New York § 651 - 651Definitions

§ 651. 651Definitions

§ 651. Definitions. For the purposes of this article, the terms: 1. "Advertising" means any written, printed, audio or visual communication by a membership campground operator or an employee or agent of a membership campground operator made in conjunction with the promotion and sale of campground memberships. 2. "Business day" means any calendar day except Sunday or any legal holiday. 3. "Dues" means the annual or periodic fees, other than the purchase price or user fees, that must be paid as a condition to continued membership in and use of a membership campground. 4. "Major capital improvement" means an upgrade or improvement or improvements which, in the aggregate, cost in excess of fifty thousand dollars. 5. "Membership campground" means real property, together with such fixtures and improvements as campsites, bathrooms, showers, swimming pools, tennis courts, recreational buildings, stores and other amenities that are made available to purchasers of membership camping contracts. 6. "Membership camping contract" or "contract" means an agreement offered or sold evidencing a purchaser's right or license to use a membership campground under terms wherein no exclusive right to use is granted for a specific and identifiable unit, and where the operator does not assign a specific and fixed number of days or weeks which the purchaser may use and where the operator does not represent the contract as an investment opportunity under which the purchaser might assign, sell or transfer his or her contract for profit. This term does not include any arrangement or other device, whether by agreement or otherwise, under which a purchaser has the one-time right to use a specific, identified camping site, and related facilities, for a specific, identified time period, such as with an overnight or a seasonal rental. This term also does not include reciprocal programs or any arrangement or other device under which a purchaser acquires any leasehold, fee, timeshare or other ownership interest in a campground. 7. "Membership campground operator" or "operator" means any person, corporation, partnership, or other entity that owns or operates a membership campground. 8. "Purchase price" means the purchase price of a camping contract, including finance charges and related closing costs, if any, but excluding dues and user fees. 9. "Purchaser" means a person who enters into a membership camping contract and obtains the right or license to use membership campgrounds. 10. "Reciprocal program" means any arrangement allowing a purchaser to use campgrounds or other properties other than the membership campground which is the subject of the purchaser's membership camping contract. 11. "User fees" means optional fees that may be charged for specific goods or services that are not covered under the membership camping contract.