Title GBS, General Business

§ 523. Definitions. As used in this article: 1. "Travel services" means public transportation, public accommodations in hotels, motels or motor courts, rental of motor vehicles or any other service related to travel. 2. "Provider of travel services" means every person, firm or c…

§ 524. Application. This article shall apply with respect to any transaction involving the furnishing of travel services to a consumer where a credit card is used to obtain credit and where the provider of travel services is a person other than the credit card issuer.

§ 525. Prohibited practices. 1. It shall be unlawful for a provider of travel services to communicate with a credit card issuer for the purpose of reserving or setting aside any specified amount of credit in a consumer's credit card account to ensure payment for services to be r…

§ 526. Enforcement. The attorney general may bring an action in the name of the people of the state to restrain or prevent any violation of this article or any continuance of any such violation.

§ 527. Definitions. For the purposes of this article, the following definitions shall apply: 1. "Automatic renewal" means a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. 2. "…

§ 527-a. Unlawful practices. 1. It shall be unlawful for any business making an automatic renewal or continuous service offer to a consumer in this state to: a. fail to present to the consumer, in a clear and conspicuous manner, the material terms of any automatic renewal offer …

§ 529. Definitions. For the purposes of this article, the following terms shall have the following meanings: 1. "Merchant acquirer" means an entity that establishes a relationship with a merchant for the purposes of processing credit, debit, or prepaid transactions. 2. "Payment …

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

§ 53. Registration statements. After September first, nineteen hundred sixty, no person, corporation, partnership, firm or association shall carry on the business of collateral loan broker within the state of New York unless and until such collateral loan broker shall have cause…

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

§ 533. Prohibitions. 1. Except as hereinafter provided, no person shall knowingly distribute or sell, offer to distribute or sell, expose for distribution or sale, possess with intent to distribute or sell or otherwise dispose of for a consideration any reactivated tube, second-…

§ 534. Violation. 1. A violation of any provision of the preceding section shall constitute a misdemeanor. 2. Proof that no person has been misled or deceived or otherwise damaged by any violation of this article shall not constitute a defense in any prosecution under this artic…

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

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

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

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

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

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

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

§ 55. Rules and regulations. The state comptroller is hereby authorized and empowered to require the keeping of such additional books, records, entries and reports as he may deem necessary and to determine the amount of the surplus payable as abandoned property in the event of n…

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

§ 551. Negotiable notes given for a speculative consideration. Notwithstanding article three of the uniform commercial code, a negotiable promissory note, the consideration of which consists in whole or in part of the purchase price of any farm product, at a price greater by at …

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

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

§ 554. Retention of forged, counterfeit or spurious documents or negotiable instruments permitted. Any bank, banker, transfer agent, railroad, warehouseman or any other person charged with the issue, reissue, transfer or payment of any of the documents hereinafter described, in …

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

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

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

§ 572. Registration required. No trading stamp company shall advertise or distribute trading stamps issued in this state unless it shall have filed with the secretary of state a statement of registration accompanied by representative samples of its stamps, stamp collection books…

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

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

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

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

§ 577. Notice of intention to suspend or cease redemption of stamps. No trading stamp company shall cease or suspend the redemption of trading stamps in this state without filing with the secretary of state at least ninety days' prior written notice of its intention to do so and…

§ 578. Pre-emption by state. The regulation of trading stamp companies and trading stamps, including the advertising, issuance and redemption thereof, shall be governed solely by the provisions of this article and no local laws or ordinances shall be promulgated with respect the…

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

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

§ 581. Definitions. (a) The term "closing out sale" shall include, but not be limited to, all sales advertised, represented, or held forth under the designation of "quitting business," "going out of business," "discontinuance of business," "closing out," "selling out," "liquidat…

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

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

§ 584. Exceptions. 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 adverti…

§ 585. Branch stores and warehouses. If the applicant for a license hereunder owns, conducts or operates more than one store, or a warehouse in connection with such store or stores, the license issued will apply only to the one store or warehouse for which it was issued, and no …

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

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

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

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

§ 590. Duration of sale; license fee. (a) 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…

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

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

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