Kentucky Board of Auctioneers, 102517 KYAGO, AGO OAG 17-24

Case DateOctober 25, 2017
CourtKentucky
Kentucky Board of Auctioneers
AGO OAG 17-24
No. OAG 17-024
Kentucky Attorney General Opinions
Commonwealth of Kentucky Office of the Attorney General
October 25, 2017
         Subject: Whether the City of Indian Hills' City Code Chapter 5.20, which regulates estate sales and auctions within the City of Indian Hills, conflicts with KRS 330.200.          Requested by: Kentucky Board of Auctioneers          Written by: Sam Flynn, Assistant Attorney General          Syllabus: The City of Indian Hills' City Code Chapter 5.20 conflicts with KRS Chapter 330 because it impermissibly allows unlicensed, non-exempt residents to conduct auctions, and also regulates licensed auctioneers in a manner prohibited under KRS Chapter 330.          Statutes construed: KRS 330.200, KRS 330.220, KRS 330.230.           OPINION OF THE ATTORNEY GENERAL          The Kentucky Board of Auctioneers ("KBA"), through Counsel, requested an opinion of this office as to whether of Indian Hills' City Code Chapter 5.20 (Ord. 09-01) is in conflict with KRS Chapter 330. City Ordinance 5.20.010 and 5.20.024 impermissibly conflict with KRS 330.200 and are therefore invalid pursuant to KRS 82.082.          The City of Indian Hills ("the City") is a suburban municipality in Jefferson County, Kentucky, operating under the Kentucky "Home Rule" statute. See KRS 82.082.[1] On February 19, 2009, the City adopted City Code Chapter 5.20 (Ord. 09-01). The Chapter includes City Ordinance 5.20.024, which provides "Estate Sale Regulations," for the City. Under the Chapter, "Estate Sales "are defined as the following:
An estate sale is a sale or auction to dispose of a substantial portion of the household materials in a residence or on a residential property at the time of the sale. An estate sale may be conducted by the owner of or resident of the property, or by a second party who is familiar with the conduct of such disposals, whether compensated or not. Any sale which involves auctioning of materials is, by definition, an estate sale. The display of items to be for sale, i.e., for pre-sale inspection, is defined as part of the sale, and must occur within the bounds of the sale permit.
City Ordinance 5.20.010 (emphasis added.)          City Ordinance 5.20.024 expressly...

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