Title GBS, General Business

§ 810. Definitions. For the purposes of this article:\n 1. "Dealer" shall mean any person who (a) engages, in whole or in\npart, in the business of buying, selling, leasing, exchanging and/or\nrepairing new and unused vessels and/or used vessels, or new and unused\nand/or used i…

§ 811. Repurchase of vessels and parts. Upon the termination,\ncancellation or non-renewal of any dealer agreement, except as otherwise\nprovided in subdivision one of section eight hundred twelve of this\narticle, by a manufacturer or distributor pursuant to this article the\nn…

§ 812. Termination or renewal of agreement. 1. Termination for cause.\nA manufacturer or distributor may terminate an agreement with a dealer\nfor cause upon not less than fifteen days written notice sent by\ncertified mail or statutory overnight delivery, return receipt\nreques…

§ 813. Vessel preparation, warranty and warranty reimbursement. 1. If\na manufacturer or distributor requires or permits a dealer to provide\nparts or to perform labor to satisfy a warranty created by the\nmanufacturer or distributor, the manufacturer or distributor shall:\n (a)…

§ 814. Arbitration. A cause of action to enforce the provisions of\nthis article may be commenced in any court having jurisdiction over such\naction or may be resolved through arbitration pursuant to arbitration\nstandards recognized by the American Arbitration Association. Ever…

§ 815. Penalties. 1. Any manufacturer or distributor found to have\nviolated any provision of section eight hundred thirteen of this article\nshall be liable to the dealer for all reimbursement required by such\nsection and interest thereon at a rate of prime plus three percent …

§ 816. Waiver. No manufacturer or distributor shall, as a condition of\nentering into any agreement or contract with a dealer or in any dealer\nagreement, require any dealer to waive any provision or right granted\npursuant to this article.\n

§ 82. Employees not to divulge information or make false reports. Any\nperson who is or has been an employee of a holder of a license shall not\ndivulge to any one other than his employer, or as his employer shall\ndirect, except as he may be required by law, any information acq…

§ 820. Unlawful practices. 1. It shall be unlawful for any retailer:\n (a) to knowingly sell or offer for sale, any drug or cosmetic sold\nover-the-counter without the need of a prescription, later than the\ndate, if any, marked upon the label as indicative of the date beyond\nw…

§ 821. Enforcement and penalties. 1. Whenever there shall be a\nviolation of this article, an application may be made by the attorney\ngeneral in the name of the people of the state of New York to a court or\njustice having jurisdiction by a special proceeding to issue an\ninjun…

§ 83. Application of article. Nothing in this article shall apply to\nany detective or officer belonging to the police force of the state, or\nany county, city, town or village thereof, appointed or elected by due\nauthority of law, or to any person in the employ of any police f…

§ 830. Sale of sodium nitrate and sodium nitrite. 1. No person,\ncorporation, partnership, limited liability company, firm or any other\nbusiness entity doing business within this state shall sell or offer for\nsale sodium nitrate or sodium nitrite to any person under the age of…

§ 831. Sale or promotional distribution of dietary supplements\ncontaining ephedra. 1. No person, firm, corporation, partnership,\nassociation, limited liability company, or other entity shall sell or\noffer to sell or give away, as either a retail or wholesale promotion, a\ndie…

§ 832. Restricted access to retail sale of ipecac. 1. Any retail\nestablishment that sells any product or products containing as the only\nactive ingredient ipecac, shall limit access to such products in a\nmanner designed to prevent the misuse or abuse of such products. Such\nl…

§ 833. Restricted access to retail sale of dextromethorphan, commonly\nknown as "dxm". 1. No retail establishment offering for sale any product\nor products containing as an active ingredient dextromethorphan, shall\npermit the sale of such products to persons under the age of e…

§ 834. Sale of whipped cream chargers. 1. For purposes of this\nsection, the term "whipped cream charger" shall mean a steel cylinder or\ncartridge filled with nitrous oxide (N2O) that is used as a whipping\nagent in a whipped cream dispenser.\n 2. No person, corporation, partne…

§ 84. Unlawful acts. 1. It is unlawful for the holder of a license,\nissued under this article, or for any employee of such licensee,\nknowingly to commit any of the following acts within or without the\nstate of New York: to incite, encourage, or aid in the incitement or\nencou…

§ 85. Prosecution. Criminal action for violation of this article shall\nbe prosecuted by the attorney general, his or her deputy, or a district\nattorney, in the name of the people of the state. In any such\nprosecution the attorney general, or his or her deputy, shall exercise\…

§ 850. Definitions. As used in this article, unless the context\nclearly requires otherwise, the following words or terms shall have the\nfollowing meanings:\n 1. "Controlled substance" shall have the same meaning as defined in\nsection three thousand three hundred two of the pu…

§ 851. Possession and sale of drug-related paraphernalia. It shall be\na violation of this article for any person, firm or corporation to\npossess with intent to sell, offer for sale, or purchase drug-related\nparaphernalia under circumstances evincing knowledge that the\nparaph…

§ 851-a. Manufacture of drug-related paraphernalia. Any person, firm\nor corporation who manufactures drug-related paraphernalia intending, or\nunder circumstances evincing knowledge, that such paraphernalia is to be\nused in connection with one or more of the drug-related purpo…

§ 852. Power of municipality to revoke license or permit. 1. A county,\ntown, city or village which issues a license or permit authorizing any\nperson, firm or corporation to engage in the selling or offering for\nsale of any merchandise may revoke such license or permit upon a\…

§ 853. Enforcement; limitation of scope. 1. The attorney general or\nany state or local health officer, town, village or city attorney, or\nthe chief executive officer of a municipality may institute an action in\na court of competent jurisdiction to enjoin any activity prohibit…

§ 855. Legislative findings. The legislature finds that, as a result\nof the high value of Torah scrolls, there has developed a market for\nstolen scrolls. Because scrolls are virtually identical and difficult to\nidentify, it is necessary to provide a system by which buyers can…

§ 856. Definitions. As used in this article:\n (1) Merchant means a person who deals in the sale of Torah scrolls in\nthe ordinary course of business.\n (2) Torah scroll means an edition of the Pentateuch hand-written on\nparchment.\n (3) Person means any individual, partnership…

§ 857. Disclosure required. (1) No merchant shall sell, exchange,\nconsign, donate, or otherwise transfer a Torah scroll unless a written\ndisclosure instrument is furnished to the purchaser, consignee, donee or\nother transferee prior to the sale, exchange, consignment, donatio…

§ 858. Posting of notice. In each place of business in this state\nwhere a merchant is regularly engaged in sale of Torah scrolls he shall\npost in a conspicuous place a sign which in legible format states:\n"Article 39-A of the New York General Business Law requires merchants t…

§ 859. Information to be provided. The following information shall be\nsupplied in a written instrument to each transferee of every Torah\nscroll and shall clearly, specifically, and distinctly include:\n (1) The name of the merchant.\n (2) The name of the person from whom the m…

§ 86. Reward may be presumed. In any prosecution under this article\nany person, firm, limited liability company, partnership or corporation\nwho performs or commits any of the acts set forth in sections seventy\nand seventy-one of this article shall be presumed to do so for a f…

§ 860. Records. Each merchant subject to the requirements of this\narticle shall maintain, in chronological order, a copy of all disclosure\nstatements issued by him for a period of ten years.\n

§ 861. Penalty. Any merchant who fails to comply with the requirements\nof section eight hundred fifty-seven or eight hundred sixty or who\nknowingly provides false or misleading information otherwise required by\nthis article shall be guilty of a violation punishable by a fine …

§ 862. Recision and other penalties. If a merchant fails to comply\nwith the disclosure provisions of section eight hundred fifty-seven of\nthis article, the transferee may rescind the transaction. In addition,\nwhere the merchant has made knowingly false statements to a transfe…

§ 863. Enforcement. (1) Any violation of this article shall be deemed\nto be unlawful for purposes of sections three hundred forty-nine and\nthree hundred fifty of article twenty-two-A of this chapter.\n (2) Any person who engages in repeated violations of this article\nshall be…

§ 864. Severability. If any sentence, paragraph, section or part of\nthis article shall be adjudged invalid by a court of competent\njurisdiction such judgment shall not impair or invalidate the remainder\nthereof but shall be confined to that part.\n

§ 87. Department of state to employ agents; expenses for enforcement\nof law. The department of state is hereby authorized to employ such\nagent or agents as the secretary of state may deem necessary to enable\nthe department of state to carry out the provisions of this article …

§ 870. Legislative intent. The legislature finds and declares that\nthere exists an unreasonable risk of injury and death associated with\nthe sale of toy weapons which are replica of and cannot be easily\ndistinguished from actual weapons; that in recent years the sale and\npos…

§ 871. Definitions. 1. "Firearm" as used in this section shall have\nthe same meaning as that term is defined by subdivision three of section\n265.00 of the penal law and shall include machine guns, rifles and\nshotguns as those terms are defined by subdivisions one, eleven and\…

§ 872. Prohibitions. No person, firm, corporation or agent or employee\nthereof shall import, manufacture, sell, hold for sale or distribute\nwithin the state any imitation weapon unless such device is imported,\nmanufactured, sold, held for sale and distributed:\n 1. solely for…

§ 873. Enforcement. Whenever the attorney general shall believe from\nevidence satisfactory to him that any person, firm, corporation or\nassociation or agent or employee thereof has violated any provision of\nthis article, he may bring an action or special proceeding in the\nsu…

§ 875-a. Definitions. For the purposes of this article:\n 1. "Dealer" means a gunsmith or dealers in firearms licensed pursuant\nto section 400.00 of the penal law.\n 2. "Dispose of" or "disposition of" means to give, give away, lease,\nlend, keep for sale, offer, offer for sale…

§ 875-b. Security. 1. Every dealer shall implement a security plan for\nsecuring firearms, rifles and shotguns, including firearms, rifles and\nshotguns in shipment. The plan shall satisfy at least the following\nrequirements:\n (a) all firearms, rifles and shotguns shall be sec…

§ 875-c. Access to firearms, rifles, and shotguns. Every retail dealer\nshall exclude all persons under eighteen years of age from those\nportions of its premises where firearms, rifles, shotguns, or ammunition\nare stocked or sold, unless such person is accompanied by a parent …

§ 875-d. Location of firearm, rifle, and shotgun sales. Every dealer\nshall sell or otherwise dispose of firearms, rifles, and shotguns only\nat the location listed on the dealer's federal firearms license or at\ngun shows.\n

§ 875-e. Employee training. 1. Every dealer shall provide the training\ndeveloped by the superintendent pursuant to subdivision two of this\nsection to all new employees within thirty days of employment, to all\nexisting employees within ninety days of the effective date of this…

§ 875-f. Maintenance of records. Every dealer shall establish and\nmaintain a book, or if the dealer should choose, an electronic-based\nrecord of purchase, sale, inventory, and other records at the dealer's\nplace of business in such form and for such period as the superintende…

§ 875-g. Internal compliance, certification, and reporting. 1. Every\ndealer shall:\n (a) implement and maintain sufficient internal compliance procedures\nto ensure compliance with the requirements of this article; and\n (b) annually certify to the superintendent that such deal…

§ 875-h. Rules and regulations. The superintendent may promulgate such\nadditional rules and regulations as the superintendent shall deem\nnecessary to prevent firearms, rifles, and shotguns from being diverted\nfrom the legal stream of commerce.\n

§ 875-i. Violations. Any person, firm, or corporation who knowingly\nviolates any provision of this article shall be guilty of a class A\nmisdemeanor punishable as provided for in the penal law.\n

§ 88. Roster of licensees. The department of state shall publish at\nleast once in each year, a roster of the names and addresses of all\npersons, firms, limited liability companies and corporations licensed\nunder the provisions of this article. A copy of each roster issued by\…

§ 880. Definition. For the purposes of this article, the term\n"hypodermic instruments" means syringes or needles.\n