Title 13, Title 13: Commerce and Trade

13-25a-111. Exemptions. Notwithstanding any other provision of this chapter, Sectionsanddo not apply toa person who holds and acts within the scope of a license or registration: (1) under Title 31A, Insurance Code; (2) issued by the Division of Real Estate established in Section;…

13-26-101. Definitions. As used in this chapter: (1) "Affiliated person" means a seller or a seller's contractor, director, employee, officer, owner, or partner. (2) "Continuity plan" means a shipment, with the prior express consent of the buyer, at regular intervals of similar s…

13-26-102. Registration and surety bond or certificate of deposit required. (1) Unless exempt under Section, a seller shall register annually with the division before engaging in telephone solicitations if: 13-26-104 the seller engages in telephone solicitations that: originate i…

13-26-103. Denial, suspension, or revocation of an application or registration. In accordance with Chapter 2, Division of Consumer Protection, and Title 63G, Chapter 4, Administrative Procedures Act, the division may initiate adjudicative proceedings to deny, suspend, or revoke a…

13-26-104. Exemptions from registration. (1) In an enforcement action initiated by the division, a person claiming an exemption has the burden of proving that the person is entitled to the exemption. (2) The following are exempt from this chapter except for the requirements descr…

13-26-105. Right of rescission -- Cancellation. (1) As used in this section, "business day" means a day other than Saturday, Sunday or a federal or state holiday. (2) Before engaging in a solicitation with a consumer, a seller or a seller's solicitor shall orally advise the consu…

13-26-106. Penalties and enforcement. (1) In addition to the division's enforcement powers described in Chapter 2, Division of Consumer Protection: the director may impose an administrative fine of up to $2,500 for each violation of this chapter; and the division may bring an act…

13-26-107. 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.

13-26-108. Prohibited practices. (1) It is unlawful for a seller to: solicit a prospective purchaser if the seller is not registered with the division or is exempt from registration under this chapter; in connection with a telephone solicitation, make or cause to be made a false …

13-28-1. Title. This chapter shall be known as the "Prize Notices Regulation Act."

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) "Prize notice" means a notice given to an individual in this state t…

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 rec…

13-28-4. Contents of notices. (1) A written prize notice shall contain all of the following information presented in the manner required under Subsectionsthrough: (2) (6) the name and address of the solicitor and sponsor; the verifiable retail value of each prize the individual h…

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, …

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 …

13-28-7. Penalties -- Administrative and criminal. (1) Any person who violates this chapter shall be subject to: a cease and desist order; and an administrative fine of not less than $100 or more than $5,000 for each separate violation. (2) All administrative fines shall be depos…

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: bring an action for temporary or permanent injunctive or othe…

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 pe…

13-31-101. Title. This chapter shall be known as the "Mold Retention and Lien Act."

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: causes a molder to fabricate, cast, or otherwise make a mold; or provides a molder with a mold to make a prod…

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.

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 t…

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) Prior to obta…

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.

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: work for the customer involving the mold; and the value of all materials related to work described in Subsection. …

13-31-302. Sale of molds for payment of lien. (1) Prior to selling a mold, the molder shall send written notice by registered mail to the last-known address of the customer. The notice required by Subsectionshall include: (1)(a) the molder's intention to sell the mold 30 days fro…

13-32-101. Title. This chapter is known as the "Swap Meets and Flea Markets Act."

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 p…

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 ye…

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: the date of the transaction on which the property …

13-32-105. Violations. (1) It is a violation of this chapter for any vendor, required to maintain receipts or records under Section, to knowingly: 13-32-104 falsify, obliterate, or destroy the receipts or records; refuse or fail to make such receipts available for inspection, upo…

13-32-106. Penalties. A person who violates this chapter is guilty of an infraction.

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, o…

13-32a-102. Definitions. As used in this chapter: (1) "Account" means the Pawnbroker, Secondhand Merchandise, and Catalytic Converter Operations Restricted Account created in Section. 13-32a-113 (2) "Antique item" means an item: that is generally older than 25 years; whose value …

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) Reasonable attorney fees, costs, and interest shall be awarded to the division…

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 …

13-32a-103.5. Specie legal tender exempt from chapter. Specie legal tender as defined in Sectionthat is used as legal tender is exempt from this chapter.

13-32a-104. Tickets required to be maintained -- Contents -- Identification of items -- Exceptions -- Prohibition against pawning or selling certain property. (1) A pawn or secondhand business shall keep a ticket for property a person pawns or sells to the pawn or secondhand busi…

13-32a-104.5. Database information from coin dealers -- New and prior customers. (1) A coin dealer shall maintain a ticket under this section for each secondhand merchandise transaction of a numismatic item or precious metal with an individual with whom the coin dealer has not pr…

13-32a-104.6. Database information from automated recycling kiosk operators. (1) An automated recycling kiosk operator shall generate a ticket under this section for each secondhand merchandise transaction in which the automated recycling kiosk operator engages. An automated recy…

13-32a-104.7. Database information from catalytic converter purchasers -- Penalties. (1) As soon as practicable, but no later than January 1, 2023, a catalytic converter purchaser shall document information for each catalytic converter purchase as required under this section and …

13-32a-105. Central database -- Implementation -- Notification. (1) In accordance with this section, there is created a central database as a statewide repository for: information that a pawn or secondhand business or a catalytic converter purchaser is required to submit in accor…

13-32a-106. Transaction information provided to the central database -- Protected information. (1) Except as provided in Subsection, a pawn or secondhand business or catalytic converter purchaser shall transmit electronically in a compatible format information required to be reco…

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 Sectiondelivered to a local law enforcement agency or transmitted to the central database under Sectionis a protected record u…

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)…

13-32a-109. Holding period for property -- Return of property -- Penalty. (1) A pawnbroker may sell property pawned to the pawnbroker if: 15 calendar days have passed after the day on which the pawnbroker submits the information and any required photograph to the central database…