NY Agric & Mkts L § 408 (2021)
2021 New York Laws AGM - Agriculture and Markets Article 26-A - Care of Animals by Pet Dealers 408 - Exemption of Certain Entities From the Definition of Pet Dealer; Registration Required.

§  408.  Exemption  of  certain  entities  from  the definition of pet dealer; registration required. 1. Any person eligible for exemption from the definition of pet dealer pursuant to paragraph  (c)  of  subdivision four  of section four hundred of this article shall be registered by the department pursuant to the provisions of this section. Such registration shall be renewable annually and be accompanied by a fee of  one  hundred dollars.   2.  Application for registration as set forth in this section shall be made  annually  to  the  commissioner  on  a  form  prescribed  by   the commissioner. The applicant shall satisfy the commissioner of his or her character and responsibility and shall set forth such information as the commissioner shall require, including but not limited to the following:  (a)  Proof  of  the  applicant's  tax  exempt  designation pursuant to paragraph (3) of subsection (c) of section 501 of the  federal  Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of the federal Internal Revenue Code, as from time to time amended;  (b)  Proof  of  the  applicant's  incorporation  as  a  not-for-profit organization in this state pursuant to  the  not-for-profit  corporation law,  provided  further  that such organization is in good standing with the attorney general and the department of state;  (c) Proof of the applicant's registration with  the  attorney  general pursuant to article seven-A of the executive law;  (d)  The  name  of the applicant and the name or names under which the applicant offers its services to the public, any name  under  which  the applicant  has  offered  its services to the public during the past five years, and whether the applicant has ever held a license issued pursuant to this article;  (e) The address and telephone number of  the  applicant  and  for  any other  premise owned or leased by such applicant's organization to carry out the purposes for which it was incorporated and by which  it  may  be eligible for a licensing exemption pursuant to this section;  (f) The website and email address of the applicant;  (g)  The number of animals taken in, adopted, placed into permanent or temporary homes, or otherwise transferred into, out of,  or  within  the state by the applicant during the prior calendar year;  (h) The number of animals currently harbored by the applicant;  (i)  The  species  of  animal  the  applicant  typically  harbors  for adoption, placement or transfer;  (j) A description of facilities by which the applicant carries out the purposes for which it was incorporated, including a statement  regarding whether  the  applicant  harbors  the  animals  in  its  care in its own physical animal shelter or utilizes foster  homes,  commercial  boarding kennels or other arrangements; and  (k)  A sworn statement, signed by the applicant, declaring eligibility for a pet dealer licensing exemption pursuant  to  subdivision  four  of section four hundred of this article.   3. Upon approval by the commissioner, the registration shall be issued to  the  applicant and an exemption from the definition of pet dealer as defined in section four  hundred  of  this  article  shall  be  granted. Written approval of such registration shall be provided to the applicant by  the  commissioner and shall be accompanied by a pet dealer exemption identification number, which  shall  be  prominently  displayed  on  the registrant's  websites  and  accompany such registrant's publications or advertisements made  available  to  the  public  following  registration approval.   4.  The  commissioner may deny any application for registration as set forth in subdivisions  one  and  two  of  this  section  or  revoke  any  registration  already  granted, after written notice to the applicant or registrant and an opportunity to be heard, when:  (a) Any statement made on the application or to the commissioner found to be false or misleading;  (b)  The applicant or registrant, or an officer or director has failed to comply with any of the  provisions  of  this  section  or  rules  and regulations promulgated pursuant to subdivision six of this section;  (c)  The  applicant  or registrant, or an officer or director has been convicted of a misdemeanor or felony animal cruelty offense by  a  court of  the  United  States  or  any  state  or  territory  thereof, without subsequent pardon by the governor or other appropriate authority of  the state or jurisdiction in which such conviction occurred, or receipt of a certificate of relief from disabilities or a certificate of good conduct pursuant to article twenty-three of the correction law;  (d)  The  applicant or registrant is determined by the commissioner to be in violation of the department's dog and cat importation  regulations pursuant to 1 NYCRR Part 65;  (e)  The  applicant or registrant is determined by the commissioner to be in violation of section twenty-one hundred forty-one  of  the  public health  law  or  any  rule  or  regulation promulgated thereunder by the commissioner of health; and  (f) The applicant or registrant, or an officer or  director  has  been responsible  in  whole  or  in  part  for any act on account of which an application for registration may be denied or a  registration  cancelled pursuant to the provisions of this article.   5. Any person receiving an exemption pursuant to this section shall be subject  to the provisions prescribed in subdivision two of section four hundred six of this article for any violation of this section,  provided further  that  whenever  there  shall  be  a  violation of this section, application may be made by the attorney  general  in  the  name  of  the people  of  the  state  of  New  York  to  a  court  or  justice  having jurisdiction by a special proceeding to issue an  injunction,  and  upon notice  to  the  defendant  of  not  less  than five days, to enjoin and restrain the continuance of such violations; and if it shall  appear  to the  satisfaction  of  the  court  or justice that the defendant has, in fact, violated this section, an injunction may be issued by  such  court or  justice,  enjoining  and  restraining any further violation, without requiring proof that any person has, in fact, been  injured  or  damaged thereby.  In  any  such proceeding, the court may make allowances to the attorney general as provided in paragraph  six  of  subdivision  (a)  of section  eighty-three hundred three of the civil practice law and rules, and direct restitution.  Whenever  the  court  shall  determine  that  a violation  of  this  section  has occurred, the court may impose a civil penalty of not less than one hundred  dollars  and  not  more  than  one thousand  dollars. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with  the  civil practice law and rules.   6.  The  commissioner  is  hereby  authorized  to promulgate rules and regulations concerning  the  application,  registration  and  revocation process described in this section.