40 KAR 2:200. Application for removal sale license form

Link to law: http://www.lrc.ky.gov/kar/040/002/200.htm
Published: 2015

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      40 KAR 2:200. Application for removal sale license

form.

 

      RELATES TO: KRS 365.420

      STATUTORY AUTHORITY: KRS 15.180, 365.420(7),

367.150(4)

      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. (21 Ky.R. 702; Am. 1293; eff. 10-12-94.)