Definitions. As used in this article, the following terms shall have the following meanings:

Terms Used In N.Y. Arts and Cultural Affairs Law 60.01

  • Autographed: means bearing the actual signature of a sports personality, signed by such individual's own hand. See N.Y. Arts and Cultural Affairs Law 60.01
  • Collectible: means an autographed sports item including, but not limited to, a photograph, book, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for twenty-five dollars or more. See N.Y. Arts and Cultural Affairs Law 60.01
  • Consumer: means any natural person who purchases an autographed sports collectible from a dealer for personal, family or household purposes. See N.Y. Arts and Cultural Affairs Law 60.01
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • dealer: includes an auctioneer who sells such collectibles at public auction, and includes persons who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 60.01
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any natural person, partnership, corporation, company, trust, association or other entity, however organized. See N.Y. Arts and Cultural Affairs Law 60.01

1. “Autographed” means bearing the actual signature of a sports personality, signed by such individual’s own hand.

2. “Collectible” means an autographed sports item including, but not limited to, a photograph, book, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for twenty-five dollars or more.

3. “Consumer” means any natural person who purchases an autographed sports collectible from a dealer for personal, family or household purposes.

4. “Dealer” means a person who is in the business of selling or offering for sale in or from this state, exclusively or non-exclusively, autographed sports collectibles or a person who by his occupation holds himself out as having knowledge or skill peculiar to such collectibles, or to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill. The term “dealer” includes an auctioneer who sells such collectibles at public auction, and includes persons who are consignors or principals of auctioneers.

5. “Description” means any representation in writing, including but not limited to a representation contained in an advertisement, invoice, catalog, flyer, sign, brochure, or other commercial or promotional material. Such term shall also include a representation contained in a prepared script and made for the purpose of selling an autographed sports collectible in a radio or television broadcast to the public in or from this state.

6. “Person” means any natural person, partnership, corporation, company, trust, association or other entity, however organized.

7. “Supplier” means any person who provides collectibles to a dealer specifically for the purposes of re-sale.