Section 581. Definitions  


Latest version.
  • (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.