2023 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.