2010 Maryland Code
TITLE 12 - SECONDHAND PRECIOUS METAL OBJECT DEALERS AND PAWNBROKERS
Subtitle 1 - Definitions; General Provisions
Section 12-102 - Scope of title.
§ 12-102. Scope of title.
(a) General exclusions.- 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 numismatic items; 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) Retail jewelers.- 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; or
(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.
(c) Pawnbrokers.- 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) Powers of county or municipal corporation.-
(1) A county or municipal corporation may not enact a law to regulate dealers, coins, or numismatic items.
(2) This title supersedes any existing law of a county or municipal corporation that regulates dealers, coins, or numismatic items.
[An. Code 1957, art. 56, §§ 416, 417, 425; 1992, ch. 4, § 2; ch. 451; 2010, chs. 198, 199.]
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