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365.430 Issuance of license -- Scope of authorization.
(1)
(2)
The clerk, upon receipt of an application giving fully and completely the
information under oath as required by KRS 365.420 and upon receipt of the fee
provided for in KRS 365.445, shall issue a license to the applicant, authorizing
the applicant to advertise, represent, and sell the particular goods so
inventoried at the time and place stated in the application and in true
accordance with the provisions of KRS 365.410 to 365.480 and 365.992. The
license shall be issued in duplicate and shall bear a number and date of its
expiration. A license issued under KRS 365.410 to 365.480 and 365.992 shall
be granted and valid only for the sale of the inventoried goods which are the
property of the licensee. The license shall apply only to the premises specified
in the application, and it may not be transferred or assigned. If a licensee under
KRS 365.410 to 365.480 and 365.992 is engaged in business in other
locations, advertising or offering of goods on behalf of the other locations shall
not represent or imply any participation in or cooperation with the sale on the
premises specified in the license, nor shall any advertising or other offering of
goods on behalf of the premises where the licensed sale is being conducted
represent or imply any participation in or cooperation with the sale at other
locations. No license under KRS 365.410 to 365.480 and 365.992 shall be
issued to any person:
(a) To conduct a sale in the trade name or style of a person in whose goods
the applicant for the license has acquired a right or title thereto within
twelve (12) months prior to the time of making application for the license.
(b) To continue a sale in the name of a licensee under KRS 365.410 to
365.480 and 365.992 whose goods the applicant acquired a right or title
while the sale is in progress.
Paragraphs (a) and (b) of subsection (1) shall not apply to any person who has
acquired a right, title, or interest in goods as an heir, devisee, or legatee or
pursuant to an order or process of a court of competent jurisdiction.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 305, sec. 3, effective July 15, 1994. -Created 1966 Ky. Acts ch. 60, sec. 4.
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