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 6 or 9.
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 misdemeanor pursuant to 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 do all of the following:
1. Pay 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 offense.
2. Pay in full all transaction privilege or use tax amounts that are due to the county in which the offense occurred and that arise from the acts or omissions constituting the offense.
3. Pay in full all transaction privilege or use tax amounts that are owed to the local municipal government, city or town in which the offense occurred and that arise from the acts or omissions constituting the offense.
Notes of Decisions
Town of Gilbert Prosecutor's Off. v. Downie, 189 P.3d 393 (Ariz. 2008).
· cites it 8× “[6] After Matykiewicz was convicted, the legislature amended A.R.S. § 32-1164 to require unlicensed contractors to pay transaction privilege taxes as a condition of probation.”
Crowe v. Hickman's Egg Ranch, Inc., 41 P.3d 651 (Ariz. Ct. App. 2002).
· cites it 4× “A.R.S. § 32-1164(A)(2). [2] This is so whether the contract was effective in October or December, 1997; Crowe was not licensed in Arizona until February, 1998.”
Rhodes v. Clark, 373 P.2d 348 (Ariz. 1962).
· cites it 3× “3, that the applicant shall not have engaged in the contracting business within a year, gives the Registrar the power only to make a finding that the applicant had theretofore been found guilty by a court and jury under A.R.S. § 32-1164, sub-para. 2 of the misdemeanor of…”
City of Phoenix v. Superior Court, 909 P.2d 502 (Ariz. Ct. App. 1996).
“Applying the factors enumerated in Aesthetic affirms that Pierson’s compliance with the licensing statutes was substantial.”
Sec. Ins. Co. of New Haven v. Day, 433 P.2d 54 (Ariz. Ct. App. 1967).
“§ 32-1151 makes it unlawful for a person without a license to act as a contractor; § 32-1164 makes it a crime to do so; and § 32-1153 requires a contractor to allege and prove that he was licensed in order to recover compensation for the performance of his contract.”
State v. Wilkinson, 10 P.3d 634 (Ariz. Ct. App. 2000).
· cites it 12× “See A.R.S. § 32-1164(A)(2). The maximum fine that a court can impose for any class one misdemeanor is $2500.”
Gilbert Prosecutor v. Hon. downie/matykiewicz (Ariz. 2008).
· cites it 4× “This statute also demonstrates the legislature’s understanding that one convicted of contracting without a license may retain some compensation, but must pay appropriate taxes on it.”
— Ariz. Rev. Stat. § 32-1164(A)(2) — 5 cases
Crowe v. Hickman's Egg Ranch, Inc., 41 P.3d 651 (Ariz. Ct. App. 2002).
“A.R.S. § 32-1164(A)(2). [2] This is so whether the contract was effective in October or December, 1997; Crowe was not licensed in Arizona until February, 1998.”
Town of Gilbert Prosecutor's Off. v. Downie, 189 P.3d 393 (Ariz. 2008).
“[6] After Matykiewicz was convicted, the legislature amended A.R.S. § 32-1164 to require unlicensed contractors to pay transaction privilege taxes as a condition of probation.”
City of Phoenix v. Superior Court, 909 P.2d 502 (Ariz. Ct. App. 1996).
“Applying the factors enumerated in Aesthetic affirms that Pierson’s compliance with the licensing statutes was substantial.”
State v. Wilkinson, 10 P.3d 634 (Ariz. Ct. App. 2000).
“See A.R.S. § 32-1164(A)(2). The maximum fine that a court can impose for any class one misdemeanor is $2500.”
Gilbert Prosecutor v. Hon. downie/matykiewicz (Ariz. 2008).
“This statute also demonstrates the legislature’s understanding that one convicted of contracting without a license may retain some compensation, but must pay appropriate taxes on it.”
— Ariz. Rev. Stat. § 32-1164(B) — 1 case
State v. Wilkinson, 10 P.3d 634 (Ariz. Ct. App. 2000).
“See A.R.S. § 32-1164(A)(2). The maximum fine that a court can impose for any class one misdemeanor is $2500.”
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