Colorado § 18-16-102 - Definitions.

§ 18-16-102. Definitions.

As used in this article 16, unless the context otherwise requires:

(1) "Local law enforcement agency" means any marshal's office, police department, or sheriff's office with jurisdiction in the locality in which the purchaser makes the purchase.

(2) "Peace officer" means any undersheriff, deputy sheriff other than one appointed with authority only to receive and serve summonses and civil process, police officer, state patrol officer, town marshal, or investigator for a district attorney or the attorney general who is engaged in full-time employment by the state, a city, city and county, town, judicial district, or county within this state.

(3) "Precious or semiprecious metals or stones" means such metals as, but not limited to, gold, silver, platinum, and pewter and such stones as, but not limited to, alexandrite, diamonds, emeralds, garnets, opals, rubies, sapphires, and topaz. For the purposes of this article, ivory, coral, pearls, jade, and such other minerals, stones, or gems as are customarily regarded as precious or semiprecious are deemed to be precious or semiprecious stones.

(4) "Purchase" means giving money to acquire any valuable article, taking valuable articles in full or part satisfaction of a debt, taking valuable articles for resale for the purpose of full or part satisfaction of a debt, or taking valuable articles for sale on consignment.

(5) "Purchaser" means any person holding himself out to the public as being engaged in the business of buying valuable articles or any person who purchases five or more valuable articles during any thirty-day period. "Purchaser" does not include a person purchasing valuable articles from an estate or from a retail or wholesale merchant.

(6) "Seller" means any person offering a valuable article for money to any purchaser, offering a valuable article in full or part satisfaction of a debt, or offering a valuable article for resale for the purpose of full or part satisfaction of a debt.

(7) (a) "Valuable article" means any tangible personal property consisting, in whole or in part, of precious or semiprecious metals or stones, whether solid, plated, or overlaid, including, but not limited to, household goods, jewelry, United States commemorative medals or tokens, and gold and silver bullion.

(b) "Valuable article" shall also include foreign currency when purchased for more than its face value or foreign currency exchange value.

(c) "Valuable article" also includes a store credit, gift card, or merchandise card of any value not issued by the person.

Source: L. 81: Entire article added, p. 1011, § 1, effective May 22. L. 83: (4) amended, p. 668, § 12, effective July 1. L. 2019: IP amended and (7)(c) added, (SB 19-014), ch. 87, p. 323, § 2, effective August 2.

ANNOTATION

Constitutionality of terms. The following terms were found not to be unconstitutionally vague: Valuable article, purchaser, precious and semi-precious metals or stones, bullion, law enforcement agency, and peace officer. Exotic Coins, Inc. v. Beacom, 699 P.2d 930 (Colo. 1986).

Applied in Rathke v. MacFarlane, 648 P.2d 648 (Colo. 1982).