2012 Kentucky Revised Statutes
CHAPTER 367 CONSUMER PROTECTION
367.178 Collection of donated clothing, household items, or other items for resale.
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<![CDATA[367.178 Collection of donated clothing, household items, or other items for resale.
(1)
(2)
(3)
(4)
(a)
As used in this section, "charitable or civic organization" means a person
determined by the Internal Revenue Service or the Kentucky Department of
Revenue to be a tax-exempt organization.
(b) "Charitable or civic organization" does not include a person or organization
operating for profit.
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
items, and other items for future resale unless the person places on the receptacle a
permanent label or sign that includes the following information:
(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 taxdeductible."; 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
accommodate, but shall not be less than three (3) inches in height and one-half (1/2)
inch in width. The sign or label shall be placed immediately below the opening in
the box used to deposit donations.
A violation of this section shall be an unlawful act under KRS 367.170.
The county attorney shall have concurrent jurisdiction with the Attorney General in
enforcing this section, and shall have the powers granted the Attorney General
under KRS 367.110 to 367.300 if he or she assumes jurisdiction. Actions brought
under KRS 367.990(1) and (2) by the county attorney shall be in the name of the
county and any penalties imposed shall be paid to the county.
Effective: June 25, 2009
History: Created 2009 Ky. Acts ch. 28, sec. 1, effective June 25, 2009.
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