2017 ORS 646A.064¹
Definitions for ORS 646A.064 to 646A.067

As used in ORS 646A.064 (Definitions for ORS 646A.064 to 646A.067) to 646A.067 (Preemption of local requirements applicable to pawnbrokers):

(1) “Item of precious metal” means an item that consists of or incorporates gold in eight karat or greater purity, silver, platinum or palladium. “Item of precious metal” does not include dental gold, unrefined metal ore, an electronic product, any part of a mechanical system on a motor vehicle, gold or silver coins or bullion in any form.

(2) “Precious metal secondhand dealer”:

(a) Means a person engaged in precious metal secondhand dealing; and

(b) Does not include:

(A) A pawnbroker licensed under ORS chapter 726 who engages exclusively in pledge loans, as defined in ORS 726.010 (Definitions);

(B) A manufacturer of items of precious metal;

(C) A person engaged in commercial or industrial scrap metal recycling operations;

(D) A person primarily engaged in business through the Internet;

(E) A motor vehicle dealer holding a certificate issued under ORS 822.020 (Issuance of certificate) or a motor vehicle dismantler holding a certificate issued under ORS 822.110 (Dismantler certificate); or

(F) A person primarily engaged in purchasing for resale newly manufactured items of precious metal. For purposes of this subparagraph, a person is primarily engaged in purchasing newly manufactured items of precious metal if the person’s inventory of items of precious metal for resale consists exclusively of:

(i) Newly manufactured items of precious metal acquired from a manufacturer; or

(ii) Items described in sub-subparagraph (i) of this subparagraph and used items of precious metal acquired for trade-in value as part of retail sales of newly manufactured items of precious metal by the person.

(3) “Precious metal secondhand dealing” means soliciting, receiving, purchasing, trading or accepting delivery of items of precious metal from individuals in return for money or other consideration.

(4) “Seller” means the other party to a transaction with a precious metal secondhand dealer.

(5) “Temporary precious metal secondhand dealer” means a precious metal secondhand dealer who conducts operations at one or more locations in this state for no more than five consecutive days at any one location.

(6) “Transaction”:

(a) Means a purchase, consignment, bailment, barter or trade of one or more items of precious metal by a precious metal secondhand dealer from an individual who is not engaged in the business of selling newly manufactured items of precious metal.

(b) Does not include:

(A) Gifts or other transfers of property unsupported by consideration; or

(B) Business-to-business purchases or other transfers. [2012 c.99 §1]

Law Review Cita­tions

52 WLR 451 (2016)

(formerly 646.315 to 646.375)

Notes of Decisions

Where purchaser fails to provide notice of condi­tion requiring repair, presump­tion does not arise that repair time exceeding 30 business days demonstrates inability of manufacturer to conform vehicle. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Repair time exceeding 30 business days as evidence of inability to conform vehicle applies only to presently existing defect. Pavel v. Winnebago Industries, Inc., 127 Or App 16, 870 P2d 856 (1994)

Law Review Cita­tions

19 WLR 329 (1983)

1 Legislative Counsel Committee, CHAPTER 646A—Trade Regulation, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 646A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano646A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.