581 - Definitions.

§ 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,"  "liquidation," "lost our lease," "must vacate," "forced out," "removal,"  "branch store  discontinuance  sale,"  "building  coming  down,"  "end,"  "final  days," "final clearance," "last days," "lease expires," "we give  up sale," "we quit sale," "warehouse closing sale,"  "warehouse  removal  sale," "reorganization sale," or any other advertising or designation by  any other expression or characterization similar to any of the foregoing  giving  notice  to the public that the sale will precede the abandonment  of a business location.    (b) The term "sale of goods damaged by fire,  smoke  or  water"  shall  include,  but  not  be  limited to, all sales advertised, represented or  held forth under the designation of "fire sale,"  "smoke  damage  sale,"  "water damage sale," "flood damage sale," "insurance sale," or any other  advertising  or  designation by any other expression or characterization  similar to any of the foregoing giving notice to  the  public  that  the  goods, wares or merchandise offered for sale have been damaged.    (c) The term "defunct business sale" shall include, but not be limited  to,   all   sales  advertised,  represented  or  held  forth  under  the  designation of "adjuster's sale,"  "administrator's  sale,"  "assignee's  sale,"   "bankrupt   sale,"   "bankrupt   stock   sale,"   "benefit   of  administrator's  sale,"  "benefit  of  creditor's  sale,"  "benefit   of  trustee's   sale,"   "creditor's  committee  sale,"  "creditor's  sale,"  "executor's sale," "insolvent sale," "mortgage sale," "receiver's sale,"  "trustee's sale," or any other advertising or designation by  any  other  expression or characterization similar to any of the foregoing conveying  the same meaning or giving notice to the public of a sale resulting from  death, business failure, or other adversity.    (d)  "Unusual  purchase or addition" shall mean any purchase of goods,  wares or merchandise during the ninety days  preceding  the  application  for a license, the total value of which is at least twenty-five per cent  greater  than  purchases  made  by  the  applicant for a like ninety-day  period during the year next preceding the year in which the  application  is  made  or  the  total value of which is at least twenty-five per cent  greater than the purchases made by  the  applicant  for  any  ninety-day  period if the applicant has been in business for less than one year.    (e) "Person" shall mean any individual, partnership, association, firm  or corporation.    (f) "Licensee" shall mean any person granted a license pursuant to the  provisions of this article.    (g) "Licensing authority" shall mean that department or officer of any  city,  town  or  village established for the specific purpose of issuing  licenses, and where there is no such department  or  officer,  it  shall  mean the clerk of such city, town or village.