NY Agric & Mkts L § 403 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 26-A - Care of Animals by Pet Dealers 403 - Licenses.

§  403.  Licenses.  1.  No person shall operate as a pet dealer unless   such person  holds  a  license  issued  therefor  by  the  commissioner.   Notwithstanding  the  foregoing, a pet dealer, in operation on or before   the effective date of this section, who has filed an application for  an   initial  license  under  this  article  shall  be  authorized to operate   without such license until the commissioner grants or, after notice  and   opportunity   to   be  heard,  declines  to  grant  such  license.  Each   application for a license shall be  made  on  a  form  supplied  by  the   department  and shall contain such information as may be required by the   department. Renewal applications shall be submitted to the  commissioner   at least thirty days prior to the commencement of the next license year.2. The commissioner may delegate his or her authority pursuant to this   section to issue pet dealer licenses to the county or city where the pet   dealer  seeking  licensure is located. Such delegation shall be pursuant   to an agreement entered into  by  the  commissioner  and  such  city  or   county.3.   Each  application  for  a  license  shall  be  accompanied  by  a   nonrefundable fee of one hundred dollars, except that those pet  dealers   who engage in the sale of less than twenty-five animals in a year, shall   pay a nonrefundable fee of twenty-five dollars.4.  The  moneys  received by the commissioner pursuant to this section   shall be deposited  in  the  "pet  dealer  licensing  fund"  established   pursuant to section ninety-seven-rr of the state finance law.5.  Where  the  authority to issue pet dealer licenses is delegated to   the county or city pursuant to subdivision two  of  this  section,  that   county or city shall, on or before the fifth day of each month, remit to   the  appropriate  municipal financial officer one hundred percent of all   license fees collected during the preceding month. The remittance  shall   be  accompanied  by  a report of license sales made during such month. A   copy of such report shall simultaneously be sent  to  the  commissioner.   All  license fees so remitted shall be the property of the municipality,   and shall be used solely for the purpose of carrying out  and  enforcing   the  provisions  of  this  article  and  of article thirty-five-D of the   general business law.6. Inspection in accordance with section four  hundred  five  of  this   article,  the  results of which establish compliance with the provisions   of this article and with the provisions of article thirty-five-D of  the   general  business  law  regarding  recordkeeping and consumer disclosure   requirements for pet dealers, shall precede issuance  of  a  license  or   renewal thereof under this section.7.  Upon  validation  by  the  commissioner  or  the  county  or  city   authorized  under  this  section  to  issue  pet  dealer  licenses,  the   application shall become the license of the pet dealer.8.  The  commissioner  shall  provide a copy of the license to the pet   dealer. The commissioner shall also retain a copy  of  the  license.  In   those  counties  where  the  commissioner  has  delegated  the licensing   authority to the county or city that county or  city  shall,  provide  a   copy  of  the  license to the pet dealer and a copy to the commissioner.   The county or city shall also retain a copy of the license  in  its  own   records.9.  No  pet dealer shall publish or advertise the sale or availability   of any dog or cat unless the publication or advertisement is accompanied   by the pet dealer's license number. Notwithstanding the foregoing, a pet   dealer, in operation on or before the effective date  of  this  section,   who  has  filed an application for an initial license under this article   may publish or advertise the sale or availability  of  any  dog  or  cat   without  the  publication  or advertisement being accompanied by the pet    dealer's license number until the commissioner grants or,  after  notice   and opportunity to be heard, declines to grant such license.10.  Such  license  shall  be  renewable  annually,  together with the   payment of a nonrefundable fee of one hundred dollars, or  upon  payment   of  a nonrefundable fee of twenty-five dollars for those pet dealers who   engage in the sale of less than twenty-five animals in a year.11. Pet dealers shall  conspicuously  display  their  license  on  the   premises where the animals are kept for sale so that they may be readily   seen by potential consumers.