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367.178 Collection of donated clothing, household items, or other items for resale.
(1) (a) As used in this section, "charitable or civic organization" means a person
determined by the Internal Revenue Service or the Kentucky Department of <br>Revenue to be a tax-exempt organization.
(b) "Charitable or civic organization" does not include a person or organization
operating for profit.
(2) A person that is not a charitable or civic organization shall not place or maintain a
receptacle in public view for the purpose of collecting donated clothing, household <br>items, and other items for future resale unless the person places on the receptacle a <br>permanent label or sign that includes the following information: <br>(a) A statement that reads as follows: "Donations made here support a for-profit
business, do not qualify as a charitable contribution, and are not tax-<br>deductible."; and
(b) The person's name and phone number or e-mail address.
The sign or label shall be in the largest lettering that the receptacle will <br>accommodate, but shall not be less than three (3) inches in height and one-half (1/2) <br>inch in width. The sign or label shall be placed immediately below the opening in <br>the box used to deposit donations.
(3) A violation of this section shall be an unlawful act under KRS 367.170. <br>(4) The county attorney shall have concurrent jurisdiction with the Attorney General in
enforcing this section, and shall have the powers granted the Attorney General <br>under KRS 367.110 to 367.300 if he or she assumes jurisdiction. Actions brought <br>under KRS 367.990(1) and (2) by the county attorney shall be in the name of the <br>county and any penalties imposed shall be paid to the county.
Effective: June 25, 2009 <br>History: Created 2009 Ky. Acts ch. 28, sec. 1, effective June 25, 2009.
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