2023 New York Laws › GBS - General Business › Article 29-F - Going Out of Business Sales › 581 - Definitions.

§ 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  down,"  "end,"
"final  days," "final clearance," "last days," "lease expires," "we give
up sale," "we quit sale," "warehouse closing sale,"  "warehouse  removal
sale," "reorganization sale," or any other advertising or designation by
any other expression or characterization similar to any of the foregoing
giving  notice  to the public that the sale will precede the abandonment
of a business location.
(b) The term "sale of goods damaged by fire,  smoke  or  water"  shall
include,  but  not  be  limited to, all sales advertised, represented or
held forth under the designation of "fire sale,"  "smoke  damage  sale,"
"water damage sale," "flood damage sale," "insurance sale," or any other
advertising  or  designation by any other expression or characterization
similar to any of the foregoing giving notice to  the  public  that  the
goods, wares or merchandise offered for sale have been damaged.
(c) The term "defunct business sale" shall include, but not be limited
to,   all   sales  advertised,  represented  or  held  forth  under  the
designation of "adjuster's sale,"  "administrator's  sale,"  "assignee's
sale,"   "bankrupt   sale,"   "bankrupt   stock   sale,"   "benefit   of
administrator's  sale,"  "benefit  of  creditor's  sale,"  "benefit   of
trustee's   sale,"   "creditor's  committee  sale,"  "creditor's  sale,"
"executor's sale," "insolvent sale," "mortgage sale," "receiver's sale,"
"trustee's sale," or any other advertising or designation by  any  other
expression or characterization similar to any of the foregoing conveying
the same meaning or giving notice to the public of a sale resulting from
death, business failure, or other adversity.
(d)  "Unusual  purchase or addition" shall mean any purchase of goods,
wares or merchandise during the ninety days  preceding  the  application
for a license, the total value of which is at least twenty-five per cent
greater  than  purchases  made  by  the  applicant for a like ninety-day
period during the year next preceding the year in which the  application
is  made  or  the  total value of which is at least twenty-five per cent
greater than the purchases made by  the  applicant  for  any  ninety-day
period if the applicant has been in business for less than one year.
(e) "Person" shall mean any individual, partnership, association, firm
or corporation.
(f) "Licensee" shall mean any person granted a license pursuant to the
provisions of this article.
(g) "Licensing authority" shall mean that department or officer of any
city,  town  or  village established for the specific purpose of issuing
licenses, and where there is no such department  or  officer,  it  shall
mean the clerk of such city, town or village.