§ 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

   (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;

   (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) 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 or coins.

   (2) This title supersedes any existing law of a county or municipal corporation that regulates dealers or coins.

HISTORY: An. Code 1957, art. 56, § 416, 417, 425; 1992, ch. 4, § 2; ch. 451; 2010, chs. 198, 199; 2011, ch. 379; 2013, ch. 399.