§ 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 application is for a "closing out sale" or a "defunct
business sale," it shall be filed at least fifteen days prior to the
date on which such sale is to commence.

(c) If the application is for a "sale of goods damaged by fire, smoke
or water," it may be made at any time prior to the date on which such
sale is to commence.

(d) Such application shall set forth and contain the following
information: (1) The name and address of the applicant, whether the
applicant is the true owner of the goods, wares or merchandise to be
sold, and if the applicant be a partnership, the names and addresses of
all partners, or if the applicant be a corporation or association, the
date and place of incorporation or organization, the address of the
principal office within the state, the names and addresses of all the
officers of the applicant and whether controlling interest in the
corporation or association was transferred within six months prior to
the date of the filing of the application.

(2) The name and address of the person or persons who will be in
charge and responsible for the conduct of such sale.

(3) The exact address of the place at which the proposed sale is to be
conducted and the length of time the applicant has been engaged in
business at such location.

(4) The date on which it is proposed to begin the sale.

(5) The nature of the occupancy where such sale is to be held, whether
by lease or otherwise, and the effective date of termination of such
occupancy.

(6) The reason for the urgent and expeditious disposal of the goods,
wares or merchandise to be offered at such sale.

(7) A statement of the descriptive name of the sale.

(8) If the application is for a "closing out sale" or a "defunct
business sale," a statement whether the business is to be terminated
permanently or reopened at another location; the location of the
premises at which the business is to be reopened; whether the applicant
intends to resume the operation of the business upon the termination of
the sale; and the name or designation under which such business is to be
resumed.

(9) A full, complete, detailed, and itemized inventory of the goods,
wares, and merchandise to be offered at such sale as disclosed by
applicant's records, which inventory shall:

(i) Itemize the goods, wares and merchandise to be offered for sale
and contain sufficient information concerning each item, including
quantity, make, brand name, model and manufacturer's number, if any, to
clearly identify it;

(ii) List separately any goods, wares and merchandise to be offered
for sale which were purchased and received during a ninety-day period
immediately prior to the date of making application for the license;

(iii) List the total retail value of the inventory of goods, wares and
merchandise to be offered at such sale based on the inventory used for
applicant's most recent federal income tax return adjusted for sales and
purchases.

(10) If the application is for a license to conduct a "sale of goods
damaged by fire, smoke, or water" and the applicant was not the owner at
the time when the goods, wares and merchandise to be offered at the
contemplated sale were damaged, he shall attach to the said application
copies of the bill of sale and all other documents connected with such
transfer obtained by him from the previous owner of such goods, wares
and merchandise.

(11) If the application is for a license to conduct a "defunct
business sale," and the applicant was not the owner of the goods, wares
and merchandise to be offered at the contemplated sale at the time of
occurrence of the circumstances warranting the termination of such
business, he shall attach to the application copies of the bill of sale
and the official appraisal made by the trustee, receiver, assignee for
benefit of creditors, referee in bankruptcy, or the personal
representative of a decedent.

(12) A statement that no goods, wares and merchandise will be added to
the inventory after the application is made.

(13) A statement that all goods, wares and merchandise included in
such inventory have been purchased by the applicant for resale on orders
without cancellation privileges and that said inventory comprises no
goods, wares and merchandise purchased on consignment.

(14) A statement that no goods, wares and merchandise listed in the
inventory have been the subject of a licensed sale conducted within one
year prior to the date of the application, unless they were damaged by
fire, smoke, or water while in the possession of the applicant.

(e) Upon compliance with the foregoing and subject to the provisions
of subdivision (a) of section five hundred eighty-seven, the licensing
authority of the appropriate city, town or village in which the sale is
to be held shall, within forty-eight hours after submission of the
application to it, exclusive of Saturdays, Sundays and public holidays,
issue a license to conduct the sale which is the subject of the
application.