N.Y. General Business Law § 581: Definitions

§ 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.