EXISTENCE OF KENTUCKY DEALER/FRANCHISE TERMINATION, FRAUD AND NON-RENEWAL LAWS AND FRANCHISE INDUSTRY-SPECIFIC LAWS

In Kentucky, the following Dealer/Franchise Termination and Non-Renewal Laws, Fraud, and Franchise Industry-Specific Laws exist:

– Kentucky Does Not Have a Disclosure/Registration Franchise Law
– Kentucky Does Not Have a Relationship/Termination Franchise Law
– Kentucky Has a General Business Opportunity Franchise Law
– Kentucky Has an Alcoholic Beverage Wholesaler/Franchise Law
– Kentucky Does Not Have an Equipment Dealer/Franchise Law
– Kentucky Does Not Have a Gasoline Dealer/Franchise Law
– Kentucky Does Not Have a Marine Dealer/Franchise Law
– Kentucky Has a Motor Vehicle Dealer/Franchise Law
– Kentucky Does Not Have a Motorcycle Dealer/Franchise Law
– Kentucky Does Not Have a Recreational and Power Sports Vehicle Dealer/Franchise Law
– Kentucky Does Have a Restaurant Liability Law

Kentucky does not have a franchise relationship statute, although it does prohibit imposing Sunday open-for-business requirements in franchise contracts as part of lease, franchise, or other contractual arrangement.

KRS § 436.165

436.165 Retail sales and activities on Sunday subject to control of legislative body of city or county; restrictions; public vote

In addition to the provisions of KRS 436.160:

(1) The legislative body of any city, except as to activities permitted under KRS 436.160, shall have the exclusive power to enact ordinances or orders permitting and regulating other retail sales and activities on Sunday within its jurisdictional boundaries, subject to subsection (4) hereof.

(2) The fiscal court of each county, except as to activities permitted under KRS 436.160, shall have exclusive power to enact resolutions or orders permitting and regulating other retail sales and activities on Sunday in that portion of the county which lies outside of the corporate limits of any cities within said county, subject to subsection (4) hereof.

(3) In any city, county, or urban-county government where the legislative body has failed to enact ordinances permitting retail sales and activities on Sunday, the matter may be put to a vote of the people. Upon a petition signed by eligible voters in a number equal to twenty-five percent (25%) of the voters who voted in the last general election, a proposition to permit retail sales and activities on Sunday shall be placed before the voters at the next general election. Any such petition shall be submitted to the county clerk of that county for verification of the signatures. The petition shall be submitted to the county clerk and certified by the county clerk as sufficient not later than the second Tuesday in August prior to a general election to be eligible for placement of the question before the voters.

(4) Notwithstanding subsections (1), (2), and (3) of this section, any ordinance, resolution or order adopted by the legislative body of any city or the fiscal court of any county pertaining to retail sales and activities on Sunday shall be subject to the following limitations:

(a) No employer shall require as a condition of employment that any employee work on Sunday or on any other day of the week which any such employee may conscientiously wish to observe as a religious Sabbath.

(b) No employer shall in any way discriminate in the hiring or retaining of employees between those who designate a Sabbath as their day of rest and those who do not make such designation, provided, however, that the payment of premium or overtime wage rates for Sunday employment shall not be deemed discriminatory.

(c) No person permitted, under the provisions of this section, to engage in a retail business on Sunday shall be open to the public between the hours of 6 a.m. and noon on any Sunday.

(d) Every employer engaged in retail sales on Sunday shall allow each person employed by him in connection with such business or service at least twenty-four (24) consecutive hours of rest in each calendar week in addition to the regular periods of rest normally allowed or legally required in each working day.

(e) No business shall be required to be open on Sunday as part of a lease agreement, franchise agreement or any other contractual arrangement. The provisions of this subsection shall not apply to any lease agreement, franchise agreement or any other contractual arrangement entered into before July 15, 1980.

 

In Kentucky, the following Dealer/Franchise Termination, Fraud and Non-Renewal Laws, and Franchise Industry-Specific Laws, are identified as follows:

Kentucky State Franchise Disclosure/Registration Laws
There is No statute of general applicability regarding Disclosure and Registration in Kentucky
Franchisors must comply with the FTC franchise disclosure rule

Kentucky State Franchise Relationship/Termination Laws
There is No statute of general applicability regarding Franchise Relationships in Kentucky
(Note: Law exists banning Sunday open-for-business requirements in franchise contracts)
Kentucky Revised Statutes, Title XL, Chap. 436, Sec. 436.165
Kentucky State Business Opportunity Laws
Sale of Business Opportunities Law
Kentucky Revised Statutes, Title XXIX, Chapter 367, Sections 367.801 through 367.819 and 367.990
Kentucky Alcoholic Beverage Franchise/Wholesaler Laws
Kentucky .Kentucky malt beverages law
Ky. Rev. Stat. Ann. §244.585, and §244.602 to §244.606 .
Kentucky Equipment Franchise/Dealer Laws
Kentucky Does Not Have a Franchise-Specific Statute in this Industry Niche
Kentucky Gasoline Franchise/Dealer Laws
Kentucky Does Not Have a Franchise-Specific Statute in this Industry Niche
Kentucky Marine Franchise/Dealer Laws
Kentucky Does Not Have a Franchise-Specific Statute in this Industry Niche
Kentucky Motor Vehicle Franchise/Dealer Laws
Kentucky motor vehicle Franchise/Dealer law
Ky. Rev. Stat. §190.010 to §190.085

Kentucky Motorcycle Franchise/Dealer Laws
Kentucky Does Not Have a Franchise-Specific Statute in this Industry Niche
Kentucky Recreational and Powersports Vehicle Franchise/Dealer Laws
Kentucky Does Not Have a Franchise-Specific Statute in this Industry Niche
Kentucky Restaurants
Kentucky Commonsense Consumption Act
Ky. Rev. Stat. Ann. §411.600 to §411.640

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