N.Y. AGM Law § 403 — New York Code / Act AGM / Article 26-A / Section 403
Licenses
Status: in_force

§ 403. Licenses. 1. No person shall operate as a pet dealer unless\nsuch person holds a license issued therefor by the commissioner.\nNotwithstanding the foregoing, a pet dealer, in operation on or before\nthe effective date of this section, who has filed an application for an\ninitial license under this article shall be authorized to operate\nwithout such license until the commissioner grants or, after notice and\nopportunity to be heard, declines to grant such license. Each\napplication for a license shall be made on a form supplied by the\ndepartment and shall contain such information as may be required by the\ndepartment. Renewal applications shall be submitted to the commissioner\nat least thirty days prior to the commencement of the next license year.\n  2. The commissioner may delegate his or her authority pursuant to this\nsection to issue pet dealer licenses to the county or city where the pet\ndealer seeking licensure is located. Such delegation shall be pursuant\nto an agreement entered into by the commissioner and such city or\ncounty.\n  3. Each application for a license shall be accompanied by a\nnonrefundable fee of one hundred fifty dollars.\n  4. The moneys received by the commissioner pursuant to this section\nshall be deposited in the "pet dealer licensing fund" established\npursuant to section ninety-seven-rr of the state finance law.\n  5. Where the authority to issue pet dealer licenses is delegated to\nthe county or city pursuant to subdivision two of this section, that\ncounty or city shall, on or before the fifth day of each month, remit to\nthe appropriate municipal financial officer one hundred percent of all\nlicense fees collected during the preceding month. The remittance shall\nbe accompanied by a report of license sales made during such month. A\ncopy of such report shall simultaneously be sent to the commissioner.\nAll license fees so remitted shall be the property of the municipality,\nand shall be used solely for the purpose of carrying out and enforcing\nthe provisions of this article and of article thirty-five-D of the\ngeneral business law.\n  6. Inspection in accordance with section four hundred five of this\narticle, the results of which establish compliance with the provisions\nof this article and with the provisions of article thirty-five-D of the\ngeneral business law regarding recordkeeping and consumer disclosure\nrequirements for pet dealers, shall precede issuance of a license or\nrenewal thereof under this section.\n  7. Upon validation by the commissioner or the county or city\nauthorized under this section to issue pet dealer licenses, the\napplication shall become the license of the pet dealer.\n  8. The commissioner shall provide a copy of the license to the pet\ndealer. The commissioner shall also retain a copy of the license. In\nthose counties where the commissioner has delegated the licensing\nauthority to the county or city that county or city shall, provide a\ncopy of the license to the pet dealer and a copy to the commissioner.\nThe county or city shall also retain a copy of the license in its own\nrecords.\n  9. No pet dealer shall publish or advertise the sale or availability\nof any dog or cat unless the publication or advertisement is accompanied\nby the pet dealer's license number. Notwithstanding the foregoing, a pet\ndealer, in operation on or before the effective date of this section,\nwho has filed an application for an initial license under this article\nmay publish or advertise the sale or availability of any dog or cat\nwithout the publication or advertisement being accompanied by the pet\ndealer's license number until the commissioner grants or, after notice\nand opportunity to be heard, declines to grant such license.\n  10. Such license shall be renewable annually, together with the\npayment of a nonrefundable fee of one hundred dollars, or upon payment\nof a nonrefundable fee of twenty-five dollars for those pet dealers who\nengage in the sale of less than twenty-five animals in a year.\n  11. Pet dealers shall conspicuously display their license on the\npremises where the animals are kept for sale so that they may be readily\nseen by potential consumers.\n