Kentucky Administrative Regulations
Title 40 - DEPARTMENT OF LAW
Chapter 2 - Office of Consumer Protection
Section 40 KAR 2:200 - Application for removal sale license form
Universal Citation: 40 KY Admin Regs Service 2:200
Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 365.420
NECESSITY, FUNCTION, AND CONFORMITY: To fulfill the requirement for an application form to conduct a removal sale with itemization of the inventory of goods identified in KRS 365.420(7).
Section 1. Application for Removal Sale License Form. The "Application for Removal Sale Permit Form GOB-1" required by KRS 365.420(7) shall contain the following information:
(1) Identification of
the county clerk from whom the license is sought;
(2) Instructions to the applicant on how the
form is to be completed;
(3) The
name and address of the owner of the goods to be sold. If the applicant is a
partnership, corporation, firm, or association, then all partners or officers
should be listed, with positions held indicated;
(4) The complete address of the applicant's
principal office in Kentucky;
(5)
The date and place of incorporation or organization;
(6) Whether controlling interest in the firm
or business has been transferred within the twelve (12) months prior to the
filing of the application, and if so, provide specific information as to the
parties involved and the date of the transfer;
(7) The name and style in which the sale is
to be conducted;
(8) The address of
the premises at which the sale will be conducted;
(9) The date of the sale will begin and its
projected duration;
(10) The name
and address of the person who will be in charge and responsible for the conduct
of the sale;
(11) The nature of the
occupancy of the sales premises, and the effective date of termination of the
occupancy;
(12) The condition or
necessity which is the occasion for the sale;
(13) The name of the sale, and why the name
is truthfully descriptive of the sale;
(14) If the application is for a license to
conduct a removal sale, the location of the premises to which the business will
be relocated;
(15) If the
application is for a license to conduct a fire sale, the time, location, and
cause of the damage must be specified;
(16) A statement as to whether the sale
involves food or drugs damaged by fire or other casualty. If so, the approval
of the Department for Human Resources shall be obtained before the application
may be accepted;
(17) A full,
detailed, and complete inventory of the goods that are to be sold on pages of
the form provided for that purpose;
(18) The total value of the inventory at
cost;
(19) The total value of the
inventory at retail;
(20) A bond
payable to the Commonwealth of Kentucky in the penal sum of $1,000, with a
notarized statement of intent to comply with all laws related to the
license;
(21) A notarized statement
that the information provided is true and accurate;
(22) An itemized inventory, consisting of
sufficient information concerning each item or class of item to allow clear
identification. This information shall include, but not be limited to the
quantity, make, brand name, manufacturer's number, the name and address of the
seller or supplier of the goods, the date of purchase, the date of delivery of
the goods, the model, if applicable, or any other information necessary to
clearly identify the goods. A separate listing, in like manner, shall be made
of any goods purchased within the ninety (90) day period immediately prior to
the date of this application;
(23)
A certification of the inventory by the authorized individual filing the
application that the inventory provided is true and accurate. The statement
shall be signed by the applicant and be notarized;
(24) A statement of requirements to be
observed in conducting a fire, removal, or other sale pursuant to the license.
This shall include:
(a) The posting of a
duplicate of the license on the front door of the premises at which the sale
will be held, in such a manner that it will be clearly visible from the
outside;
(b) A posting of a copy of
the inventory in a conspicuous place in the sales room;
(c) That all advertising relating to the sale
shall prominently state the final date of the sale and the sale license number;
and
(d) If the licensee is engaged
in business at other locations, advertising for such other locations shall not
represent or imply participation in or cooperation with the sale at the
premises specified in the license. Advertising for the licensed sale at the
premises specified in the license shall not represent or imply any
participation in or cooperation with such sale at any other
locations;
(25) A
license for the sale, which shall include the name of the title of the county
clerk, the number of the license, the name of the business conducting the sale,
the type and style of the sale, the location at which the sale shall be held,
the expiration date of the license, the date of issuance of the license, and
the signature of the county clerk.
Section 2.
(1) The "Application for License to Conduct a
Removal Sale Form GOB-1" is incorporated by reference.
(2) Copies of the "Application For License To
Conduct A Removal Sale Form GOB-1" may be inspected, copied, or obtained at the
Office of the Attorney General, Consumer Protection Division, 1024 Capital
Drive, Frankfort, Kentucky 40602, between the hours of 8:30 a.m. and 4:30 p.m.,
Monday through Friday.
STATUTORY AUTHORITY: KRS 15.180, 365.420(7), 367.150(4)
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