§ 580. Purpose and intent. It is hereby determined and declared that sales to be licensed and regulated pursuant to the provisions of this article have often been conducted and advertised in such a manner as to mislead and defraud the public and otherwise to result in harm to the public interest. Such fraud and […]
§ 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 […]
§ 582. Unlawful advertisement. It shall be unlawful for any person to advertise or hold out by any means that the sale of any goods, wares or merchandise to the public is a “closing out sale,” “a sale of goods damaged by fire, smoke or water,” or a “defunct business sale,” unless a license is […]
§ 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” […]
§ 584. Exceptions. The provisions of this article shall not apply to any sale advertised as an “alteration sale,” “remodeling sale,” “clearance sale,” “surplus stock liquidation sale,” “floor sample sale,” “inventory reduction sale,” “special purchase sale,” or any other advertising or designation by any other expression or characterization similar to any of the foregoing giving […]
§ 585. Branch stores and warehouses. If the applicant for a license hereunder owns, conducts or operates more than one store, or a warehouse in connection with such store or stores, the license issued will apply only to the one store or warehouse for which it was issued, and no other store, branch or warehouse […]
§ 586. Substitution, addition and commingling of goods; license void; certain purchases prohibited. (a) Any substitution for or addition to goods described in an inventory filed pursuant to this article, or any change in the time or place of a sale conducted pursuant thereto, shall be unlawful and any license issued for such sale shall […]
§ 587. Investigation of application; grounds for denial; revocation of license. (a) Upon receipt of the application, the licensing authority of the appropriate city, town or village in which such sale is to be held may make or cause to be made an examination into any or all the facts contained in the application and […]
§ 588. Appeal from denial or revocation of license. Any applicant for a license who is aggrieved by the denial or revocation of a license may apply to the supreme court in the judicial district in which the place of the proposed sale is located for a review of such denial or revocation by a […]
§ 589. Copy of application; inventory and license to be posted; license to be referred to in advertisements. A copy of the application for a license to conduct a sale under this article, including the inventory filed therewith, shall be posted in a conspicuous place in the sales room or place where the inventoried goods, […]
§ 590. Duration of sale; license fee. (a) A license to conduct a sale issued pursuant to this article shall be good for no more than a period of thirty consecutive calendar days and may be renewed for one consecutive period not exceeding thirty consecutive calendar days upon the affidavit of the applicant that the […]
§ 591. Opening of a similar business. Opening of a business similar to the one for which the sale, licensed pursuant to this article, was conducted, except the licensed “sale of goods damaged by fire, smoke or water,” by the person, partnership, association, corporation, or partner of a partnership, officer of an association or principal […]
§ 592. Records. (a) Suitable books and records concerning any sale licensed pursuant to this article shall be kept by the licensee for the duration of the licensed sale and one year thereafter, and shall be open for inspection by the licensing authority of the appropriate city, town or village in which such sale was […]
§ 593. Injunctions. Upon application by the licensing authority of the appropriate city, town or village in which a “closing out sale,” “a sale of goods damaged by fire, smoke or water,” or a “defunct business sale” is being held, the supreme court of the county wherein a violation of this act occurred may restrain […]
§ 594. Penalties. Any person violating any provision of this article shall be guilty of an unclassified misdemeanor punishable by a fine of two hundred fifty dollars or imprisonment for one year or both, and each day upon which any sale is conducted in violation of this article shall be a separate violation.
§ 595. Application of article. This article shall apply only to any city, town or village having a population of less than one million.
§ 596. Saving clause. If any section or provision of this article shall at any time be declared to be unconstitutional, it is the expressed legislative intent that no other section or provision hereof be thereby affected.
