Kentucky Statutes 330.990 – Penalties
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(1) Any person engaging in auction activities regulated by this chapter without a license shall be guilty of:
(a) For the first offense, a violation with a fine up to two hundred fifty dollars
For details, see § 532.090
($250);
(b) For the second offense, a Class B misdemeanor with a fine up to two hundred fifty dollars ($250) and up to ninety (90) days imprisonment; and
(c) For the third and subsequent offenses, a Class A misdemeanor with a fine up to five hundred dollars ($500) and up to twelve (12) months imprisonment.
(2) The board or its authorized representative may apply for injunctive relief to the Circuit Court of the county in which the alleged violation occurred or in which the alleged offender resides to enjoin any person or entity from committing an act in violation of this chapter. The injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies in this chapter. In an action for injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney‘s fees, and court costs.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 118, sec. 6, effective June 27, 2019. — Amended
2009 Ky. Acts ch. 70, sec. 21, effective June 25, 2009. — Amended 1978 Ky. Acts ch. 80, sec. 7, effective June 17, 1978. — Created 1962 Ky. Acts ch. 251, sec. 21.
(a) For the first offense, a violation with a fine up to two hundred fifty dollars
Attorney's Note
Under the Kentucky Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 12 months | up to $500 |
| Class B misdemeanor | up to 90 days | up to $250 |
Terms Used In Kentucky Statutes 330.990
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Auction: means any method of sale, lease, or exchange of real property, personal property, or any combination thereof, by means of competitively increasing or decreasing bids. See Kentucky Statutes 330.020
- Board: means the Board of Auctioneers. See Kentucky Statutes 330.020
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
($250);
(b) For the second offense, a Class B misdemeanor with a fine up to two hundred fifty dollars ($250) and up to ninety (90) days imprisonment; and
(c) For the third and subsequent offenses, a Class A misdemeanor with a fine up to five hundred dollars ($500) and up to twelve (12) months imprisonment.
(2) The board or its authorized representative may apply for injunctive relief to the Circuit Court of the county in which the alleged violation occurred or in which the alleged offender resides to enjoin any person or entity from committing an act in violation of this chapter. The injunction proceedings shall be in addition to, and not in lieu of, all penalties and other remedies in this chapter. In an action for injunction, the board may demand and recover a civil penalty of fifty dollars ($50) per day for each violation, reasonable attorney‘s fees, and court costs.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 118, sec. 6, effective June 27, 2019. — Amended
2009 Ky. Acts ch. 70, sec. 21, effective June 25, 2009. — Amended 1978 Ky. Acts ch. 80, sec. 7, effective June 17, 1978. — Created 1962 Ky. Acts ch. 251, sec. 21.