2013 Kentucky Revised Statutes CHAPTER 367 - CONSUMER PROTECTION 367.906 Form and amount of surety bonds -- Exemptions from bonding requirement -- Effect of change in membership, ownership.
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367.906 Form and amount of surety bonds -- Exemptions from bonding
requirement -- Effect of change in membership, ownership.
(1)
(2)
(3)
(4)
(5)
(6)
The surety bond required by KRS 367.905(1)(b) shall be in favor of the
Attorney General's Division of Consumer Protection and shall be held for
compensation to any member who suffers loss of money paid due to the
insolvency of the health spa, cessation of operation of the health spa, or failure
of the health spa to open for business within ninety (90) days from the sale of
the first contract.
The bond shall be in a form prescribed by the Attorney General's Division of
Consumer Protection and shall be issued by a company authorized to transact
business in the Commonwealth of Kentucky.
The amount of the bond shall be computed as follows:
Number of
unexpired contracts
Amount of bond
150 or fewer
$10,000
151 to 300
$25,000
301 or more
$50,000
The Attorney General's Division of Consumer Protection shall exempt a spa
from the bonding requirement if all of its unexpired contracts and present
membership plans meet the following criteria:
(a) No initiation fee, or similar nonrecurring fee, is charged at or near the
beginning of the contract term or renewal period, and
(b) At no time is any member charged for use of facilities or services more
than thirty-one (31) days in advance.
If, because of an increase in membership or change in membership plans, a
spa is required to file a bond or increase the amount of its bond, it shall notify
the Attorney General's Division of Consumer Protection in writing at least thirty
(30) days prior to the expected change. No contract in excess of the limits
stated in subsection (3) of this section or not in compliance with subsection (4)
of this section shall be sold until a new bond in the required amount has been
provided.
A change in ownership shall not release, cancel or terminate liability under any
bond previously filed unless the Attorney General's Consumer Protection
Division agrees in writing to the release, cancellation or termination because
the new owner has filed a new bond for the benefit of the previous owner's
members, or because the former owner has paid the required refunds to its
members.
Effective:July 15, 1988
History: Created 1988 Ky. Acts ch. 367, sec. 1, effective July 15, 1988.
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