Unlawful failure to comply with qualifications to sell to dealer

(1) Terms defined in Sections 76-1-101.5 and 76-6-1402 apply to this section. (2) A dealer commits unlawful failure to comply with qualifications to sell to dealer if the dealer violates a requirement under Section 76-6-1405. (3) (a) (i) Except as provided in Subsection (3)(b), a violation of Subsection (2) is a class C misdemeanor. (ii) A dealer who is convicted of a class C misdemeanor under this section is subject to a mandatory fine of no less than $750. (b) (i) A violation of Subsection (2) is a class A misdemeanor if the dealer previously has been convicted of a violation of this section or Section 76-6-1403.1, 76-6-1404.1, 76-6-1406.1, or 76-6-1409.1. (ii) A dealer who is convicted of a class A misdemeanor under this section is subject to a mandatory fine of no less than $2,500. (4) (a) This section does not impair the authority of a county or municipality in this state to license, tax, and regulate any junk dealer or metal dealer, except that local regulations may not be any less stringent than the provisions in Section 76-6-1405 or this section. (b) This section does not impair the authority of a county or municipality to revoke or deny a business license or permit required by that county or municipality regulating the authority to sell, purchase, or possess metal, including the revocation or denial of a business license or permit based on a violation of Section 76-6-1405 or this section. (c) This section does not prohibit the charging of a seller or dealer with any other criminal offense related to the obtaining, possession, or selling of stolen regulated metals.