§ 587 — Investigation of application; grounds for denial; revocation of license

§ 587. Investigation of application; grounds for denial; revocation of\nlicense. (a) Upon receipt of the application, the licensing authority of\nthe appropriate city, town or village in which such sale is to be held\nmay make or cause to be made an examination into any or all the facts\ncontained in the application and inventory in relation to the proposed\nsale. A license shall be denied or refused if any one or more of the\nfollowing facts or circumstances is found to exist:\n (1) That the applicant is not the true owner of the goods, wares and\nmerchandise to be sold.\n (2) That the applicant has not been the owner of the business\nadvertised or described in the application for a license hereunder for a\nperiod of at least six months prior to the date of the application, or,\nif the applicant be a corporation or association, controlling interest\nin the corporation or association had been transferred within six months\nprior to the date of the application for a license hereunder, except-\n (i) Where the application is for a license for a "sale of goods\ndamaged by fire, smoke, or water," or a "defunct business sale," and the\ninventory listed in the application contains only those goods, wares or\nmerchandise which were on the premises at the time of the occurrence of\nthe circumstances warranting the granting of a license hereunder;\n (ii) Upon the death of a person doing business in the state, the\nrepresentatives of his estate, or his or her heirs, distributees,\ndevisees, legatees, or their successors and assignees, shall have the\nright to apply at anytime for a license hereunder;\n (iii) Where a business is required or compelled to be discontinued\nbecause the premises upon which it is being conducted have been taken by\neminent domain or because the premises must be vacated pursuant to legal\nor judicial proceedings.\n (3) That in the case of a "closing out sale," the applicant, either as\nowner, partner, member of an association, or principal stockholder of a\ncorporation, was granted a prior license hereunder within one year\npreceding the date of the filing of the application, or the applicant,\nwithin one year prior to the date of filing of the application, has\nconducted a sale in connection with which he advertised or represented\nthat the entire business conducted at the particular location for which\nthe license is sought was to be closed out or terminated.\n (4) That the inventory contains goods, wares or merchandise not\npurchased by the applicant for resale on bona fide orders without\ncancellation privileges.\n (5) That the inventory contains goods, wares or merchandise purchased\nby the applicant on consignment, except if the consigned goods, wares or\nmerchandise have been damaged while in the applicant's actual\npossession.\n (6) That the applicant has within one year prior to the filing of the\napplication been convicted of a violation of this act.\n (7) That the goods, wares or merchandise as described in the inventory\nwere transferred or assigned to the applicant prior to the date of the\nfiling of the application and that said transfer or assignment was not\nmade for a valuable and adequate consideration.\n (8) That in the case of a "closing out sale" or a "defunct business\nsale," the inventory contains goods, wares or merchandise purchased by\nthe applicant or added to his stock in contemplation of such sale and\nfor the purpose of selling the same at such sale. Any unusual purchase\nor addition shall be presumptive evidence that such purchase or\nadditions were made in contemplation of such sale and for the purpose of\nselling the same at such sale.\n (9) That any representation made in the application is knowingly\nfalse.\n (b) Revocation. The licensing authority shall revoke any license\ngranted under the provisions of this article if, after investigation, it\nshall determine:\n (1) That any sale by the applicant has been or is being conducted in\nviolation of any provision of this article, or;\n (2) That the applicant has made any material misstatement in his\napplication for said license, or;\n (3) That the applicant has knowingly failed to include in the\ninventory, filed with this application, all goods, wares or merchandise\nrequired to be contained in such inventory, or;\n (4) That the applicant has added or permitted to be added to said sale\nor offered or permitted to be offered at said sale, any goods, wares or\nmerchandise not described in the original application and inventory, or;\n (5) That the applicant made or permitted to be made any false,\nmisleading or deceptive statements, whether written or oral, in\nadvertising said sale, or in displaying, ticketing, or pricing goods,\nwares or merchandise offered for sale.\n (c) Any complaint filed with the licensing authority concerning any\nviolation of this article shall be in writing and duly verified by the\ncomplainant.\n (d) If the licensing authority shall revoke any license pursuant to\nthe provisions of subsection (b), it shall serve notice of such\nrevocation upon the licensee within twenty-four hours of the revocation.\nNotice of revocation shall be served on the licensee in the same manner\nas a summons as prescribed by the civil practice law and rules or by\nregistered or certified mail, return receipt requested. The failure of\nthe licensee to discontinue said sale upon receipt of such notice shall\nconstitute a violation of this article.\n