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AN ACT relating to acceptance of cash payments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 365 IS CREATED TO 3
READ AS FOLLOWS: 4
Any person, business, or agency that sells goods or services or collects fees shall not 5
require payment by a debit or credit card, and shall accept cash payments during a 6
face-to-face transaction. 7
Section 2. KRS 365.990 is amended to read as follows: 8
(1) Any person who violates any of the provisions of KRS 365.015 shall be fined not 9
less than twenty-five dollars ($25) nor more than one hundred dollars ($100), or 10
imprisoned for not less than ten (10) days nor more than thirty (30) days, or both, 11
and each day that the violation continues shall constitute a separate offense. 12
(2) Any person who violates any of the provisions of KRS 365.020 to 365.050 shall, 13
for each offense, be fined not less than one hundred dollars ($100) nor more than 14
one thousand dollars ($1,000), or imprisoned for not more than six (6) months, or 15
both. Any person who, as agent of any person or as director, officer, or agent of any 16
corporation assists or aids in a violation of any of such provisions by the person or 17
corporation for which he or she is director, officer, or agent, shall be responsible 18
therefor equally with such person or corporation, and, in a prosecution brought by 19
the local Commonwealth's attorney against him or her under this subsection, it shall 20
be sufficient to allege and prove the unlawful intent of the person or corporation for 21
whom he or she acts. 22
(3) Any person who violates any of the provisions of KRS 365.100 or Section 2 of this 23
Act shall be fined not less than two hundred dollars ($200) for each offense. 24
(4) Any person who violates any of the provisions of KRS 365.110 shall be fined not 25
less than ten dollars ($10) nor more than fifty dollars ($50) for each offense. 26
(5) Any agent or employee of a corporation or any other person who violates any of the 27 UNOFFICIAL COPY 24 RS BR 327
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provisions of subsection (2) of KRS 365.220 shall be fined not less than one 1
hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 2
offense, and each day's continuance of the violation shall constitute a separate 3
offense. 4
(6) A conviction of a corporation of violating any of the provisions of KRS 365.210 or 5
365.220 shall operate to forfeit its charter or right to do business in this state. 6
Proceedings may be instituted by the Commonwealth's attorney in any district in 7
this state to forfeit the charter or right to do business in this state of any corporation 8
violating any of the provisions of KRS 365.210 or 365.220, and to subject the 9
corporation charged, if found guilty, to the penalty imposed in subsection (7) of this 10
section. 11
(7) Any company that violates any of the provisions of KRS 365.230 shall be fined not 12
less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), 13
and if it is a corporation it shall, upon conviction, forfeit its charter. 14
(8) Any person or entity that transacts a transient business as defined in KRS 365.650 15
without first having obtained a permit in accordance with the provisions of KRS 16
365.660, 365.665, 365.680 or 365.685 or who knowingly advertises, offers for sale, 17
or sells any goods, wares, or merchandise in violation of the provisions of KRS 18
365.650 to 365.695, is guilty of a misdemeanor and shall, upon conviction, be fined 19
not more than five hundred dollars ($500) or shall be imprisoned in the county jail 20
for not more than six (6) months, or both. 21