Utah Pawn Regulation: Title 13, Chapter 32a
Utah regulates pawnbrokers and secondhand dealers under the Pawnshop, Secondhand Merchandise, and Catalytic Converter Transaction Information Act (Title 13, Chapter 32a). The statute establishes comprehensive requirements for transaction records, a statewide central database, holding periods, and law enforcement access [citation:1][citation:2].
Central Database — §13-32a-105
Utah Code §13-32a-105 creates a statewide central database as a repository for all transaction information [citation:1][citation:10]. Every pawnbroker and secondhand merchandise dealer is required to submit transaction records to this database, which is accessible to law enforcement agencies [citation:1].
Key provisions:
- The Division of Consumer Protection establishes and operates the central database or contracts with a third party to do so [citation:10].
- Information entered in the central database is retained for five years and then deleted [citation:10].
- Upon query, the database provides notification of the volume of business an individual has conducted with any pawnbroker within the previous 30 days [citation:10].
- The entity operating the central database may not hold any financial or operating interest in any pawn or secondhand business [citation:10].
PPSS can export transaction data in formats compatible with Utah's central database. You are responsible for ensuring your submissions meet the Division's current requirements.
Register Requirements — §13-32a-104
Utah Code §13-32a-104 establishes detailed recordkeeping requirements for every pawn or purchase transaction [citation:9]:
Required information per transaction:
- Date and time of the transaction [citation:9]
- Pawn transaction ticket number (if pawned) [citation:9]
- Date by which the article must be redeemed [citation:9]
- Customer information: name, residence address, date of birth [citation:9]
- Identification: number of driver license or other positive ID presented, with notations of discrepancies if physical description does not correspond with ID [citation:9]
- Customer signature [citation:9]
- Legible fingerprint of the person's right index finger (or left index with written notation if right unavailable) [citation:9]
- Amount loaned on or paid for the article [citation:9]
- Identification of the employee making the entry [citation:9]
- Accurate description of the article: names, brand names, numbers, serial numbers, model numbers, color, manufacturers' names, size, metallic composition, jewels, stones, glass, weight (if payment based on weight), gold content, and any other identifying marks [citation:9]
Multiple articles exception: If multiple similar articles without serial numbers, precious metals, or gemstones are delivered together (e.g., musical recordings, books, hand tools), the description is adequate if it includes the quantity and type of articles delivered [citation:9].
PPSS includes dedicated fields for all Utah-required information. The 24karat edition supports fingerprint capture and ID scanning to help you record the required data.
Prohibited Transactions
Defaced property — §13-32a-104(2): A pawn or secondhand business may not accept any personal property if it is apparent that serial numbers, model names, or identifying characteristics have been intentionally defaced on that article [citation:9].
Lost or mislaid property — §13-32a-104(3): A person may not pawn or sell any property subject to being turned over to a law enforcement agency under Title 77, Chapter 24a (Lost or Mislaid Personal Property). If an employee knows or has reason to know that property is subject to this requirement, they shall advise the individual and may not receive the property [citation:9].
Minors — Springville §7-4-107: No pawnbroker shall have business dealings with any person under 18, except with written parental consent for each transaction [citation:7].
Intoxicated persons — Springville §7-4-108: No business dealings with any person who is intoxicated [citation:7].
PPSS helps you track these prohibitions with date of birth fields, defaced property flags, and notes fields, but you are responsible for compliance.
Holding Period — §13-32a-109
Utah Code §13-32a-109 establishes the holding period for pawned or purchased property. Pawnbrokers must hold property for the statutory period before sale or disposal [citation:2].
You can configure PPSS to track this holding period and flag items when they become eligible for sale.
Record Retention — §13-32a-108 & Central Database Retention
Utah Code §13-32a-108 requires records to be retained and made available for reasonable inspection [citation:2]. Information entered in the central database is retained for five years and then deleted [citation:10].
PPSS stores all transaction data locally on your computers. You control backup and retention beyond the five-year database requirement.
Penalties — §13-32a-110
Utah Code §13-32a-110 establishes penalties for violations. A violation of §13-32a-104 (register requirements) is a class B misdemeanor and is also subject to civil penalties [citation:9].
PPSS helps you maintain compliant records, but you are responsible for ensuring all required information is captured accurately.
Local Ordinances — Preemption and Exceptions
Utah Code §13-32a-114 addresses preemption of local ordinances [citation:2]. While state law provides a uniform framework, cities may impose additional requirements such as:
Provo — §6.05.030: $1,000 bond required before license issuance [citation:4].
Springville — Chapter 7-4: Detailed local requirements including [citation:7]:
- License required, displayed conspicuously (§7-4-102)
- Background check through Bureau of Criminal Identification (§7-4-103)
- No license for persons convicted of receiving stolen goods, burglary, or robbery (§7-4-103)
- Annual license fee set by City Council resolution (§7-4-104)
- Transaction records to Chief of Police within seven days (§7-4-106)
- Electronic format approved by Police Department (§7-4-106)
- No transactions with minors without written parental consent (§7-4-107)
- No transactions with intoxicated persons (§7-4-108)
- Duty to report suspected stolen goods (§7-4-109)
- Hours of operation: 7:00 a.m. to 9:00 p.m., closed Sunday (§7-4-111)
- Class B misdemeanor penalty, up to $1,000 fine and/or 6 months imprisonment (§7-4-113)
Murray — §5.24.040: Records shall be kept and reported in accordance with Utah Code §§13-32a-104 through 108 [citation:5].
PPSS is a recordkeeping tool. It does not track local licenses, bonds, or background checks. You are responsible for obtaining and maintaining all required local licenses and bonds.
