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41 City Hall Place
Plattsburgh, NY 12901
For a License to Conduct a "Closing Out Sale", "Sale of Goods Damaged by Fire, Smoke or Water", or a "Defunct Business Sale" Pursuant of Article 29-F of the General Business Law of the State of New York.
First, Middle, Last
Street #, Street Name, City, State
The undersigned hereby makes application for a License to conduct a Closing Out Sale, Sale of Goods Damaged by Fire, Smoke or Water, a Defunct Business Sale (select proper title-strike out inapplicable material) in the City of Plattsburgh, Clinton County, New York.
Applicant is (is not) the true owner of goods, wares or merchandise to be sold. If applicant is partnership, list names and addresses of all partners.
First, MI, Last
Date of Incorporation, Place of Incorporation, Address of Principal Office within State
If application is for "Closing Out" or "Defunct Business" Sale, application must be filed at least 15 days prior to the date sale is to commence; if application is for "Sale of Goods Damaged by Fire, Smoke or Water" application may be made at any time prior to date sale will commence.
State whether business will be terminated permanently or reopened at another location.
Attach inventory of goods, wares and merchandise to be offered at sale; inventory must itemize items, including quantity, make, brand name, model, manufacturer's number.
List separately any goods, wares and merchandise purchased and received within 90 days immediately prior to application.
List total retail value of inventory based on inventory used for most recent federal income tax return adjusted for sales and purchases.
If application is for "Sale of Goods Damaged by Fire, Smoke or Water", and applicant was not the owner at the time goods, wares and merchandise to be offered at the contemplated sale were damaged, ATTACH COPIES of bill of sale and all documents connected with such transfer obtained by him from previous owner of such goods, wares and merchandise.
If application is for "Defunct Business Sale" and applicant was not the owner of goods, wares and merchandise to be offered at the contemplated sale at the time of occurrence of circumstance warranting termination of business, ATTACH COPIES of bill of sale and official appraisal made by trustee, receiver, assignee for benefit of creditors, referee in bankruptcy, or personal representative of a decedent.
The undersigned Applicant by this application declares that:
1. A statement that no goods, wares and merchandise will be added to the inventory after this application is made.
2. A statement that all goods, wares and merchandise included in the attached inventory have been purchased by the undersigned applicant for resale on orders without cancellation privileges and said inventory comprises no goods, wares and merchandises purchased on consignment.
3. A statement that no goods, wares and merchandise listed in this inventory have been the subject of a licensed sale conducted within one year prior to the date of this application, unless they were damaged by fire, smoke or water while in the possession of the undersigned applicant.
License fee of $500.00 accompanies this application. For any "Going out of Business", "close out", "selling out" or similar sale as defined in General Business Law Article 29-F, Sec 581(a) all except seventy-five dollars of the license fee shall be returned provided the store is closed within sixty days of receipt of the license to conduct such sale; the applicant shall not be entitled to a refund of such fee if the doors of the business are not closed within sixty days of the receipt of said license or said application and license are revoked.
Copy of application, including inventory must be posted in a conspicuous place in sales room or place where goods are to be sold. Any advertisement or announcement published in connection with the sale shall conspicuously show on its face the number of the license, the date of its expiration, and if applicable, the location where the business is to resume.
A license to conduct a sale issued pursuant to this article shall be good for no more than a period of thirty consecutive calendar days and may be renewed for one consecutive period not exceeding thirty consecutive calendar days upon the affidavit of the applicant that the goods, wares and merchandise listed in the inventory have not been disposed of and that no new goods, wares and merchandise have been or will be added to the inventory previously files pursuant to this article by purchase, acquisition or consignment or otherwise. The application for renewal shall be made not more than ten days prior to the date of the expiration of the license and shall contain an inventory of the goods, wares and merchandise remaining on hand at the time of the application for renewal is made, which inventory shall be prepared and furnished in the same manner and form as the original inventory. Application for renewal must be accompanied by $50.00. Applicant shall not be entitled to a refund of the fee paid if said application is revoked.
Upon compliance with the foregoing and subject to the provisions of subdivision (a) of section five hundred eighty-seven, the licensing authority of the 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 subject of the application.
The provisions of this article shall not apply to any sale advertised as an "alteration sale," "remodeling sale," "clearance sale," "surplus stock liquidation sale," "floor sample sale," "inventory reduction sale," "special purchase 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 not precede the abandonment of a business location, nor shall this article apply to the following persons:
(a) Persons acting pursuant to an order or process of a court of competent jurisdiction;
(b) Person who are required to file an accounting with a court of competent jurisdiction;
(c) Persons acting in accordance with their powers and duties as public officers;
(d) Any publisher or employee of a newspaper, magazine, or any operator or employee of a radio or television broadcasting station, who publishes or broadcasts any such advertisement in good faith without knowledge of its false, deceptive and misleading character, or without knowledge that the provisions of this article have not been complied with;
(e) Any duly licensed auctioneer, selling at auction;
(f) Any insurance corporation, or any association, firm or corporation, the controlling interest in which is owned by any insurance corporation or corporations, which, pursuant to the terms of a policy or policies of insurance, acquires title in or to any goods, wares or merchandise damaged by fire, smoke, water or otherwise, and which advertises and sells such goods, wares and merchandise as salvage.
Sworn to me this ________________ day
of __________________, ___________.
* indicates a required field