Title GBS, General Business

§ 800. Denial of registration; complaints; notice of hearing. 1. Denial of registration. The secretary shall, before making a final determination to deny an application for a registration, notify the applicant in writing of the reasons for such denial and shall afford the applic…

§ 801. Judicial review. The action of the secretary pursuant to a hearing in refusing to grant or to renew a certificate of registration or a temporary certificate of registration, in revoking or suspending such registration or imposing a civil penalty, shall be subject to revie…

§ 802. Special provisions; not-for-profit sales. 1. No otolaryngologist or other licensed physician who has conducted a medical evaluation of hearing loss shall engage in the business of dispensing hearing aids for a profit. No otolaryngologist or other licensed physician who ha…

§ 803. Powers of the secretary. 1. The secretary shall promulgate such rules and regulations as are deemed necessary to effectuate the purposes of this article, and shall provide written notification of the provisions of this article and a copy of the registration application wi…

§ 804. Penalties. Any person found to have engaged in the dispensing of hearing aides or in the business of dispensing hearing aids without being registered pursuant to this article shall be guilty of a class A misdemeanor.

§ 805. Separability. If any section or provision of this article shall be adjudged by any court of competent jurisdiction to be invalid or inapplicable to any person or situation, such judgment shall not affect, impair or invalidate any other section or provision of this article…

§ 81. Employees. 1. The holder of any license certificate issued pursuant to this article may employ to assist him in his work of private detective or investigator or bail enforcement agent as described in section seventy-one of this article and in the conduct of such business a…

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

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

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

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

§ 814. Arbitration. A cause of action to enforce the provisions of this article may be commenced in any court having jurisdiction over such action or may be resolved through arbitration pursuant to arbitration standards recognized by the American Arbitration Association. Every a…

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

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

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

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

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

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

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

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

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

§ 833. Restricted access to retail sale of dextromethorphan, commonly known as "dxm". 1. No retail establishment offering for sale any product or products containing as an active ingredient dextromethorphan, shall permit the sale of such products to persons under the age of eigh…

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

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

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

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

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

§ 851-a. Manufacture of drug-related paraphernalia. Any person, firm or corporation who manufactures drug-related paraphernalia intending, or under circumstances evincing knowledge, that such paraphernalia is to be used in connection with one or more of the drug-related purposes…

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

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

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

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

§ 857. Disclosure required. (1) No merchant shall sell, exchange, consign, donate, or otherwise transfer a Torah scroll unless a written disclosure instrument is furnished to the purchaser, consignee, donee or other transferee prior to the sale, exchange, consignment, donation o…

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

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

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

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

§ 861. Penalty. Any merchant who fails to comply with the requirements of section eight hundred fifty-seven or eight hundred sixty or who knowingly provides false or misleading information otherwise required by this article shall be guilty of a violation punishable by a fine not…

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

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

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

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

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

§ 871. Definitions. 1. "Firearm" as used in this section shall have the same meaning as that term is defined by subdivision three of section 265.00 of the penal law and shall include machine guns, rifles and shotguns as those terms are defined by subdivisions one, eleven and twe…

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

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

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

§ 875-b. Security. 1. Every dealer shall implement a security plan for securing firearms, rifles and shotguns, including firearms, rifles and shotguns in shipment. The plan shall satisfy at least the following requirements: (a) all firearms, rifles and shotguns shall be secured,…

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

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