Request By:
Hon. Mark D. O'Brien, Representative
31st Legislative District
36 South Sheridan Road
Louisville, Kentucky 40202
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: James S. Goldberg, Assistant Attorney General
This letter is in response to your correspondence of May 9, 1977, in which you state that a certain company in Jefferson County has been conducting public auctions with part of the proceeds from each of the auctions going to sponsoring charitable organizations. Although the products auctioned are the sole property of the company conducting the auction, the Kentucky Board of Auctioneers has found fault with the conducting of such auctions. Therefore, you ask:
"Can an individual, partnership or corporation conduct a public auction by themselves of products owned by them regardless of where the proceeds go?"
It seems apparent that the Board of Auctioneers' concern here is whether such public auctions may be conducted without the company in question here first obtaining an auctioneer's license under Chapter 330 of the Kentucky Revised Statutes.
In that regard, we observe that under KRS 330.030, it is stated:
"On or after July 1, 1962, it shall be unlawful for any person to act as an auctioneer or apprentice auctioneer, or to advertise or to assume to act as either within the commonwealth without a license issued by the board of auctioneers. "
KRS 330.020 (5) defines a person to include an individual, association, partnership, corporation and an officer, director or employee of a corporation. However, KRS 330.040 (2) provides that KRS 330.030 shall not apply to " [t]he owner of any real or personal property." (Emphasis added).
Therefore, in answer to your question, it is the position of this Office that any individual, partnership or corporation may conduct a public auction of products owned by such "persons" without first being required to obtain an auctioneer's license under KRS 330.030.
We hope that this opinion will satisfactorily answer your question. If we can be of any further service, please do not hesitate to call upon us.