Kentucky Administrative Regulations › Title 40 - DEPARTMENT OF LAW › Chapter 2 - Office of Consumer Protection › Section 40 KAR 2:210 - Application for conducting more than two (2) going-out-of-business sales in four (4) years form

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				365.447
NECESSITY, FUNCTION, AND CONFORMITY: To fulfill the requirement
				for an application form to conduct more than two (2) going-out-of-business
				sales in a four (4) year period identified in
				KRS
				365.447.
Section
			 1. Application for Excess Permits Form. The "Application for
			 Excess Permits Form GOB-2" required by
			 KRS
			 365.447 shall contain the following
			 information:
(1) The title of the county
			 clerk;
(2) The number of
			 going-out-of-business permits acquired by the applicant during past four (4)
			 years;
(3) For each of the previous
			 sales, the applicant shall provide the name of the store involved, the name(s)
			 of the owner(s), and the date and address of the sale;
(4) The name and address of the owner(s) of
			 the goods to be sold. If the owner is a partnership, corporation, firm, or
			 association, list all partners and officers;
(5) The address of the principal office of
			 the applicant in Kentucky;
(6) The
			 date and place of incorporation or organization of the business;
(7) Whether the controlling interest in the
			 firm or business has been transferred within the twelve (12) months prior to
			 the filing of the application. If the answer is yes, then specify the parties
			 to the transfer and the date of the transfer;
(8) The name and style in which the sale is
			 to be conducted;
(9) The address of
			 the premises where the sale will be conducted;
(10) The date the sale is to begin and the
			 projected duration of the sale;
(11) The name and address of the person who
			 will be in charge and responsible for the conduct of the sale;
(12) Nature of the occupancy (lease, etc.) of
			 the premises where the sale is to be held, and the effective date of the
			 termination of the occupancy;
(13)
			 The condition or necessity which is the occasion of the sale;
(14) An explanation of the condition or
			 necessity for the previous sales, and the legitimate business reason for
			 obtaining the excess permits;
(15)
			 The name of the sale, and the reason why the name is truthfully descriptive of
			 the sale;
(16) The location to
			 which the business will be relocated if the sale is a removal sale;
(17) The time, location, and cause of damage
			 to the goods if the license is to conduct a fire sale;
(18) Whether the sale involves foods or drugs
			 damaged by fire or other casualty. If it does, proof of approval by the
			 Department for Human Resources must be provided before the application may be
			 accepted;
(19) The total value of
			 the inventory at cost, with inventory pages from Form GOB-1 attached;
(20) The total value of the inventory at
			 retail from the attached GOB-1 inventory pages;
(21) A sworn and notarized statement from the
			 authorized individual filing the application;
(22) A notice that the applicant will be
			 charged the actual costs of the Attorney General's investigation. The minimum
			 charge will be twenty-five (25) dollars, and the maximum charge will be
			 $250.