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§ 12-102. Scope

West's Annotated Code of MarylandBusiness RegulationEffective: October 1, 2013

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 12. Secondhand Precious Metal Object Dealers and Pawnbrokers (Refs & Annos)
Subtitle 1. Definitions; General Provisions (Refs & Annos)
Effective: October 1, 2013
MD Code, Business Regulation, § 12-102
§ 12-102. Scope
(a) This title does not apply to a transaction that involves:
(1) merchandise acquired from an established manufacturer or dealer who holds a license under this title, other than a pawnbroker, if the dealer who acquires the merchandise keeps an invoice or other customary proof of origin for the merchandise;
(2) a metal acquired for use in dentistry by a dentist licensed to practice dentistry under Title 4 of the Health Occupations Article;
(3) coins; or
(4) the purchase of junk or scrap metal that is subject to the record keeping and reporting requirements under § 17-1011 of this article.
(b) If a retail jeweler has a fixed business address in the State, this title does not apply to a transaction in which the retail jeweler:
(1) accepts, in accordance with a posted return policy, the return of an item that the jeweler originally sold;
(2) accepts, in accordance with a published trade-in policy, merchandise in trade that the jeweler originally sold;
(3) repossesses merchandise that the jeweler originally sold, if the original buyer has defaulted;
(4) retains merchandise that the jeweler originally accepted for repair as a bailee for hire, if the customer who deposited the merchandise:
(i) defaulted; or
(ii) failed to reclaim the merchandise within the time agreed on with the jeweler;
(5) accumulates pieces of precious metals in the course of performing repairs, remountings, fabrications, or custom orders; or
(6) participates in a remount sale.
(c) Except as otherwise provided in this title, this title does not apply to a pawnbroker located in a county that regulates pawnbrokers unless the pawnbroker does business as a dealer.
(d)(1) A county or municipal corporation may not enact a law to regulate dealers or coins.
(2) This title supersedes any existing law of a county or municipal corporation that regulates dealers or coins.

Credits

Added by Acts 1992, c. 4, § 2. Amended by Acts 1992, c. 451; Acts 2010, c. 198, § 1, eff. May 4, 2010; Acts 2010, c. 199, § 1, eff. May 4, 2010; Acts 2011, c. 379, § 1, eff. Oct. 1, 2011; Acts 2013, c. 399, § 1, eff. Oct. 1, 2013.
Formerly Art. 56, §§ 416, 417, 425.
MD Code, Business Regulation, § 12-102, MD BUS REG § 12-102
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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