Section 25-C. Administrative provisions


Latest version.
  • -- Any local law adopted pursuant to
      this  article  may also contain, in addition to the provisions set forth
      in section twenty-five-a of this chapter, and to the  extent  consistent
      with  this  article,  other provisions necessary and appropriate for the
      imposition, collection and administration of the tax herein  authorized,
      including a provision substantially the same as the following:
        Whenever  there  is made a sale, transfer or assignment in bulk of any
      part or the  whole  of  a  stock  of  merchandise  or  of  fixtures,  or
      merchandise and of fixtures pertaining to the conducting of the business
      of  the  seller, transferrer or assignor, otherwise than in the ordinary
      course of trade and in the regular prosecution  of  said  business,  the
      puchaser,  transferee  or assignee shall at least ten days before taking
      possession of such merchandise, fixtures, or merchandise  and  fixtures,
      or  paying  therefor, notify the administrator by registered mail of the
      proposed sale and of the price, terms and conditions thereof, whether or
      not the seller, transferrer or assignor, has represented to, or informed
      the purchaser, transferee or assignee, that it owes any tax pursuant  to
      this local law, whether or not the purchaser, transferee or assignee has
      knowledge  that  such taxes are owing, and whether or not any such taxes
      are in fact owing.
        Whenever the purchaser, transferee or assignee shall fail to give  the
      notice  to  the  administrator  required  by the preceding paragraph, or
      whenever the administrator shall inform  the  purchaser,  transferee  or
      assignee that a possible claim for such tax or taxes exists, any sums of
      money,  property  or choses in action, or other consideration, which the
      purchaser, transferee or assignee is required to transfer  over  to  the
      seller,  transferrer  or  assignor  shall be subject to a first priority
      right and lien for any such taxes theretofore or  thereafter  determined
      to  be due from the seller, transferrer or assignor to the city, and the
      purchaser, transferee or  assignee  is  forbidden  to  transfer  to  the
      seller,  transferrer  or  assignor  any  such sums of money, property or
      choses in action to the extent of the amount of the  city's  claim.  For
      failure to comply with the provisions of this subdivision the purchaser,
      transferee  or assignee, in addition to being subject to the liabilities
      and remedies imposed under the provisions of article six of the  uniform
      commercial  code, shall be personally liable for the payment to the city
      of any such taxes, theretofore or thereafter determined to be due to the
      city from the seller, transferrer or assignor and such liability may  be
      assessed  and  enforced  in  the same manner as the liability for tax is
      imposed under this local law.