32-1164. Violation; classification; probation;
conditions


A. Commission by a contractor of any of the following acts is a class 1
misdemeanor:


1. Any act specified in section 32-1154, subsection A, paragraph 7 or 10.


2. Acting in the capacity of a contractor within the meaning of this chapter
without a license.


B. For the first offense under subsection A of this section, a contractor shall be
fined not less than one thousand dollars. For the second or any subsequent offense under
subsection A of this section, a contractor shall be fined not less than two thousand
dollars.


C. If a person is convicted of a violation of subsection A of this section and the
court sentences the person to a term of probation, the court shall order that as
conditions of probation the person does all of the following:


1. Pays in full all transaction privilege tax or use tax amounts that are due under
title 42, chapter 5, article 2 or 4 and that arise from the acts or omissions
constituting the violation.


2. Pays in full all transaction privilege or use tax amounts that are due to the
county in which the violation occurred and that arise from the acts or omissions
constituting the violation.


3. Pays in full all transaction privilege or use tax amounts that are owed to the
local municipal government, city or town in which the violation occurred and that arise
from the acts or omissions constituting the violation.