Title GBS, General Business

§ 69-c. Violations. A violation of the provisions of this article shall constitute a misdemeanor.

§ 69-d. Saving clause with respect to other laws. Nothing in this article shall be deemed to modify, alter, repeal or amend any provision affecting terms, requirements, conditions, hours or wages of employment, or any definitions applicable thereto, contained in the labor law, t…

§ 69-e. Definitions. 1. "Scrap metal processing facility" shall mean an establishment engaged primarily in the purchase, processing and shipment of ferrous and/or non-ferrous scrap, the end product of which is the production of raw material for remelting purposes for steel mills…

§ 69-f. License. It shall be unlawful for any person, association, partnership or corporation to engage in business as a scrap processor unless such scrap processor shall have complied with the provisions of this article and obtained a license to do so from the mayor of the city…

§ 69-g. Records. 1. Such scrap processor shall record (i) each purchase of any pig or pigs of metal, bronze or brass castings or parts thereof, sprues or gates or parts thereof, utility wire or brass car journals, or of metal beer kegs, and (ii) each purchase of iron, steel and/…

§ 69-h. Penalty. 1. Each violation of this article by a scrap processor shall be a violation subject to a fine of not more than two hundred dollars, unless such violation shall be wilful, in which event it shall be a misdemeanor except, however, the scrap processor shall not be …

§ 69-l. Definitions. As used in this article, unless the context requires otherwise: 1. "Department" means the department of state. 2. "Person" means an individual, firm, company, partnership, limited liability company or corporation. 3. "Licensee" means a person as herein defin…

§ 69-m. License required. 1. On and after October first, nineteen hundred ninety-two, no person shall engage in the business of installing, servicing or maintaining security or fire alarm systems or hold himself out as being able so to do unless he is licensed therefor pursuant …

§ 69-n. Powers of the secretary of state. In addition to the powers and duties elsewhere prescribed in this article, the secretary of state shall have power: 1. To appoint an adequate number of assistants, inspectors and other employees as may be necessary to carry out the provi…

§ 69-o. License after examination; application. 1. After successfully passing the designated examination, any person over the age of eighteen years, desiring a license to engage in the business of installing, servicing or maintaining security or fire alarm systems under this art…

§ 69-p. License without examination. 1. Any person over the age of eighteen years who shall present to the secretary of state satisfactory evidence that he has been actually engaged in the business of installing, servicing or maintaining security or fire alarm systems in this st…

§ 69-pp. Licensed master electrician waiver. 1. Any person who is licensed by any municipality as a master electrician and who engages in the business of installing, servicing or maintaining security or fire alarm systems within such municipality shall be waived from the provisi…

§ 69-q. Licenses; display; renewal; duplicates. 1. All licenses shall be for a period of two years. 2. No license shall be assignable or transferable except as hereinafter provided. 3. (a) A license issued to a limited liability company or to a corporation to engage in the busin…

§ 69-r. Fees. 1. The fee for a license to engage in the business of installing, servicing or maintaining security or fire alarm systems shall be two hundred dollars plus an amount to be determined by the division of criminal justice services to cover the cost of the division's f…

§ 69-s. Suspension and revocation of licenses. 1. A license to engage in the business of installing, servicing or maintaining security or fire alarm systems may be suspended or revoked, or in lieu thereof a fine not exceeding one thousand dollars per violation payable to the dep…

§ 69-ss. Revocation, suspension, reprimands, fines; unlicensed activities. 1. The secretary of state shall, before imposing any fine or reprimand on a person thereof, or before issuing any order directing the cessation of unlicensed activities, and at least ten days prior to the…

§ 69-t. Hearing on charges; decision. No license shall be suspended or revoked nor shall any fine or reprimand be imposed until after a hearing had before an officer or employee of the department designated for such purpose by the secretary of state, upon notice to the licensee …

§ 69-u. Judicial review. The action of the secretary of state in suspending, revoking or refusing to issue or renew a license, or imposing a fine or reprimand on the holder thereof may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil p…

§ 69-v. Violations and penalties. Any person who shall directly or indirectly engage in the business of installing, servicing or maintaining security or fire alarm systems or hold himself out to the public as being able so to do without a license therefor, or who shall violate a…

§ 69-vv. Civil penalties. Notwithstanding any inconsistent provision of law, with respect to violations of section sixty-nine-ss of this article, the secretary of state is authorized, upon the complaint of any person or on his or her own initiative, to investigate and prosecute …

§ 69-vvv. Fines for false alarms. 1. Notwithstanding any other provision of law, a municipality may enact, adopt or enforce any ordinance, resolution or regulation requiring any alarm system company to pay for or be responsible for any fines, fees or other penalties relative to …

§ 69-w. Official acts used as evidence. The official acts of the secretary of state and department shall be prima facie evidence of the facts therein and shall be entitled to be received in evidence in all actions at law and other legal proceedings in any court or before any boa…

§ 69-x. Disposition of moneys derived from operation of article. Processing fees for the fingerprint search conducted by the division of criminal justice services shall accompany the fingerprint cards and shall be deposited to the credit of the general fund. All remaining moneys…

§ 69-y. Separability clause. If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application direc…

§ 69-z. Applicability. 1. The provisions of this article shall not be construed to limit in any way the authority of a city with a population of one million or more to enact, implement and continue to enforce local laws and regulations governing home improvement contractors and …

§ 690. Violations and penalties. Any person who knowingly violates any of the provisions of this article or any rule or regulation issued thereunder shall be guilty of a class A misdemeanor punishable by a fine of not more than one thousand dollars, or imprisonment for not more …

§ 691. Civil remedies. 1. A person who offers or sells a franchise in violation of section six hundred eighty-three, six hundred eighty-four or six hundred eighty-seven of this article is liable to the person purchasing the franchise for damages and, if such violation is willful…

§ 692. Enforcement by attorney general. 1. The department may prosecute every person charged with a criminal offense in violation of this article and regulations issued thereunder. In all such proceedings, the department may appear before any court of record or any grand jury an…

§ 693. Immunity. Upon any investigation or proceeding before the department, or in any criminal proceeding before any court or grand jury, pursuant to or for a violation of any provision of this article, the department or the court or grand jury may confer immunity in accordance…

§ 694. Administration. 1. The department shall charge and collect the fees fixed by this section. (a) The fee for filing an application for registration of an offering prospectus under subdivision two of section six hundred eighty-three of this article is seven hundred fifty dol…

§ 695. Separability clause; construction. 1. If any part or provision of this article or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or …

§ 696-a. Definitions. As used in this article unless the context requires otherwise: 1. "Current net price" means the price listed in the supplier's effective price list or catalogue, less any applicable trade and cash discounts. 2. "Dealer" means any person selling or agreeing …

§ 696-b. Dealer agreements; unlawful acts and practices. It shall be a violation of this article for a supplier: 1. To coerce, compel, or attempt to coerce or compel any dealer to order or accept delivery of any equipment or parts, or any equipment with special features or acces…

§ 696-c. Termination and non-renewal of dealer agreements. 1. Except where a grounds for termination or non-renewal of a dealer agreement are contained in paragraph (a), (b), (c), (d), (e) or (f) of subdivision two of this section, a supplier shall give a dealer ninety days' wri…

§ 696-d. Violations. It shall be deemed a violation of this article for a dealer: 1. To require a retail purchaser of new equipment, as a condition of sale and delivery thereof, also to purchase special features, appliances, parts, or accessories not desired or requested by the …

§ 696-e. Parts and return of parts. 1. Every supplier shall provide for the availability of repair parts throughout the reasonable useful life of any equipment sold. 2. Every supplier shall provide to its dealers, on an annual basis, an opportunity to return a portion of their s…

§ 696-f. Repurchase of equipment upon termination. 1. Whenever any dealer enters into a dealer agreement with a supplier wherein the dealer agrees to maintain an inventory of equipment or repair parts and the dealer agreement is subsequently terminated, the supplier shall repurc…

§ 696-g. Death or incapacity of dealer. 1. In the event of the death or incapacity of the dealer or the majority stockholder of a corporation operating as a dealer, the supplier shall, at the option of the heirs at law, if the dealer died intestate, or the executor under the ter…

§ 696-h. Warranty. 1. Every supplier shall provide a fair and reasonable warranty agreement on any new equipment which it sells and shall fairly compensate each of its dealers for labor and parts used in fulfilling such warranty agreement. All claims for payment under such warra…

§ 696-i. Separability. If any provision of this article or the application of such provision to any person or circumstance is held invalid, the remainder of this article and the application of such provision to other persons or circumstances shall not be affected by such holding…

§ 697. Definitions. Whenever used in this article: 1. "Consumer" means a New York resident who is the purchaser, lessee or transferee of farm equipment, other than for the purposes of resale. 2. "Farm equipment" means any self propelled farm equipment and implements of husbandry…

§ 697-a. Warranty to consumers. 1. Every supplier of new farm\nequipment which is sold within or outside of this state shall provide a\nfair and reasonable warranty on all new farm equipment that shall be of\nno less duration than twelve months following the date of original\nde…

§ 697-b. Affirmative defenses. It shall be an affirmative defense to claim under this section that: (a) the nonconformity, defect or condition does not substantially impair the value, use or safety of the equipment; (b) the nonconformity, defect or condition is the result of abu…

§ 697-c. Cumulative remedies; prohibition against waiver. The warranty under this article shall be in addition to and not in derogation of all other rights and privileges which such consumer may have under any other law or instrument. Waiver of any rights by the buyer under this…

§ 697-d. New farm equipment bill of rights. A supplier shall provide the following notice, entitled "New Farm Equipment Bill of Rights" along with a written copy of the provisions of this article, to its authorized dealers in this state, and the dealer shall provide such bill of…

§ 7. Public sports and exercises on Sunday. All public sports, exercises or shows, except professional golf tournaments and games of the World University Games conducted in Erie, Genesee and Niagara counties in nineteen hundred ninety-three, upon the first day of the week, and a…

§ 70. Private investigator license. 1. The department of state shall have the power to issue licenses to private investigators. Nothing in this article shall prevent a private investigator licensed hereunder from performing the services of a watch, guard or patrol agency or bail…

§ 70-a. Bail enforcement agents and watch, guard or patrol agencies. 1. The department of state shall have the power to issue separate licenses to bail enforcement agents and to watch, guard or patrol agencies. Nothing in this article shall prevent a private investigator license…

§ 701. Definitions. Whenever used in this article: 1. "Consumer" means a natural person. 2. "Creditor" means a person, partnership, corporation, association or other entity who, in the ordinary course of business, regularly extends consumer credit. 3. "Consumer credit" means cre…

§ 702. Application. 1. Except as provided in subdivision two of this section, this chapter shall not apply to statements of accounts rendered to customers by public utilities whose billing practices are subject to the jurisdiction and regulation of the public service commission.…