§ 583 — Application requirements

§ 583. Application requirements. (a) Any person desiring to conduct\nany sale as defined in section five hundred eighty-one shall make a\nwritten application under oath to the licensing authority of the\nappropriate city, town or village in which the sale is to be held.\n (b) If the application is for a "closing out sale" or a "defunct\nbusiness sale," it shall be filed at least fifteen days prior to the\ndate on which such sale is to commence.\n (c) If the application is for a "sale of goods damaged by fire, smoke\nor water," it may be made at any time prior to the date on which such\nsale is to commence.\n (d) Such application shall set forth and contain the following\ninformation: (1) The name and address of the applicant, whether the\napplicant is the true owner of the goods, wares or merchandise to be\nsold, and if the applicant be a partnership, the names and addresses of\nall partners, or if the applicant be a corporation or association, the\ndate and place of incorporation or organization, the address of the\nprincipal office within the state, the names and addresses of all the\nofficers of the applicant and whether controlling interest in the\ncorporation or association was transferred within six months prior to\nthe date of the filing of the application.\n (2) The name and address of the person or persons who will be in\ncharge and responsible for the conduct of such sale.\n (3) The exact address of the place at which the proposed sale is to be\nconducted and the length of time the applicant has been engaged in\nbusiness at such location.\n (4) The date on which it is proposed to begin the sale.\n (5) The nature of the occupancy where such sale is to be held, whether\nby lease or otherwise, and the effective date of termination of such\noccupancy.\n (6) The reason for the urgent and expeditious disposal of the goods,\nwares or merchandise to be offered at such sale.\n (7) A statement of the descriptive name of the sale.\n (8) If the application is for a "closing out sale" or a "defunct\nbusiness sale," a statement whether the business is to be terminated\npermanently or reopened at another location; the location of the\npremises at which the business is to be reopened; whether the applicant\nintends to resume the operation of the business upon the termination of\nthe sale; and the name or designation under which such business is to be\nresumed.\n (9) A full, complete, detailed, and itemized inventory of the goods,\nwares, and merchandise to be offered at such sale as disclosed by\napplicant's records, which inventory shall:\n (i) Itemize the goods, wares and merchandise to be offered for sale\nand contain sufficient information concerning each item, including\nquantity, make, brand name, model and manufacturer's number, if any, to\nclearly identify it;\n (ii) List separately any goods, wares and merchandise to be offered\nfor sale which were purchased and received during a ninety-day period\nimmediately prior to the date of making application for the license;\n (iii) List the total retail value of the inventory of goods, wares and\nmerchandise to be offered at such sale based on the inventory used for\napplicant's most recent federal income tax return adjusted for sales and\npurchases.\n (10) If the application is for a license to conduct a "sale of goods\ndamaged by fire, smoke, or water" and the applicant was not the owner at\nthe time when the goods, wares and merchandise to be offered at the\ncontemplated sale were damaged, he shall attach to the said application\ncopies of the bill of sale and all other documents connected with such\ntransfer obtained by him from the previous owner of such goods, wares\nand merchandise.\n (11) If the application is for a license to conduct a "defunct\nbusiness sale," and the applicant was not the owner of the goods, wares\nand merchandise to be offered at the contemplated sale at the time of\noccurrence of the circumstances warranting the termination of such\nbusiness, he shall attach to the application copies of the bill of sale\nand the official appraisal made by the trustee, receiver, assignee for\nbenefit of creditors, referee in bankruptcy, or the personal\nrepresentative of a decedent.\n (12) A statement that no goods, wares and merchandise will be added to\nthe inventory after the application is made.\n (13) A statement that all goods, wares and merchandise included in\nsuch inventory have been purchased by the applicant for resale on orders\nwithout cancellation privileges and that said inventory comprises no\ngoods, wares and merchandise purchased on consignment.\n (14) A statement that no goods, wares and merchandise listed in the\ninventory have been the subject of a licensed sale conducted within one\nyear prior to the date of the application, unless they were damaged by\nfire, smoke, or water while in the possession of the applicant.\n (e) Upon compliance with the foregoing and subject to the provisions\nof subdivision (a) of section five hundred eighty-seven, the licensing\nauthority of the appropriate city, town or village in which the sale is\nto be held shall, within forty-eight hours after submission of the\napplication to it, exclusive of Saturdays, Sundays and public holidays,\nissue a license to conduct the sale which is the subject of the\napplication.\n