2022 New York Laws
GBS - General Business
Article 29-F - Going Out of Business Sales
581 - Definitions.

Universal Citation:
NY Gen Bus L § 581 (2022)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
§ 581. Definitions. (a) The term "closing out sale" shall include, but
not  be  limited  to,  all  sales advertised, represented, or held forth
under the designation of "quitting business," "going out  of  business,"
"discontinuance    of   business,"   "closing   out,"   "selling   out,"
"liquidation," "lost our lease," "must vacate," "forced out," "removal,"
"branch store  discontinuance  sale,"  "building  coming  down,"  "end,"
"final  days," "final clearance," "last days," "lease expires," "we give
up sale," "we quit sale," "warehouse closing sale,"  "warehouse  removal
sale," "reorganization sale," or any other advertising or designation by
any other expression or characterization similar to any of the foregoing
giving  notice  to the public that the sale will precede the abandonment
of a business location.

(b) The term "sale of goods damaged by fire, smoke or water" shall include, but not be limited to, all sales advertised, represented or held forth under the designation of "fire sale," "smoke damage sale," "water damage sale," "flood damage sale," "insurance sale," or any other advertising or designation by any other expression or characterization similar to any of the foregoing giving notice to the public that the goods, wares or merchandise offered for sale have been damaged.

(c) The term "defunct business sale" shall include, but not be limited to, all sales advertised, represented or held forth under the designation of "adjuster's sale," "administrator's sale," "assignee's sale," "bankrupt sale," "bankrupt stock sale," "benefit of administrator's sale," "benefit of creditor's sale," "benefit of trustee's sale," "creditor's committee sale," "creditor's sale," "executor's sale," "insolvent sale," "mortgage sale," "receiver's sale," "trustee's sale," or any other advertising or designation by any other expression or characterization similar to any of the foregoing conveying the same meaning or giving notice to the public of a sale resulting from death, business failure, or other adversity.

(d) "Unusual purchase or addition" shall mean any purchase of goods, wares or merchandise during the ninety days preceding the application for a license, the total value of which is at least twenty-five per cent greater than purchases made by the applicant for a like ninety-day period during the year next preceding the year in which the application is made or the total value of which is at least twenty-five per cent greater than the purchases made by the applicant for any ninety-day period if the applicant has been in business for less than one year.

(e) "Person" shall mean any individual, partnership, association, firm or corporation.

(f) "Licensee" shall mean any person granted a license pursuant to the provisions of this article.

(g) "Licensing authority" shall mean that department or officer of any city, town or village established for the specific purpose of issuing licenses, and where there is no such department or officer, it shall mean the clerk of such city, town or village.

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