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(1) The following definitions apply to this Chapter:

“Antiques” means old or archaic items which are indicative of an older culture.

“Customer” means a person who enters into a transaction with a person who thereby is a pawnbroker or secondhand dealer as defined herein.

“Goods” means personal property of any description, and including coins and all metals, and including documents of title or ownership relating to personal property.

“Merchant” means a pawnbroker or secondhand dealer as defined in this Section.

“Pawnbroker” means any person who takes possession of goods from another person in exchange for money, with an agreement either express or implied to return or resell the goods upon the payment (or repayment) of money.

“Redeem” or variations thereof, means the right to reclaim or repurchase goods from a merchant by the payment or repayment of money.

“Secondhand dealer” means, except as provided in Subsection (2) of this Section, any person who buys used goods from a person for the purpose of resale to the seller or third persons.

“Transaction” means the doing of an act within the definition of pawnbroker or secondhand dealer.

(2) The definition of secondhand dealer does not include the following:

(a) a transaction by a financial institution licensed as such by the United States government or the State of Utah;

(b) a transaction by a person licensed and bonded as an automobile dealer;

(c) a transaction by a charitable, religious or other non-profit organization, which organization is exempt from taxation because of its status as a charitable, religious or non-profit organization;

(d) a transaction involving vendors who are primarily engaged in the sale of used furniture, used clothing, used appliances, books, magazines or antiques.

(e) a transaction at a “garage-yard sale” as defined and regulated in Title 14, Provo City Code;

(f) a transaction at a bona fide “swap meet” by a person not required to pay a business license fee under the provisions of Section 6.02.020, Provo City Code; or

(g) a transaction wherein a vendor primarily engaged in the retail sale of new goods receives a used item as a “trade-in” as part of the sale of a new item having greater value than the used item.

(Enacted 1990-34, Am 1990-61, Am 1998-69)