Section 583. Application requirements  


Latest version.
  • (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.