Title GBS, General Business

§ 529-a. Merchant category-codes. 1. For the purposes of this section,\nthe following terms shall have the following meanings:\n (a) "Dealer of firearms" means a gunsmith or dealers in firearms in\nthis state licensed pursuant to section 400.00 of the penal law, for\nwhich the h…

§ 53. Registration statements. After September first, nineteen hundred\nsixty, no person, corporation, partnership, firm or association shall\ncarry on the business of collateral loan broker within the state of New\nYork unless and until such collateral loan broker shall have ca…

§ 532. Definitions. As used in this article: A "tube" is an electron\nreceiving tube or cathode ray tube (commonly known as a picture tube)\ndesigned primarily for use in a home type television or radio receiver,\nphonograph, tape recorder, or any combination thereof, or other h…

§ 533. Prohibitions. 1. Except as hereinafter provided, no person\nshall knowingly distribute or sell, offer to distribute or sell, expose\nfor distribution or sale, possess with intent to distribute or sell or\notherwise dispose of for a consideration any reactivated tube,\nsec…

§ 534. Violation. 1. A violation of any provision of the preceding\nsection shall constitute a misdemeanor.\n 2. Proof that no person has been misled or deceived or otherwise\ndamaged by any violation of this article shall not constitute a defense\nin any prosecution under this …

§ 535. Enforcement by attorney-general. 1. Whenever any person has\nviolated any provision of this article the attorney-general may bring a\nspecial proceeding in the supreme court of the state of New York, on\nnotice of not less than five days, for a judgment enjoining the\ncon…

§ 536. Construction. Nothing in this article shall apply to any\ntelevision or sound radio broadcasting station or to any publisher or\nprinter of a newspaper, magazine or other form of printed advertising\nwho broadcasts, publishes or prints such advertisement.\n

§ 537. Separability. If any section of this article or any part\nthereof shall be adjudged by any court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair or invalidate the\nremainder or any other section or part thereof.\n

§ 538. In general. (a) No person, firm, corporation, or other business\nentity, regardless of its form of organization, shall deceptively cause\ncomputer software to be copied onto the computer or internet-capable\ndevice of a consumer in this state and use the software to acces…

§ 538-a. Enforcement. (a) The attorney general may bring a civil\naction against any person, firm, corporation, or other business entity,\nregardless of its form of organization, that violates this article to\nenjoin the violation and may recover the following:\n (1) a civil pen…

§ 538-b. Definitions. For the purposes of this article:\n (a) the term "hijack", with respect to a modem or internet-capable\ndevice, means taking control of the modem or the modem-function of a\nuser's computer or internet-capable device to initiate a toll telephone\ncall via a…

§ 54. Violation of article. Any person, partnership, corporation,\ncompany or association who willfully violates any of the provisions of\nthis article shall be guilty of a misdemeanor punishable by a fine of\nnot more than five hundred dollars, or imprisonment for not more than…

§ 55. Rules and regulations. The state comptroller is hereby\nauthorized and empowered to require the keeping of such additional\nbooks, records, entries and reports as he may deem necessary and to\ndetermine the amount of the surplus payable as abandoned property in the\nevent …

§ 550. Negotiable notes given for patent rights. Notwithstanding\narticle three of the uniform commercial code, a negotiable promissory\nnote, the consideration of which consists wholly or partly of the right\nto make, use or sell any invention claimed or represented by the vend…

§ 551. Negotiable notes given for a speculative consideration.\nNotwithstanding article three of the uniform commercial code, a\nnegotiable promissory note, the consideration of which consists in whole\nor in part of the purchase price of any farm product, at a price greater\nby…

§ 552. Notes given for patent-rights. A person who takes, sells or\ntransfers a negotiable promissory note within article three of the\nuniform commercial code, knowing the consideration of such note to\nconsist in whole or in part, of the right to make, use or sell, any\npatent…

§ 553. Notes given for a speculative consideration. A person who\ntakes, sells or transfers a negotiable promissory note within article\nthree of the uniform commercial code, knowing the consideration of such\nnote to consist in whole or in part of the purchase price of any farm…

§ 554. Retention of forged, counterfeit or spurious documents or\nnegotiable instruments permitted. Any bank, banker, transfer agent,\nrailroad, warehouseman or any other person charged with the issue,\nreissue, transfer or payment of any of the documents hereinafter\ndescribed,…

§ 56. Limitation on refunds under commercial installment sales\nagreements. An agreement for the sale of equipment, machinery or the\naccessories or parts thereto to a commercial or business enterprise for\nits use or for the purpose of resale which provides for the financing of…

§ 570. Definitions as used in this article. 1. "Trading stamp" means\nany stamp or similar device issued in connection with the retail sale of\nmerchandise or service, as a cash discount or for any other marketing\npurpose, which entitles the rightful holder, on its due presenta…

§ 571. Declared face value; cash redemption. No trading stamp company\nshall advertise, distribute or redeem trading stamps hereafter issued in\nthis state unless:\n 1. Each stamp has legibly printed upon its face a cash value\ndetermined by the company in cents or any fraction …

§ 572. Registration required. No trading stamp company shall advertise\nor distribute trading stamps issued in this state unless it shall have\nfiled with the secretary of state a statement of registration\naccompanied by representative samples of its stamps, stamp collection\nb…

§ 573. Statement of registration. Each statement of registration\nhereinbefore required shall contain the following information:\n 1. The name and principal address of the company;\n 2. The state of its incorporation or origin;\n 3. The names and addresses of its principal offic…

§ 574. Registration fee. The trading stamp company shall pay an annual\nregistration fee of one hundred dollars to the secretary of state at the\ntime of filing each registration statement.\n

§ 575. Bond required. 1. At the time of filing each registration\nstatement, the trading stamp company must also file with the secretary\nof state a bond payable to the people of the state of New York and duly\nexecuted by the company and a corporate surety qualified to do busin…

§ 576. Claims by rightful holders of trading stamps. 1. If a trading\nstamp company defaults in the redemption of its stamps when they are\nduly presented for redemption by residents of this state who are the\nrightful holders of such stamps, all such holders of such trading\nst…

§ 577. Notice of intention to suspend or cease redemption of stamps.\nNo trading stamp company shall cease or suspend the redemption of\ntrading stamps in this state without filing with the secretary of state\nat least ninety days' prior written notice of its intention to do so …

§ 578. Pre-emption by state. The regulation of trading stamp companies\nand trading stamps, including the advertising, issuance and redemption\nthereof, shall be governed solely by the provisions of this article and\nno local laws or ordinances shall be promulgated with respect …

§ 579. Violation a misdemeanor; injunction. 1. Any person or trading\nstamp company violating any provision of this article shall be guilty of\na misdemeanor punishable by a fine of not more than five hundred\ndollars.\n 2. The supreme court of this state shall have jurisdiction…

§ 580. Purpose and intent. It is hereby determined and declared that\nsales to be licensed and regulated pursuant to the provisions of this\narticle have often been conducted and advertised in such a manner as to\nmislead and defraud the public and otherwise to result in harm to…

§ 581. Definitions. (a) The term "closing out sale" shall include, but\nnot be limited to, all sales advertised, represented, or held forth\nunder the designation of "quitting business," "going out of business,"\n"discontinuance of business," "closing out," "selling out,"\n"liqu…

§ 582. Unlawful advertisement. It shall be unlawful for any person to\nadvertise or hold out by any means that the sale of any goods, wares or\nmerchandise to the public is a "closing out sale," "a sale of goods\ndamaged by fire, smoke or water," or a "defunct business sale," un…

§ 583. Application requirements. (a) Any person desiring to conduct\nany sale as defined in section five hundred eighty-one shall make a\nwritten application under oath to the licensing authority of the\nappropriate city, town or village in which the sale is to be held.\n (b) If…

§ 584. Exceptions. The provisions of this article shall not apply to\nany sale advertised as an "alteration sale," "remodeling sale,"\n"clearance sale," "surplus stock liquidation sale," "floor sample sale,"\n"inventory reduction sale," "special purchase sale," or any other\nadv…

§ 585. Branch stores and warehouses. If the applicant for a license\nhereunder owns, conducts or operates more than one store, or a warehouse\nin connection with such store or stores, the license issued will apply\nonly to the one store or warehouse for which it was issued, and …

§ 586. Substitution, addition and commingling of goods; license void;\ncertain purchases prohibited. (a) Any substitution for or addition to\ngoods described in an inventory filed pursuant to this article, or any\nchange in the time or place of a sale conducted pursuant thereto,…

§ 587. Investigation of application; grounds for denial; revocation of\nlicense. (a) Upon receipt of the application, the licensing authority of\nthe appropriate city, town or village in which such sale is to be held\nmay make or cause to be made an examination into any or all t…

§ 588. Appeal from denial or revocation of license. Any applicant for\na license who is aggrieved by the denial or revocation of a license may\napply to the supreme court in the judicial district in which the place\nof the proposed sale is located for a review of such denial or\…

§ 589. Copy of application; inventory and license to be posted;\nlicense to be referred to in advertisements. A copy of the application\nfor a license to conduct a sale under this article, including the\ninventory filed therewith, shall be posted in a conspicuous place in the\ns…

§ 590. Duration of sale; license fee. (a) A license to conduct a sale\nissued pursuant to this article shall be good for no more than a period\nof thirty consecutive calendar days and may be renewed for one\nconsecutive period not exceeding thirty consecutive calendar days upon\…

§ 591. Opening of a similar business. Opening of a business similar to\nthe one for which the sale, licensed pursuant to this article, was\nconducted, except the licensed "sale of goods damaged by fire, smoke or\nwater," by the person, partnership, association, corporation, or p…

§ 592. Records. (a) Suitable books and records concerning any sale\nlicensed pursuant to this article shall be kept by the licensee for the\nduration of the licensed sale and one year thereafter, and shall be open\nfor inspection by the licensing authority of the appropriate cit…

§ 593. Injunctions. Upon application by the licensing authority of the\nappropriate city, town or village in which a "closing out sale," "a sale\nof goods damaged by fire, smoke or water," or a "defunct business sale"\nis being held, the supreme court of the county wherein a vio…

§ 594. Penalties. Any person violating any provision of this article\nshall be guilty of an unclassified misdemeanor punishable by a fine of\ntwo hundred fifty dollars or imprisonment for one year or both, and each\nday upon which any sale is conducted in violation of this artic…

§ 595. Application of article. This article shall apply only to any\ncity, town or village having a population of less than one million.\n

§ 596. Saving clause. If any section or provision of this article\nshall at any time be declared to be unconstitutional, it is the\nexpressed legislative intent that no other section or provision hereof\nbe thereby affected.\n

§ 597. Receipts for personal property being repaired, rebuilt or\nreconditioned. An owner, employee or person in charge of a personal\nservice business including but not limited to laundries, dry cleaners,\nshoemakers, radio and television repair shops, electrical appliance\nrep…

§ 598. Penalty for violation. A wilfull refusal to issue such receipt\nwhen requested by said customer, shall constitute an offense punishable\nby a fine not to exceed twenty-five dollars.\n

§ 599. Definitions. Traffic control devices mean all signs, signals,\nmarkings and devices not inconsistent with the vehicle and traffic law\nplaced or erected by authority of a public body or official having\njurisdiction for the purpose of regulating, warning or guiding traffi…

§ 599-a. Prohibition on sale. It shall be unlawful for any person,\nfirm, association or corporation to sell, lease, or offer for sale or\nhire for use in this state any traffic control device unless it conforms\nto the current manual and specifications for a uniform system of\n…