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

Current through Register Vol. 51, No. 1, July 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.