Title 13, Commerce and Trade

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 Subsections (2) through (6): (a) the name and address of the solicitor and sponsor; (b) the verifiable retail value of each prize the ind…

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) 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 …

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 …

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: (a) causes a molder to fabricate, cast, or otherwise make a mold; or (b) provides a molder with a mold to mak…

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)(a) Prior to o…

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: (a) work for the customer involving the mold; and (b) the value of all materials related to work described in Subs…

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…

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: (a) the date of the transaction on which the prope…

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 inspect…

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: (a) that is generally older than 25 years; (b) whos…

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 Section 59-1-1501.1 that 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: (a) information that a pawn or secondhand business or a catalytic converter purchaser is required to submit in a…

13-32a-106. Transaction information provided to the central database -- Protected information. (1)(a) Except as provided in Subsection 13-32a-104.6(4), a pawn or secondhand business or catalytic converter purchaser shall transmit electronically in a compatible format information …

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-1…

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) A pawnbroker may sell property pawned to the pawnbroker if: (i) 15 calendar days have passed after the day on which the pawnbroker submits the information and any required photograph to the central d…

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 c…

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, dat…

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…

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 th…

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 enforceme…

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…

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…

13-32a-115. Criminal investigation -- Prosecution -- Property disposition. (1) If the property pawned or sold to a pawn or secondhand business or catalytic converter purchaser is the subject of a criminal investigation and a hold has been placed on the property under Section 13-3…

13-32a-116. Property disposition -- Property subject to prosecution -- Property not used as evidence. When property that is pawned or sold to a pawn or secondhand business or catalytic converter purchaser is the subject of a criminal proceeding, and has been seized by law enforce…

13-32a-116.5. Contested disposition of property - Procedure. (1) If a pawn or secondhand business or catalytic converter purchaser receives notice from a law enforcement agency under Section 13-32a-109 that property that is the subject of a hold or seizure shall be returned to an…

13-32a-118. Payment limitation for catalytic converter purchases. (1) A catalytic converter purchaser, when making a catalytic converter purchase, may not pay the seller for the catalytic converter with cash or a gift card. (2) Subsection (1) does not apply to a catalytic convert…