As used in KRS 365.655 to 365.695 unless the context requires otherwise:
(1) "Transient merchant" means any person, firm, corporation, partnership or other
entity which engages in, does or transacts any temporary or transient business in the
state, either in one (1) locality or in traveling from place to place in the state,
offering for sale or selling goods, wares, merchandise or commodities of any kind,
and includes those merchants who, for the purpose of carrying on such business,
hire, lease, use or occupy any building, structure, motor vehicle or real estate; and
(2) "Temporary or transient business" means any business conducted for the sale or
offer for sale of goods, wares or merchandise which is carried on in any building,
structure, motor vehicle or real estate in one (1) locality for a period of less than six
(6) months in each year.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 70, sec. 1, effective July 15, 1986.
365.660 Permit required.
It is unlawful for any transient merchant to transact business in any county of this state
unless such merchant and the owners of any goods, wares or merchandise to be offered
for sale or sold, if such are not owned by the merchant, shall have first secured a permit
and shall have otherwise complied with the requirements of KRS 365.650 to 365.695.
Effective: July 15, 1986.
History: Created 1986 Ky. Acts ch. 70, sec. 3, effective July 15, 1986.
365.665 Application for permit.
Any transient merchant desiring to transact business in any county in this state shall make
application for and obtain a permit in each county in which the merchant desires to
transact business at least ten (10) days prior to transacting business in the county. The
application for permit shall be designed and distributed by the Department of Revenue,
shall be filed by the transient merchant with the county clerk, or the officer of an urbancounty government having the responsibility for the issuance of business permits and
licenses generally and shall include but not be limited to the following information:
(1) The name and permanent address of the transient merchant making the application,
and if the applicant is a firm or corporation, the name and address of the members
of the firm or the officers of the corporation;
(2) If the applicant is a corporation, there shall be stated on the application form the
date of incorporation, the state of incorporation, and if the applicant is a corporation
formed in a state other than Kentucky, the date on which such corporation qualified
to transact business as a foreign corporation in this state;
(3) A statement showing the kind of business proposed to be conducted, the length of
time for which the applicant desires to transact such business and the location of the
proposed place of business;
(4) An estimate of the aggregate market value of any goods, wares or merchandise to be
offered for sale during the permit period;
(5) A statement that the applicant has acquired all other required city, county and state
permits and licenses;
(6) The applicant's sales and use tax permit number or temporary vendor's registration
number, and the Social Security numbers, of all salesmen employed by the
applicant, or representing the applicant, in the transaction of business in the
Commonwealth of Kentucky;
(7) The name and permanent address of the transient merchant's registered agent or
(8) Evidence of security as outlined in KRS 365.680. The absence of any of the above
information shall result in the denial of the permit by the county clerk.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 691, effective June 20, 2005. -- Amended
1990 Ky. Acts ch. 102, Ky. Acts ch. 2, effective July 13, 1990. -- Created 1986 Ky.
Acts ch. 70, sec. 4, effective July 15, 1986.
365.670 Duty of county clerk.
The county clerk shall forward a copy of each approved application to the Department of
Revenue and to the office of the Attorney General within ten (10) days of approval.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 692, effective June 20, 2005. -- Created
1986 Ky. Acts ch. 70, sec. 5, effective July 15, 1986.
365.680 Permit fee -- Bond.
(1) Each application for a transient merchant permit shall be accompanied by a permit
fee pursuant to KRS 64.012, to be retained by the office of the county clerk or the
officer of an urban-county government having the responsibility for the issuance of
business permits and licenses generally. In addition, any applicant who will be
selling goods, wares or merchandise during the permit period which have an
aggregate market value of one thousand five hundred dollars ($1,500) or more, shall
secure and submit evidence of security, a cash bond or a surety bond in the amount
of one thousand dollars ($1,000) or five percent (5%) of the retail value of any
goods, wares or merchandise to be offered for sale, whichever sum is greater. Such
evidence of security shall be held by the Attorney General and he shall issue a
certificate of security to be used by the applicant as evidence of security.
(2) The surety bond required by this section shall be in favor of the Commonwealth of
Kentucky and shall assure the payment by the applicant of all taxes that may be due
from the applicant to the state or any political subdivision of the state, the payment
of any fines that may be assessed against the applicant or its agents or employees for
violation of the provisions of KRS 365.650 to 365.695, and for the satisfaction of
all judgments that may be rendered against the transient merchant or its agents or
employees in any cause of action commenced by any purchaser of goods, wares or
merchandise within one (1) year from the date of the sale by such transient
(3) The bond shall be maintained so long as the transient merchant conducts business in
the Commonwealth of Kentucky and for a period of one (1) year after the
termination of such business and shall be released only when the transient merchant
furnishes satisfactory proof to the Attorney General that it has satisfied all claims of
purchasers of goods, wares or merchandise from such merchant, and that all state
and local sales taxes and other taxes have been paid.
Effective: January 1, 2007
History: Amended 2006 Ky. Acts ch. 255, sec. 30, effective January 1, 2007; and
ch. 255, sec. 33, effective January 1, 2007. -- Created 1986 Ky. Acts ch. 70, sec. 7,
effective July 15, 1986.
Legislative Research Commission Note (1/1/2007). This section was amended by 2006
Ky. Acts ch. 255, secs. 30 and 33, which are identical and have been codified
365.685 Use of permit -- Limits -- Display -- District Court hearing in case of
A transient business permit shall be used hereunder only when all requirements of KRS
365.650 to 365.695 have been met. Such permit shall not be transferable, shall be valid
only within the territorial limits of the issuing county, and shall be valid only for a period
of ninety (90) days. A permit so issued shall be valid for only one (1) person, unless such
person shall be a member of a partnership or employee of a firm or corporation obtaining
such permit. The permit shall at all times be conspicuously displayed at any place that the
transient merchant is transacting business. If the county clerk refuses to issue the permit,
the applicant may apply to the District Court for a hearing. The clerk shall notify the
county attorney who shall appear in opposition to the issuance of the permit.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 70, sec. 8, effective July 15, 1986.
365.690 Enforcement by Attorney General or county attorney -- Civil penalty.
(1) The Attorney General or county attorney may enforce the provisions of KRS
365.650 to 365.695 by civil action for injunctive relief in the Circuit Court of his
county. In the action to obtain the injunction, it shall be sufficient to allege and
prove that a violation of KRS 365.650 to 365.695 has occurred or is about to occur,
and it shall not be necessary to allege or prove that any person has been damaged or
sustained any loss as a result of any violation of KRS 365.650 to 365.695.
(2) When the provisions of KRS 365.650 to 365.695 are enforced through civil action,
the Attorney General or county attorney may ask for and the court may assess a civil
penalty for the benefit of the Commonwealth, not to exceed the sum of two
thousand dollars ($2,000). The penalty shall be in lieu of all penalties set forth in
(3) Nothing in KRS 365.650 to 365.695 shall be construed to limit or restrict the
exercise of powers or the performance of duties the Attorney General is authorized
to exercise or perform under any provision of law.
Effective: July 15, 2008
History: Amended 2008 Ky. Acts ch. 83, sec. 9, effective July 15, 2008. -- Amended
1994 Ky. Acts ch. 139, sec. 1, effective July 15, 1994. -- Created 1986 Ky. Acts
ch. 70, sec. 9, effective July 15, 1986.
365.695 Regulation by counties or cities.
Nothing in this chapter shall be construed to limit the authority of counties or cities to
levy additional license fees and to require additional bonding for transient merchants
engaging in business in such counties or cities and to otherwise regulate transient
merchants engaging in business in such counties or cities.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 70, sec. 10, effective July 15, 1986.