407.339. Bond, filed with attorney general, amount, exceptions--separate locations, bond required for each--claims against, cancellation of, when.
Bond, filed with attorney general, amount, exceptions--separatelocations, bond required for each--claims against, cancellation of,when.
407.339. 1. Before entering into any nonprepayment healthspa contract, every health spa except any health spa which hasbeen engaged in such business in any county of the first orsecond class or in any city not located within a county for atleast three years prior to August 13, 1988, and except in anycounty of the third or fourth class for at least one year priorto August 13, 1988, shall file and maintain with the office ofthe attorney general, in form and substance satisfactory to him,a bond with corporate surety, from a company authorized totransact business in this state or a letter of credit from a bankinsured by the Federal Deposit Insurance Corporation in theamounts indicated below:
Number of unexpired Amount of bond
contracts exceeding or letter of
three months credit
500 or less $10,000
501 to 1000 $20,000
more than 1000 $25,000The number of unexpired contracts exceeding three months shall beseparately calculated for each location where health spa servicesare offered. Any health spa subject to the requirements of thissection shall be exempt from its provisions after such health spahas been engaged in business for three years.
2. Each separate location where health spas services areoffered shall be considered a separate health spa and shall filea separate bond or letter of credit with respect thereto, eventhough the separate locations are owned or operated by the sameowner; but, no owner shall be required to file with the office ofthe attorney general bonds or letters of credit in excess ofseventy-five thousand dollars. If the seventy-five thousanddollar limit is applicable, then the bonds or letters of creditfiled by such owner shall apply to all health spas owned oroperated by the same owner.
3. A health spa which has not filed a bond or letter ofcredit may nevertheless sell health spa contracts of up tothirty-six months' duration so long as the amount of paymentactually charged, due or received each month by the health spa orany holder of its health spa contracts does not exceed themonthly fee calculated pursuant to the definition thereof insection 407.325.
4. The bond required by subsection 1 of this section shallbe renewed annually. No bond required of any health spa underthe provisions of sections 407.325 to 407.340 shall be canceledby either party without thirty days written notice prior to theintended cancellation date. All claims against the holder of thebond must be made within ninety days after the expiration orcancellation of the bond.
(L. 1988 S.B. 486 § 9)