Kentucky Statutes 365.990 – Penalties
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(1) Any person who violates any of the provisions of KRS § 365.015 shall be fined not less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or imprisoned for not less than ten (10) days nor more than thirty (30) days, or both, and each day that the violation continues shall constitute a separate offense.
(2) Any person who violates any of the provisions of KRS § 365.020 to KRS § 365.050 shall, for each offense, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or imprisoned for not more than six (6) months, or both. Any person who, as agent of any person or as director, officer, or agent of any corporation assists or aids in a violation of any of such provisions by the person or corporation for which he is director, officer, or agent, shall be responsible therefor equally with such person or corporation, and, in a prosecution brought by the local Commonwealth’s attorney against him under this subsection, it shall be sufficient to allege and prove the unlawful intent of the person or corporation for whom he acts.
(3) Any person who violates any of the provisions of KRS § 365.100 shall be fined not less than two hundred dollars ($200) for each offense.
(4) Any person who violates any of the provisions of KRS § 365.110 shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50) for each offense.
(5) Any agent or employee of a corporation or any other person who violates any of the provisions of subsection (2) of KRS § 365.220 shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense, and each day’s continuance of the violation shall constitute a separate offense.
(6) A conviction of a corporation of violating any of the provisions of KRS § 365.210 or
365.220 shall operate to forfeit its charter or right to do business in this state. Proceedings may be instituted by the Commonwealth’s attorney in any district in this state to forfeit the charter or right to do business in this state of any corporation violating any of the provisions of KRS § 365.210 or 365.220, and to subject the corporation charged, if found guilty, to the penalty imposed in subsection (7) of this section.
(7) Any company that violates any of the provisions of KRS § 365.230 shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), and if it is a corporation it shall, upon conviction, forfeit its charter.
(8) Any person or entity that transacts a transient business as defined in KRS § 365.650 without first having obtained a permit in accordance with the provisions of KRS
365.660, 365.665, 365.680 or 365.685 or who knowingly advertises, offers for sale,
or sells any goods, wares, or merchandise in violation of the provisions of KRS
365.650 to 365.695, is guilty of a misdemeanor and shall, upon conviction, be fined not more than five hundred dollars ($500) or shall be imprisoned in the county jail for not more than six (6) months, or both.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 83, sec. 8, effective July 15, 2008. — Amended
2007 Ky. Acts ch. 81, sec. 2, effective June 26, 2007. — Amended 1986 Ky. Acts ch.
70, sec. 11, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 188, sec. 283,
effective July 15, 1980; and ch. 293, sec. 3, effective July 15, 1980. — Amended
1976 Ky. Acts ch. 27, sec. 18. — Amended 1968 Ky. Acts ch. 152, sec. 154. — Amended 1966 Ky. Acts ch. 230, sec. 15. — Amended 1956 Ky. Acts ch. 131, sec. 2, effective May 18, 1956. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199b-5, 524-2, 883a-2, 883a-3, 883a-4, 1279a-
2, 1280, 1280a-2, 1283a-5, 4748h-2, 4748h-11, 4753, 4754, 4755.
(2) Any person who violates any of the provisions of KRS § 365.020 to KRS § 365.050 shall, for each offense, be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or imprisoned for not more than six (6) months, or both. Any person who, as agent of any person or as director, officer, or agent of any corporation assists or aids in a violation of any of such provisions by the person or corporation for which he is director, officer, or agent, shall be responsible therefor equally with such person or corporation, and, in a prosecution brought by the local Commonwealth’s attorney against him under this subsection, it shall be sufficient to allege and prove the unlawful intent of the person or corporation for whom he acts.
Terms Used In Kentucky Statutes 365.990
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Continuance: Putting off of a hearing ot trial until a later time.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(3) Any person who violates any of the provisions of KRS § 365.100 shall be fined not less than two hundred dollars ($200) for each offense.
(4) Any person who violates any of the provisions of KRS § 365.110 shall be fined not less than ten dollars ($10) nor more than fifty dollars ($50) for each offense.
(5) Any agent or employee of a corporation or any other person who violates any of the provisions of subsection (2) of KRS § 365.220 shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense, and each day’s continuance of the violation shall constitute a separate offense.
(6) A conviction of a corporation of violating any of the provisions of KRS § 365.210 or
365.220 shall operate to forfeit its charter or right to do business in this state. Proceedings may be instituted by the Commonwealth’s attorney in any district in this state to forfeit the charter or right to do business in this state of any corporation violating any of the provisions of KRS § 365.210 or 365.220, and to subject the corporation charged, if found guilty, to the penalty imposed in subsection (7) of this section.
(7) Any company that violates any of the provisions of KRS § 365.230 shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), and if it is a corporation it shall, upon conviction, forfeit its charter.
(8) Any person or entity that transacts a transient business as defined in KRS § 365.650 without first having obtained a permit in accordance with the provisions of KRS
365.660, 365.665, 365.680 or 365.685 or who knowingly advertises, offers for sale,
or sells any goods, wares, or merchandise in violation of the provisions of KRS
365.650 to 365.695, is guilty of a misdemeanor and shall, upon conviction, be fined not more than five hundred dollars ($500) or shall be imprisoned in the county jail for not more than six (6) months, or both.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 83, sec. 8, effective July 15, 2008. — Amended
2007 Ky. Acts ch. 81, sec. 2, effective June 26, 2007. — Amended 1986 Ky. Acts ch.
70, sec. 11, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 188, sec. 283,
effective July 15, 1980; and ch. 293, sec. 3, effective July 15, 1980. — Amended
1976 Ky. Acts ch. 27, sec. 18. — Amended 1968 Ky. Acts ch. 152, sec. 154. — Amended 1966 Ky. Acts ch. 230, sec. 15. — Amended 1956 Ky. Acts ch. 131, sec. 2, effective May 18, 1956. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 199b-5, 524-2, 883a-2, 883a-3, 883a-4, 1279a-
2, 1280, 1280a-2, 1283a-5, 4748h-2, 4748h-11, 4753, 4754, 4755.