NY Gen Bus L § 583 (2021)
2021 New York Laws GBS - General Business Article 29-F - Going Out of Business Sales 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.