated duties specified in this article on behalf of the sheriff. 2. "Identification document" means a valid driver …

A. All pawn transactions must be evidenced by a pawn ticket that is issued at the time of the pawn transaction. B. A pawn ticket shall include, at a minimum, all of the following: 1. The name, address and telephone number of the pawnshop and pledgor. 2. The birth date and physica…

A. A pawnbroker shall not sell any items pledged to him as security for a pawn transaction until at least the day after the maturity date. B. All of a pledgor's right, title and interest in the pledged goods shall pass by operation of law to the pawnbroker, without recourse, on t…

A. The length of all pawn transactions is a minimum of ninety days, except that a longer term may be contracted for between the pawnbroker and the pledgor. B. A pawnbroker shall not enter into a pawn transaction or good faith outright purchase of tangible personal property with a…

A. A pawnbroker shall make a true, complete and accurate report each day of each article the pawnbroker receives through a reportable transaction. The report shall be delivered within two business days to the sheriff or the sheriff's designee of the county in which the pawnbroker…

A. A pawnbroker may charge or receive interest at a rate not exceeding thirteen per cent per month for the first two months and at a rate not exceeding eleven per cent per month thereafter. A pawnbroker shall prorate interest on a daily basis and shall not impose an additional ch…

A. A person shall not act as a pawnbroker until licensed by the sheriff of the county in which the person regularly conducts business. B. A pawnbroker shall obtain a separate license for each pawnshop owned by that pawnbroker. C. A pawnbroker license may not be sold or transferre…

A. After notice and an opportunity for a hearing in accordance with title 41, chapter 6, article 6, the sheriff may suspend any license for a period of not more than thirty days for acts that demonstrate a pattern of misrepresentation or wilful omissions or a violation of or nonc…

A. A person applying for a new pawnbroker license shall pay an application fee of one thousand dollars to the sheriff of the county in which the pawnbroker is to be licensed. B. Each licensed pawnbroker shall pay a renewal fee of five hundred dollars annually to the sheriff of th…

A person who gives false information or provides false representation as to the person's true identity or as to the person's ownership interest in property in order to receive monies or other valuable consideration from a pawnbroker, second hand dealer, scrap metal dealer or deal…

A. A person who knowingly violates section 44-1622 is guilty of a class 1 misdemeanor. B. A person who violates section 44-1623, 44-1624 or 44-1625, section 44-1626, subsection B, C or D or section 44-1630 is guilty of a class 1 misdemeanor. C. A person who knowingly charges and …

A city or town may adopt an ordinance prohibiting the operation of pawnshops from 12:00 a.m. to 6:00 a.m.

In this article, unless the context otherwise requires: 1. "Business records" means records of any purchase, trade, barter or other transaction that involves the receipt of scrap metals and that is made in the ordinary course of business at or near the time of the purchase, trade…

All law enforcement in this state shall be registered on a free theft notification website that allows law enforcement to send detailed descriptions of stolen items to recycling operations and other law enforcement within at least a one hundred mile radius of a theft. The website…

A. A person must register pursuant to this article to conduct business as a scrap metal dealer in this state. B. A person shall submit information for registration to the department in a form prescribed by the department. The information shall include all of the following: 1. The…

A. A scrap metal dealer must provide the information prescribed by section 44-1641.03 to the department every two years. B. The department shall charge and collect fees as determined by the director. It is the intent of the legislature that fees charged and collected by the depar…

A. A registered scrap metal dealer must keep the following at each place of business: 1. Proof of registration that is issued by the department. 2. A statement indicating that the scrap metal dealer has registered on a free theft notification website that allows law enforcement t…

A. Every scrap metal dealer shall keep on the business premises a book or other similar record legibly printed or written in ink, in the English language of each transaction involving the receipt of scrap metal. The record of each receipt of scrap metal shall include the followin…

A. A scrap metal dealer shall not knowingly purchase the following types of scrap metal: 1. Metal manhole covers that are used to cover street or alley service personnel access entrances to municipal sewers and storm drains. 2. Brass or bronze valves or fittings that are commonly…

Notwithstanding any other law, only title 28 governs the purchase by a scrap metal dealer of a vehicle as defined in section 28-101 solely for the purpose of processing the vehicle into a scrap vehicle or into prepared grades of scrap metal.

A scrap metal dealer who fails in any respect to keep a book or similar record prescribed by section 44-1642 or to set out in a book or similar record any matter this article requires or who refuses, upon demand of any peace officer of this state, to exhibit a book or similar rec…

A. Within twenty-four hours after receiving scrap metals, except from an industrial account or a scrap metal dealer, for which a record is required to be kept by section 44-1642, a scrap metal dealer shall electronically submit to the department a record of the receipt of the scr…

This article applies throughout this state and counties, cities and towns may not enact or enforce ordinances, rules or regulations that conflict with this article. Counties, cities and towns may enact ordinances, rules or regulations that regulate scrap metal dealers and that ar…

A. A scrap metal dealer shall not purchase or receive metallic wire that was burned in whole or in part to remove insulation unless the scrap metal dealer receives from the scrap metal seller written evidence identifying the person who delivers the wire to the scrap metal dealer …

The department of public safety shall design and make available a seller and transaction form that may be used by a scrap metal dealer who must report pursuant to section 44-1644.

A. The state legislature determines that the registration of scrap metal dealers is a matter of statewide concern. The power to register scrap metal dealers is preempted by this state. B. Sections 9-500.38 and 11-269.16 do not affect a city's, town's or county's power to enforce …

In this article, unless the context otherwise requires: 1. "Bucket shop" means any place wherein dealing in futures is carried on as defined in this section. 2. "Futures," "dealing in futures," and "future contracts" mean: (a) A sale or purchase or contract to sell or offer to se…

A person who carries on or conducts a bucket shop is guilty of a class 2 misdemeanor.

An owner or person managing or controlling property who knowingly rents or leases such property to be used as a bucket shop, or knowingly permits the property to be so used, is guilty of a class 2 misdemeanor.

A telegraph or telephone company or any agent thereof which knowingly permits a telegraph or telephone wire or instrument to remain in a bucket shop or knowingly permits the wires, instruments or equipment of the telegraph or telephone company to be used by a person operating a b…

A. A person who makes or offers to make for himself a future contract is guilty of a class 3 misdemeanor. B. It may be shown in defense of a prosecution under this section that the transaction out of which the prosecution arose was a "hedging" contract between parties in this sta…

A person who acts or offers to act as the agent or broker of any person in making or offering to make a future contract is guilty of a class 2 misdemeanor.

If in a prosecution it is a material issue whether or not the rules, regulations, by-laws or customs of an exchange or board of trade on, by or through which a contract or offer for future delivery was made, permitted such contract or transaction to be settled or closed by delive…

In a prosecution under this article the burden shall be on the defendant to prove that the subject matter contracted for or offered to be contracted for was in fact delivered in accordance with the terms of the contract or that it was the bona fide intention of the defendant at t…

The habitual, actual, threatened or contemplated use of any premises, place or building, telegraph or telephone wires or instruments in violation of the prohibitions imposed on bucket shops by this article may be enjoined by the state or any citizen thereof.

No person is exempt from testifying concerning any offense set forth or prohibited by this article on the ground that such testimony may incriminate him, but no prosecution may afterwards be had against him for any offense concerning which he testified.

In this article, unless the context otherwise requires: 1. "Auction" means the sale of jewelry at either private or public sale, upon oral or written bids, to the highest bidder, and includes all such sales by whatever name called. 2. "Jewelry" includes gold, platinum, silver, go…

It is unlawful to sell, offer for sale, or attempt to sell at auction any jewelry without a license as provided in this article, except as exempted by section 44-1685.

A. Not less than thirty days nor more than sixty days prior to the date of a proposed auction, any person desiring to sell at auction any jewelry shall apply to the board of supervisors of the county in which the auction is to be conducted for a license to conduct the auction. Th…

The application shall have attached thereto a detailed inventory listing each article to be auctioned, together with an inventory number for each article to be auctioned, and a detailed itemization of the quantity, quality, kind or class of each article to be sold and the wholesa…