Pawnshops, Secondhand Merchandise Dealers, & Catalytic Converter Purchasers

Registration

Yes. Certain businesses that purchase secondhand goods are exempt from registration and uploading requirements. These include businesses such as antique dealers; consignment shops; appliance or furniture dealers; auction houses; garage, yard, or estate sales; book, magazine, or postcard dealers; donations to religious, non-profit, or charitable organizations for which no compensation is paid; secondhand clothing and shoe businesses. Please see section 13-32a-102(29)(c) for a complete list of exemptions. Note: If you are an exempt business (e.g. antique dealer, appliance dealer) but you purchase items that are not exempt, your business must still register with the Division and comply with the PSMCCTIA for all non-exempt items.

Upon receiving the registration, the Division will process the registration and send the information to the Central Database so an account may be created in the database. Please allow for an average of 7-10 days for the registration to be processed and an account to be set up in the database. After the Central Database has created your new account, they will email your Primary Contact with information on setting up a password and logging into the database. If your business or agency already has a Primary Contact account set up for the Central Database, the Primary Contact may add, reset, or delete additional users for that account.

Transactions

Date and time of the transaction
Whether the transaction is a pawn or purchase
Ticket or receipt number
Date ticket must be redeemed (if item was pawned)
The seller's name, residence address, date of birth, driver's license number (or other valid form of federal or state issued ID), and phone number.
Seller's signature
Legible fingerprint of the seller's right index finger (Not necessary if you are transmitting digital fingerprints to the central database.)
The amount loaned on or paid for the item
The identification of the business employee collecting the seller info
An accurate description of the item being pawned or sold to the business, including: identifying marks such as names, brand names, numbers, serial numbers, model numbers, color, manufacturers' names, and size; metallic composition, and any jewels, stones, or glass; any other marks of identification or indicia of ownership on the property; the weight of the property, if the payment is based on weight; any other unique identifying feature; gold content, if indicated. See section 13-32a-104.

Note: There are slightly different requirements for coin dealers (see section 13-32a-104.5 ), automated recycling kiosk operators (see section 13-32a-104.6), and catalytic converter purchasers (see section 13-32a-104.7 ) with regards to the information required to be obtained from the seller/pawner of the item(s). Please refer to those specific sections for the complete list for each respective industry type.

Yes. Prohibited items include:

Property with removed, altered, defaced or obliterated serial numbers or other indicia of ownership.
Property that is not a numismatic item but has indicia of being new and is not accompanied by a receipt or other satisfactory proof of ownership beyond the seller's own statement.
Gift cards, transaction cards, or other physical or digital cards or certificated evidencing store credit.

See section 13-32a-104(2).

Any law enforcement agency can place a hold on property at a pawnshop, secondhand merchandise dealer, or catalytic converter purchaser. The agency should notify the business and provide a "property hold form" to the business. An initial hold by law enforcement is 90 days. This hold can be extended by the agency another 90 days if necessary. After 180 days, a court order must be obtained by the law enforcement agency. See section 13-32a-109(4).

Uploading

The Central Database website is capable of doing an online ticket entry system. All that is required is an Internet connection. The Central Database is also compatible with a few different database formats. Please contact the Central Database to determine file compatibility if you elect not to use the online ticket entry system. You may also find additional information regarding how to upload after logging into the Central Database website.

All transactions must be uploaded to the Central Database within 24 hours of having entered into the transaction. Failure to upload transaction information may result in administrative fines of $50 per day if the delay results from a computer or electronic issue and the business has not complied with the notification requirements of this section. Failure to upload within 24 hours when no computer or electronic malfunction is present may result in civil penalties of up to $500 per violation. See section 13-32a-106(1)(a).

A business must immediately notify the division and local law enforcement that it is having computer problems and is unable to upload transactions. The problems must be fixed in three days or the business must provide the division and local law enforcement with documentation from a reputable computer maintenance company as to why the problem cannot be solved within three days. See section 13-32a-106(3)(a).

After logging into the Central Database website, there are search functions under the "Upload" tab called "Upload History" and "Upload Errors" that allow you to see what you have transmitted to the database in the past and review and address any error messages your uploads have generated.

Also, you can click on the "Search" tab and select "Search/Edit Tickets" from the list. This will allow you to search for past tickets by ticket number, a ticket date or date range, or the name of the seller/pawner. The ideal way to confirm compliance is to simply select today's date and a date in the past such as a week and review all the tickets that were uploaded during that time to confirm all date is present and accounted for.

No. The Central Database cannot issue a login ID or password to the Central Database until after a pawnshop, secondhand merchandise dealer, or catalytic converter purchaser has registered with the Division. The Division will send the registration info to the Central Database and then an account will be created for the person the business has designated as the Primary Contact. The Primary Contact will be able to create and manage additional logins for any other users the business wishes to be able to interact with the database.

Property Disposition

Yes. Any law enforcement agency can place a hold on property at a pawnshop or secondhand merchant. The agency should notify the business and provide a "property hold form" to the business. An initial hold by law enforcement is 90 days. This hold can be extended by the agency another 90 days if necessary. After 180 days, a court order must be obtained by the law enforcement agency. See section 13-32a-109(4).

After a hold period has expired, a law enforcement agency shall notify the business within 15 days after the hold has expired. If the law enforcement agency does not notify the business within 15 days, the business may send written notice to the law enforcement agency informing them that the hold has expired. If the law enforcement agency does not respond within 30 days after being sent the notice by the business, the business may manage the item as if acquired in the normal course of business. See section 13-32a-109(9).

Yes. Law enforcement may seize an item during the course of an investigation when the item is needed for the purpose of forensic testing, or if the property contains unique or sensitive personal identifying information. Otherwise, the business shall retain possession of the item on which a hold has been placed while the hold period is in force. At the commencement of the criminal prosecution, law enforcement may seize the item for the duration of the criminal proceedings. See section 13-32a-115(2)(a).

If during the course of an investigation law enforcement has identified an original victim, the law enforcement agency may return the item to the original victim ONLY after receiving a written statement from the prosecuting agency with jurisdiction over the matter that the item is not needed for the investigation or prosecution of the case. Law enforcement shall notify the business that the item is going to be released to the original victim after 15 days of providing the business notice if law enforcement is in possession of the item. If the business is holding the item, the business shall release the item to the original victim unless within 15 days the business complies with the requirements in Section 13-32a-116.5 to dispute the disposition.