N.Y. General Business Law § 583: Application requirements

§ 583. Application requirements. (a) Any person desiring to conduct

any sale as defined in section five hundred eighty-one shall make a

written application under oath to the licensing authority of the

appropriate city, town or village in which the sale is to be held.

(b) If the application is for a "closing out sale" or a "defunct

business sale," it shall be filed at least fifteen days prior to the

date on which such sale is to commence.

(c) If the application is for a "sale of goods damaged by fire, smoke

or water," it may be made at any time prior to the date on which such

sale is to commence.

(d) Such application shall set forth and contain the following

information: (1) The name and address of the applicant, whether the

applicant is the true owner of the goods, wares or merchandise to be

sold, and if the applicant be a partnership, the names and addresses of

all partners, or if the applicant be a corporation or association, the

date and place of incorporation or organization, the address of the

principal office within the state, the names and addresses of all the

officers of the applicant and whether controlling interest in the

corporation or association was transferred within six months prior to

the date of the filing of the application.

(2) The name and address of the person or persons who will be in

charge and responsible for the conduct of such sale.

(3) The exact address of the place at which the proposed sale is to be

conducted and the length of time the applicant has been engaged in

business at such location.

(4) The date on which it is proposed to begin the sale.

(5) The nature of the occupancy where such sale is to be held, whether

by lease or otherwise, and the effective date of termination of such

occupancy.

(6) The reason for the urgent and expeditious disposal of the goods,

wares or merchandise to be offered at such sale.

(7) A statement of the descriptive name of the sale.

(8) If the application is for a "closing out sale" or a "defunct

business sale," a statement whether the business is to be terminated

permanently or reopened at another location; the location of the

premises at which the business is to be reopened; whether the applicant

intends to resume the operation of the business upon the termination of

the sale; and the name or designation under which such business is to be

resumed.

(9) A full, complete, detailed, and itemized inventory of the goods,

wares, and merchandise to be offered at such sale as disclosed by

applicant's records, which inventory shall:

(i) Itemize the goods, wares and merchandise to be offered for sale

and contain sufficient information concerning each item, including

quantity, make, brand name, model and manufacturer's number, if any, to

clearly identify it;

(ii) List separately any goods, wares and merchandise to be offered

for sale which were purchased and received during a ninety-day period

immediately prior to the date of making application for the license;

(iii) List the total retail value of the inventory of goods, wares and

merchandise to be offered at such sale based on the inventory used for

applicant's most recent federal income tax return adjusted for sales and

purchases.

(10) If the application is for a license to conduct a "sale of goods

damaged by fire, smoke, or water" and the applicant was not the owner at

the time when the goods, wares and merchandise to be offered at the

contemplated sale were damaged, he shall attach to the said application

copies of the bill of sale and all other documents connected with such

transfer obtained by him from the previous owner of such goods, wares

and merchandise.

(11) If the application is for a license to conduct a "defunct

business sale," and the applicant was not the owner of the goods, wares

and merchandise to be offered at the contemplated sale at the time of

occurrence of the circumstances warranting the termination of such

business, he shall attach to the application copies of the bill of sale

and the official appraisal made by the trustee, receiver, assignee for

benefit of creditors, referee in bankruptcy, or the personal

representative of a decedent.

(12) A statement that no goods, wares and merchandise will be added to

the inventory after the application is made.

(13) A statement that all goods, wares and merchandise included in

such inventory have been purchased by the applicant for resale on orders

without cancellation privileges and that said inventory comprises no

goods, wares and merchandise purchased on consignment.

(14) A statement that no goods, wares and merchandise listed in the

inventory have been the subject of a licensed sale conducted within one

year prior to the date of the application, unless they were damaged by

fire, smoke, or water while in the possession of the applicant.

(e) Upon compliance with the foregoing and subject to the provisions

of subdivision (a) of section five hundred eighty-seven, the licensing

authority of the appropriate city, town or village in which the sale is

to be held shall, within forty-eight hours after submission of the

application to it, exclusive of Saturdays, Sundays and public holidays,

issue a license to conduct the sale which is the subject of the

application.