reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 35 - Warranties on Mobile Homes › 721 - Definitions.

§  721.  Definitions.  As  used  in  this  article, unless the context
  otherwise indicates,  the  following  words  shall  have  the  following
  meanings:
1. Dealer. "Dealer" shall include any person, corporation, association
  or  any  other  legal  entity  who  customarily  sells  mobile  homes to
  consumers.
2.  Manufacturer.  "Manufacturer"  means   any   person   who   makes,
  fabricates, constructs, or assembles a mobile home. A manufacturer shall
  not  include  the  person  who  installs or sets up the mobile home on a
  site.
3. Mobile home. "Mobile  home"  means  a  moveable  or  portable  unit
  designed  and  constructed  to be towed on its own chassis, comprised of
  frame and wheels, connected to utilities, and designed  and  constructed
  without a permanent foundation for year-round living. A unit may contain
  parts  that  may be folded, collapsed or telescoped when being towed and
  expanded later to provide additional cubic capacity as well  as  two  or
  more  separately  towable components designed to be used exclusively for
  residential purposes, excluding travel trailers.
2023 New York Laws › GBS - General Business › Article 35 - Warranties on Mobile Homes › 723 - Written Warranty; Contents.

§  723.  Written warranty; contents. The mobile home warranty from the
  manufacturer to the buyer shall  be  set  forth  in  writing  and  shall
  contain the following terms:
1.  Defects. That the mobile home is free from any substantial defects
  in materials or workmanship.
2. Corrective action. That the manufacturer  or  the  dealer  for  the
  account  of  the  manufacturer  shall take appropriate corrective action
  within sixty days of receipt of written notification at the site of  the
  mobile  home  in  instances  of  substantial  defects  in  materials  or
  workmanship, which become evident within one year from the date  of  the
  delivery  of  the  mobile home to the consumer, provided the consumer or
  his transferee gives written notice of such defects to the  manufacturer
  or dealer at their business address not later than one year and ten days
  after date of delivery.
2023 New York Laws › GBS - General Business › Article 35 - Warranties on Mobile Homes › 724 - Cumulative Remedies; Prohibition Against Waiver.

§  724.  Cumulative remedies; prohibition against waiver. The warranty
  under this article shall be in addition to and not in derogation of  all
  other rights and privileges which such consumer may have under any other
  law  or instrument. Waiver of any rights by the buyer under this chapter
  shall be deemed contrary to public policy and shall be unenforceable and
  void.
2023 New York Laws › GBS - General Business › Article 35-A - Aftermarket Rustproofing Warranties of New Motor Vehicles › 730 - Definitions.

§  730.  Definitions.  Whenever  used in this article: 1. "Aftermarket
  rustproofing" means  the  application  of  rust-inhibiting  material  to
  various  areas  of  a  new  motor  vehicle  after  the  vehicle has been
  assembled.
2. "Buyer" means a natural person who  buys  or  receives  aftermarket
  rustproofing  on  a  new motor vehicle if such vehicle is bought for use
  primarily for personal, family or household purposes.
3. "Person" means an individual, partnership, corporation, association
  or any other legal entity.
4. "Warrantor" means any person who issues a written warranty pursuant
  to section seven hundred thirty-one of this article.
2023 New York Laws › GBS - General Business › Article 35-A - Aftermarket Rustproofing Warranties of New Motor Vehicles › 731 - Written Warranty Required.

§  731.  Written  warranty  required. A person who applies aftermarket
  rustproofing to motor vehicles sold in  this  state  shall  provide  the
  buyer  with  a  written warranty which complies with the requirements of
  this article.
2023 New York Laws › GBS - General Business › Article 35-A - Aftermarket Rustproofing Warranties of New Motor Vehicles › 732 - Written Warranty; Contents.

§  732.  Written  warranty;  contents.  The  aftermarket  rustproofing
warranty required by this article must contain the following terms:
1. Defects. The body sheet metal, structural members and frame of  the
motor  vehicle  are  warranted  not  to rust through from the inside out
during the warranty period specified.
2. Corrective action.
(a) The warrantor will, as a minimum remedy, make repairs or indemnify
the buyer for the actual cost of repairing any rust  damage  covered  by
the warranty.
(b)  The  warrantor  will  honor  all  valid claims under the warranty
regardless of their number.
(c) Nothing contained in this section shall be deemed  to  preclude  a
warrantor  from entering into a contract requiring a financially solvent
applicator to be initially responsible for the cost  of  any  corrective
action  as  a  result  of  the  negligence  of  the  applicator  of  the
aftermarket rustproofing.
3. Length of warranty. This warranty shall be valid for  a  period  of
not  less  than  five  years  from  the  date  of the application of the
aftermarket rustproofing, provided, however, that this section shall not
be construed as to extend this warranty to a person who is a  subsequent
transferee of the buyer.
2023 New York Laws › GBS - General Business › Article 35-A - Aftermarket Rustproofing Warranties of New Motor Vehicles › 733 - Warrantor Liability for Authorized Aftermarket Rustproofing; Notification.

§  733.  Warrantor  liability for authorized aftermarket rustproofing;
  notification. 1. It shall be unlawful for a warrantor to include in  any
  warranty  agreement  a  clause that purports to limit a buyer's warranty
  protection on the basis that the buyer has, or may have, a  claim  under
  an existing warranty.
2.  It  shall be unlawful for a warrantor to fail to notify a buyer in
  writing within ten business days of inspecting the buyer's motor vehicle
  for rust damage whether the warranty claim will be allowed or denied. If
  the claim is denied, the specific reasons for the denial shall be stated
  in writing.
3. It shall be unlawful for a warrantor to fail  to  honor  a  buyer's
  warranty  claim  on  the  basis  that  the  aftermarket rustproofing was
  applied improperly, if such service was provided by a person  authorized
  by the warrantor.
4.  Nothing  contained  in  this  section shall be deemed to prevent a
  warrantor from refusing to honor a warranty claim based upon the failure
  of a buyer to comply with provisions of a warranty with respect  to  the
  proper care and maintenance of the aftermarket rustproofing.
2023 New York Laws › GBS - General Business › Article 35-A - Aftermarket Rustproofing Warranties of New Motor Vehicles › 734 - Remedies; Violations and Penalties.

§  734.  Remedies;  violations  and penalties. 1. A buyer injured by a
  violation of this article  may  bring  an  action  to  recover  damages.
  Judgment  may  be  entered  for  up  to  three  times the actual damages
  suffered by a consumer up  to  one  thousand  dollars,  or  one  hundred
  dollars,  whichever  is  greater,  if  the court finds such violation is
  willful. The court  may  also  award  reasonable  attorneys  fees  to  a
  prevailing plaintiff.
2.  Upon  any violation of this article, an application may be made by
  the attorney general in the name of the people of the state to  a  court
  or  justice  having jurisdiction to issue an injunction, and upon notice
  to the respondent of not less than five days, to enjoin and restrain the
  continuance of the violation. If it shall appear to the satisfaction  of
  the  court  or justice that the respondent has violated any provision of
  this article, an injunction may be  issued  by  the  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
  article  has  occurred, the court may impose a civil penalty of not more
  than one thousand dollars for each violation.
2023 New York Laws › GBS - General Business › Article 35-A - Aftermarket Rustproofing Warranties of New Motor Vehicles › 735 - Cumulative Remedies; Prohibition Against Waiver.

§  735.  Cumulative remedies; prohibition against waiver. The warranty
  under this article shall be in addition to and not in derogation of  all
  other rights and privileges which such consumer may have under any other
  law  or instrument. Waiver of any rights by the buyer under this chapter
  shall be deemed contrary to public policy and shall be unenforceable and
  void. Nothing in this article  shall  affect  a  consumer's  ability  to
  settle with a warrantor any disputes which arise under the warranty.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 736 - Definitions.

§ 736. Definitions. As used in this article:
1.  "Automobile  broker  business"  means  any  person who, for a fee,
  commission or other valuable consideration, regardless of  whether  such
  fee, commission, or consideration is paid directly by a consumer, offers
  to  provide,  provides,  or  represents  that  he  or she will provide a
  service of purchasing, arranging, assisting, facilitating  or  effecting
  the purchase or lease of an automobile as agent, broker, or intermediary
  for a consumer. "Automobile broker business" does not include any person
  registered  as  a  dealer pursuant to article sixteen of the vehicle and
  traffic law nor any bona fide employee  of  a  registered  dealer  while
  acting  for  such  dealer,  or  any person who sells, offers for sale or
  lease or acts as agent, broker or intermediary in effecting the purchase
  or lease of three  or  fewer  automobiles  in  any  calendar  year,  any
  national  service  which  aggregates information for consumers, but does
  not  otherwise  have  contact  with  consumers,  or  any  motor  vehicle
  franchisor,   manufacturer,  or  distributor  registered  under  article
  sixteen of the vehicle and traffic law.
2. "Consumer" means a natural person who is solicited to  purchase  or
  who purchases the services of an automobile broker business.
3.  "Person"  includes  an individual, corporation, partnership, joint
  venture, or any other business entity.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 736-A - Registration Required.

§  736-a. Registration required. 1. No person shall engage in business
  as an automobile broker business, as defined in  section  seven  hundred
  thirty-six   of  this  article,  without  first  having  been  issued  a
  certificate of registration for an automobile broker  business  pursuant
  to  paragraph  c of subdivision seven of section four hundred fifteen of
  the vehicle and traffic law.
2. A certificate of registration for  an  automobile  broker  business
  shall  not permit the registrant to display for sale or lease any new or
  used motor vehicles without registration as a dealer under section  four
  hundred fifteen of the vehicle and traffic law.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 737 - Advance Fees Prohibited.

§  737.  Advance  fees prohibited. No automobile broker business shall
  solicit, receive or collect from a consumer any fee, or  commission,  in
  advance  of  the performance of those services specified in the contract
  as required by section seven hundred thirty-eight of this article.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 739 - Contracts Void and Unenforceable.

§  739. Contracts void and unenforceable. 1. Any contract for services
  which does not comply with the applicable  provisions  of  this  article
  shall be void and unenforceable as contrary to public policy.
2. Any waiver by a consumer of the provisions of this article shall be
  deemed void and unenforceable as contrary to public policy.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 740 - Escrow Required for Advance Payments.

§  740.  Escrow  required  for  advance payments. All monies paid by a
  consumer  to  an  automobile  broker  business  in  connection  with   a
  transaction  covered  by  this  article  shall  be  trust  funds  in the
  possession of such automobile broker business and shall be deposited  by
  it  within  five  days after receipt thereof, in an account in a banking
  organization within the state.  The  automobile  broker  business  shall
  thereupon notify in writing the consumer, giving the name and address of
  the  banking  organization and the amount deposited. The monies shall be
  held on deposit until fully applied to the contract price  at  the  time
  the  automobile  is  delivered  to the consumer, unless sooner repaid in
  accordance with the provisions of this article.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 740-A - Automobile Broker Business Surety Bond.

§  740-a. Automobile broker business surety bond. 1. Automobile broker
  businesses shall obtain and continue in  effect  a  surety  bond  in  an
  amount  of  one  hundred  thousand  dollars executed by a surety company
  authorized to transact business  in  the  state  by  the  department  of
  financial  services  of  the  state or its successor. The bonds shall be
  approved as to form by the secretary of state and shall  be  conditioned
  on  the  automobile  broker  business' payment of all valid bank drafts,
  including  checks,  drawn  for  the  purchase  of  motor  vehicles   and
  safekeeping  of  all  customer  deposits  related to the sale of a motor
  vehicle between the time of receipt of such  customer  deposit  and  the
  transfer of good title to the vehicle to the customer.
2.  Recovery  against  a  bond  may be made by a person, including the
  state, who obtains a judgment against the automobile broker business for
  an act or omission on which the  bond  is  conditioned  if  the  act  or
  omission  occurred  during  the  term  of  the bond. The total liability
  imposed on the surety under this section for all breaches  of  the  bond
  condition  is limited to the face amount of the bond. Such liability may
  include, but is not limited to, the amount of  the  valid  bank  drafts,
  including  checks,  drawn  by  the  automobile  broker  business for the
  purchase of motor vehicles. In no event shall the surety on  a  bond  be
  liable  for total claims in excess of the bond amount, regardless of the
  number or nature of claims made against the bond or the number of  years
  the bond remained in force.
3.  Any  surety  issuing  a bond pursuant to this subdivision shall be
  required to provide sixty days' notice to the secretary of  state  prior
  to the effective date of cancellation of the bond.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 741 - Deceptive Acts Prohibited.

§  741.  Deceptive  acts  prohibited.  It  is  hereby declared to be a
  deceptive trade practice and unlawful for an automobile broker  business
  to  misrepresent  directly or indirectly in its advertising, promotional
  materials, sales presentation, or in any manner:
1. The nature of the services to be performed;
2. The time within which the services will be performed;
3. The cost of the services to be performed; and
4. The ability of  the  automobile  broker  business  to  perform  the
  services.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 741-A - Advertising.

§  741-a.  Advertising. Automobile broker businesses shall clearly and
conspicuously disclose  the  following  in  all  advertisements  in  any
medium, and in any print advertisement such disclosures shall not appear
in  any  footnotes  and  shall  be  situated in the top half of any such
advertisement in an easily readable typeface:
(a) That the automobile broker business is not a registered new  motor
vehicle dealer but is a registered automobile broker business as defined
in section four hundred fifteen of the vehicle and traffic law;
(b)  The  registration number issued to the automobile broker business
pursuant to section four hundred fifteen of the vehicle and traffic law;
(c) Whether any fees may be imposed by the automobile broker  business
for services rendered. Details of such compensation shall be provided by
the automobile broker business upon request by the consumer; and
(d)  That  no  warranty  repair  services  will  be  provided  by  the
automobile broker business.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 741-B - Disclosure.

§  741-b.  Disclosure.  An  automobile broker business shall provide a
  disclosure at the time such automobile broker business takes an order to
  search  for  a  leased  vehicle   meeting   the   prospective   lessee's
  specifications.  Such  disclosure  shall provide the amount of any fees,
  commissions  or  other  valuable  consideration  the  automobile  broker
  business  expects  to  receive,  if  known, from a dealer, lessor or any
  other person or entity for any assistance the automobile broker business
  provides in effecting the lease transaction. If the amount of  any  such
  fees,  commissions or other valuable consideration the automobile broker
  business expects to receive is unknown  at  the  time  of  the  required
  disclosure,  the  automobile broker business shall disclose: (a) whether
  it has a contract with any dealer, lessor or any other person or  entity
  for  the  provision  of assistance in effecting a lease transaction; and
  (b) whether the automobile broker business may  be  compensated  by  the
  dealer,  lessor  or  any  other  person  or entity for any assistance in
  effecting such lease transaction.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 742 - Action for Recovery of Damages by Consumer.

§  742.  Action  for  recovery  of  damages  by consumer. Any consumer
  injured by a violation of this article or by the breach by an automobile
  broker business of a contract which has been entered  into  pursuant  to
  section  seven  hundred  thirty-nine of this article may bring an action
  for recovery of damages.  Judgment  shall  be  entered  in  favor  of  a
  consumer  in an amount not to exceed three times the actual damages, but
  in no case less than the amount paid by  the  buyer  to  the  automobile
  broker  business.  The  court  may award reasonable attorney's fees to a
  prevailing plaintiff.
2023 New York Laws › GBS - General Business › Article 35-B - Automobile Broker Business › 743 - Enforcement by Attorney General.

§  743.  Enforcement  by  attorney  general.  In addition to the other
  remedies provided, whenever there shall be a violation of this  article,
  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 article, 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 article has occurred, the court shall impose  a  civil
  penalty  of  not  less than one thousand dollars and not more than three
  thousand dollars  for  each  violation.  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.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750 - Declaration of Policy.

§  750.  Declaration  of  policy.  The  legislature  hereby  finds and
  declares that the relationships that humans develop with  other  members
  of the animal kingdom that are taken into our homes and kept as pets are
  unique  and  special.  These  relationships  can  enrich  our  lives and
  increase our happiness. Even after the death of a pet, human  attachment
  to  the memory of the pet often remains very strong and many people feel
  the need to memorialize their love for their animal by burying their pet
  in a pet cemetery. Pet cemeteries, their  managers  and  owners  have  a
  special responsibility to their customers who have entrusted their pets'
  remains  with  them.    These  pet  cemeteries  have a duty to act in an
  ethical  and  lawful  manner  to  prevent  grieving  pet   owners   from
  experiencing  further  any  emotional  pain  or  financial manipulation.
  Perpetrations of fraud against grieving pet owners are unconscionable.
The legislature further finds and declares that  the  people  of  this
  state  have  a  vital  interest  in  the  establishment, maintenance and
  preservation of pet cemeteries  and  pet  crematoriums  and  the  proper
  operation  of  the  businesses  and individuals which own and manage the
  same. This article is determined an exercise of  the  police  powers  of
  this  state  to  protect  the well-being of our citizens, to promote the
  public welfare, to promote the health of the public and to  prevent  pet
  cemeteries   and  pet  crematoriums  from  falling  into  disrepair  and
  dilapidation and becoming a burden upon the community.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-B - License Required.

§  750-b.  License  required. On and after July thirty-first, nineteen
  hundred ninety-three, no person shall engage for a fee in  the  business
  of  operating  a  pet  cemetery  or  pet  crematorium or hold himself or
  herself out as being able so to do unless he or she is licensed therefor
  pursuant to  this  article.  Nothing  herein  shall  prohibit  a  person
  licensed  in  accordance  with  the  provisions  of  this  article  from
  employing individuals to assist in the operation of a  pet  cemetery  or
  pet crematorium.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-C - Powers of the Secretary of State.

§  750-c.  Powers  of  the  secretary of state. The secretary of state
  shall  inspect  periodically  all  licensed  pet  cemeteries   and   pet
  crematoriums.  The  cost  of such inspection shall not be charged to the
  pet cemeteries or crematoriums. In addition to  the  powers  and  duties
  elsewhere  prescribed in this article, the secretary of state shall have
  power:
1. To appoint an adequate number of assistants, inspectors  and  other
  employees  as  may  be  necessary  to  carry  out the provisions of this
  article, to prescribe their duties, and to fix their compensation within
  the amount appropriated therefor.
2. To investigate applicants for licenses under this article.
3. To keep records of all licenses issued, suspended or revoked.
4. To conduct a physical inspection of all grounds  and  buildings  of
  any  pet  cemetery  or  pet crematorium periodically or upon receiving a
  complaint.
5. To conduct a financial audit of all business  records,  trust  fund
  records and pet disposal forms for any pet cemetery or pet crematorium.
6. To issue a subpoena for persons or records deemed appropriate to an
  investigation or any other action taken pursuant to this article.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-D - Rules and Regulations.

§  750-d. Rules and regulations. 1. With respect to pet cemeteries and
  pet crematoriums, the department of state shall have power to adopt such
  rules and regulations not  inconsistent  with  the  provisions  of  this
  article,  as  may  be  necessary with respect to the form and content of
  applications for licenses, the reception thereof, the  investigation  of
  applicants and their qualifications, the operation of pet cemeteries and
  pet   crematoriums  whose  licenses  to  operate  such  enterprises  are
  suspended, revoked or not renewed, and the other matters  incidental  or
  appropriate  to  his powers and duties as prescribed by this article and
  for the proper administration and enforcement of the provisions of  this
  article, and to amend or repeal any of such rules and regulations.
2.  With  respect  to pet disposal for a fee, whether by earth burial,
  entombment, inurnment, cremation, or otherwise, by a  veterinarian,  pet
  cemetery  or  pet  crematorium,  the  department of state shall have the
  power to adopt such rules and  regulations  not  inconsistent  with  the
  provisions of this article, as may be necessary with respect to the form
  and  content  of  pet  disposal  forms, registration of disposals by pet
  cemeteries or pet crematoriums, and  the  other  matters  incidental  or
  appropriate  to  his powers and duties as prescribed by this article and
  for the proper administration and enforcement of the provisions of  this
  article, and to amend or repeal any of such rules and regulations.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-E - License; Application.

§  750-e.  License;  application.  1. Any person desiring a license to
engage in the business of operating a pet cemetery  or  pet  crematorium
under  this  article  may  make  application  to  the secretary of state
therefor. The application shall  be  subscribed  by  the  applicant  and
affirmed  by  him  or  her as true under the penalties of perjury.  Such
application shall be in a form as the secretary of state shall prescribe
setting forth:
(a) The name and address of the applicant: if an individual, the  name
under which he or she intends to conduct business; if a partnership, the
name  and  business  address  of each member thereof, and the name under
which business is to be conducted; if a corporation;  the  name  of  the
corporation and the name and business address of each stockholder of the
corporation holding stock interest of more than ten per centum.
(b)  The  place or places, including the complete address or addresses
where the business is to be conducted.
(c) A summary of all relevant experience  of  all  persons  listed  in
paragraph  (a)  of  this subdivision in the operation of a cemetery, pet
cemetery, crematorium, pet crematorium and/or the management of funds.
(d) Satisfactory evidence of good moral character.
(e) Such further information as the secretary of state  may  prescribe
by rule or regulation.
2. The secretary of state shall not issue a license to any person who:
(a) has had their license to operate a pet cemetery or pet crematorium
suspended or revoked by the secretary of state; or
(b)  has  been  convicted within the last five years of a felony under
the laws of this state involving fraud, bribery, perjury,  or  theft  or
has  been  convicted  under the laws of any other state or of the United
States of a criminal offense which, if committed and prosecuted in  this
state, would constitute a similar felony under such laws of this state.
3. Any person who has had an application for a license rejected by the
secretary  of  state  may  appeal such determination pursuant to section
seven hundred fifty-i of this article.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-G - Fees.

§  750-g. Fees.  1. The fee for a license to engage in the business of
  operating a pet cemetery or pet crematorium shall be one  hundred  fifty
  dollars.  For  each  renewal thereof, the fee shall be one hundred fifty
  dollars.
2. The fee for issuing a duplicate license  in  substitution  for  one
  lost, destroyed or mutilated shall be twenty-five dollars.
3. The fee for changing a name or address shall be ten dollars.
4.  The  fees hereinabove set forth shall be those for licenses issued
  for the license period of two years or fraction of such period.
5. No fees listed in subdivisions one, two,  three  or  four  of  this
  section  shall  be  charged  to  any  municipality  seeking a license to
  operate a pet cemetery or pet crematorium.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-H - Denial of License Application and Suspension and Revocation of Licenses.

§  750-h.  Denial of license application and suspension and revocation
of licenses.  1. An application for a license under this article may  be
denied  or  a  license  to  engage  in  the  business of operating a pet
cemetery or  pet  crematorium  may  be  suspended  or  revoked,  by  the
secretary of state, for any one or more of the following causes:
(a) Fraud or bribery in securing a license;
(b)  The  making of any false statement as to a material matter in any
application or other statement or certificate required by or pursuant to
this article;
(c)  Incompetency  in  the  operation  of  a  pet  cemetery   or   pet
crematorium;
(d) Failure to display the license as provided in this article;
(e)  Violation  of  any  provision  of this article, or of any rule or
regulation adopted hereunder;
(f) Conviction of a crime involving fraud, theft, perjury  or  bribery
or  other  cause  which  would permit disqualifications from receiving a
license upon the original application;
(g) Failure to retain all pet disposal forms for a period of two years
following receipt;
(h) Failure to comply with the duties  of  a  pet  cemetery  owner  or
operator  as set forth in section seven hundred fifty-v of this article;
and
(i) Conviction of a violation of article twenty-six of the agriculture
and markets law involving cruelty to animals.
2. Whenever the license to engage in the business of operating  a  pet
cemetery  or  pet  crematorium  is  revoked,  such  license shall not be
reinstated or reissued until after the expiration of a  period  of  five
years  from  the  date  of  such  revocation  and the secretary of state
approves the license  application  pursuant  to  section  seven  hundred
fifty-e of this article.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-J - Judicial Review.

§  750-j.  Judicial  review.  The  action of the secretary of state in
  suspending, revoking or  refusing  to  issue  or  renew  a  license,  or
  imposing  a fine or reprimand on the holder thereof may be reviewed by a
  proceeding brought under and pursuant to article  seventy-eight  of  the
  civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-K - Violations and Penalties.

§ 750-k. Violations and penalties. Any person not licensed pursuant to
  this  article who shall directly or indirectly engage in the business of
  operating a pet cemetery or pet crematorium or hold himself  or  herself
  out  to  the  public as being able so to do, or who shall violate any of
  the provisions of this article, or having had his license  suspended  or
  revoked,  shall  continue  to  engage in the business of operating a pet
  cemetery or pet crematorium or who, without a license to engage  in  the
  business  of  operating  a  pet cemetery or pet crematorium, directly or
  indirectly employs, permits or authorizes an unlicensed person to engage
  in the business of operating a pet cemetery or  pet  crematorium,  shall
  for  the  first  offense  be  guilty of a violation and, upon conviction
  thereof, shall be punished by a fine  of  not  more  than  five  hundred
  dollars  or by imprisonment for a term of not more than fifteen days, or
  by both such fine and imprisonment. If the conviction is for an  offense
  committed  after the first conviction of such person under this article,
  such person shall be  guilty  of  a  misdemeanor  and,  upon  conviction
  thereof,  shall be punished by a fine of not more than two thousand five
  hundred dollars or by imprisonment for a term of not more than one year,
  or by both such fine and imprisonment. Each violation  of  this  article
  shall be deemed a separate offense.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-L - Official Acts Used as Evidence.

§  750-l.  Official  acts  used  as evidence. The official acts of the
  secretary of state, department of state and department of  environmental
  conservation  shall  be  prima  facie  evidence of the facts therein and
  shall be entitled to be received in evidence in all actions at  law  and
  other  legal  proceedings  in  any  court  or  before any board, body or
  officer.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-M - Dedication of Moneys Derived From Operation of Article.

§  750-m.  Dedication of moneys derived from operation of article. All
  moneys derived from the operation of this article shall on or before the
  tenth day  of  each  month  be  paid  into  the  pet  cemetery  and  pet
  crematorium   inspection  and  licensing  fund  established  by  section
  ninety-seven-nn of the state finance law.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-N - Dedication of Real Property for Pet Cemetery Purposes.

§ 750-n. Dedication of real property for pet cemetery purposes. 1. The
  owner  of  any real property used or to be used for a pet cemetery shall
  file, or cause to be filed, in the office of the clerk  or  recorder  of
  the  county  in  which  the  real  property  is  located,  a  dedication
  restricting the real property to be used only for such purposes  as  are
  usual  and  customary  for  the operation of a pet cemetery. Such person
  shall additionally file a certified copy of  such  dedication,  together
  with notation of the date, time, book and page of filing by the clerk or
  recorder  of  said county, with the secretary of state. Such filing with
  the secretary of state shall additionally include a copy of a survey map
  and appropriate zoning approvals as may be reasonably  required  by  the
  secretary of state.
2.  The  owner  or  operator of every pet cemetery shall keep adequate
  records of all purchasers of space for pet remains within the grounds of
  such pet cemetery.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-O - Removal of Dedication.

§  750-o.  Removal  of  dedication.  Upon  the  filing of a dedication
  restricting real property for the operation  of  a  pet  cemetery,  such
  dedication  may only be amended or removed by order of the supreme court
  of the county where the pet  cemetery  is  located.  Such  petition  for
  amendment  or removal of dedication shall include written consent by all
  persons who purchased or otherwise are entitled to rights of disposal or
  rights to continuing care of a pet grave in  that  portion  of  the  pet
  cemetery  for  which  the dedication is sought to be amended or removed.
  If the portion of the pet cemetery for which the dedication is sought to
  be amended or removed includes pet remains, such  pet  remains  must  be
  removed,  upon  the  written consent of all persons who purchased or are
  otherwise entitled to rights of disposal or rights to continuing care of
  a pet grave, their heirs or assigns, with the removal to be entirely  at
  the  cost  of  the  owner  of the pet cemetery. The court, upon proof of
  diligent efforts and as determined by the court, may dispense  with  the
  written  consent of any person who purchased or is otherwise entitled to
  rights of disposal whose whereabouts, identity or heirs or  assigns  are
  unknown.  In  the  event  that the court has dispensed with any person's
  written consent under this section, the court may make  a  determination
  as to the consideration appropriate for such consent and order that such
  monies  be  deposited  with  the court, which shall then be paid to such
  person upon appropriate proof of  claim.  If  the  premises  are  a  pet
  cemetery,  such petition may additionally include an environmental audit
  if required by the court, which audit shall identify  any  environmental
  problems   caused   by   the   pet   cemetery   activity,  including  an
  identification  of  pet  disposal  sites.  If  the  environmental  audit
  identifies  any  environmental  problem, it shall additionally include a
  plan for the correction  or  remediation  of  such  problems,  including
  financial, human and other resources estimates, projected time schedules
  for  the  completion  of  the  corrective and remedial actions, with the
  court to make any order on the petition conditional upon the  completion
  of  such  corrective  and  remedial  action or upon the deposit with the
  court with such money as determined necessary for  such  remediation  or
  correction.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-P - Area Requirements for Pet Cemeteries.

§  750-p.  Area  requirements for pet cemeteries. A pet cemetery which
  commences operations on or after the effective date of this article  and
  which  provides for the permanent interment of pets shall consist of not
  less than  five  contiguous  acres  of  real  property  in  total  area,
  inclusive  of  any structures, facilities, or buildings situated thereon
  and used for the business purposes of the pet cemetery. The secretary of
  state may grant a waiver of the minimum  size  limit  based  on  factors
  including  the number of above-ground entombments, the number of remains
  buried and the nature of the surrounding community. Nothing contained in
  this section shall restrict any town, village or city from enacting  any
  local  law  which  provides  for an area requirement greater than as set
  forth herein.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-Q - Maintenance Fees for Pet Cemeteries.

§  750-q. Maintenance fees for pet cemeteries. 1. A pet cemetery owner
may charge a permanent maintenance endowment fee for the care of the pet
cemetery, which if charged, shall be placed by the  pet  cemetery  owner
into a permanent maintenance endowment care or similar trust fund.
2. In lieu of a permanent maintenance endowment fee, the operator of a
pet  cemetery  and a pet owner may enter into a contract for care of the
pet cemetery on an annual basis. The pet owner then shall be charged  an
annual  maintenance  fee  which  shall  be  paid in the manner described
below. However, only  one  contract  for  annual  maintenance  shall  be
entered  into  per  gravesite and shall state specifically the amount of
the annual maintenance fee to be paid each year. The contract shall also
state  that  failure  to  pay  these  annual  fees  can  result  in  the
disinterment of the pet.
(a)  The  annual  maintenance  fee, billed each calendar year shall be
placed by the pet cemetery owner in  the  general  account  of  the  pet
cemetery  to  be  used for pet cemetery operation and maintenance during
the succeeding years. For the purposes of this section and section seven
hundred fifty-r of this article, the term  pet  cemetery  operation  and
maintenance  shall mean all costs incurred to operate and maintain a pet
cemetery including salaries and  bonuses  for  employees,  officers  and
directors,  but  shall not include any fines or penalties imposed by the
secretary of state or other agency or court.
(b) If the annual maintenance fee is not paid within  ninety  days  of
the date of which it is due, the pet cemetery owner shall notify the pet
owner  in  writing  that  such  fee  is  due and payable. If such annual
maintenance fee is not paid within ninety  days  of  such  writing,  the
disposal  rights  or rights to continuing care of a pet grave of the pet
owner shall terminate.
(c) If the annual maintenance fee  is  not  paid  within  one  hundred
eighty days of the date of which it is due, the disposal rights of a pet
owner  shall  then  terminate  and the pet cemetery owner may at anytime
thereafter remove such pet and if removed dispose  of  remains  by  mass
cremation or mass burial.
(d)  Nothing  in this section shall prevent a pet owner from prepaying
annual maintenance fees for any number of years in advance.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-R - Endowment Care or Similar Trust Funds.

§  750-r.  Endowment  care  or  similar trust funds. 1. A pet cemetery
  which commenced operations prior to the effective date of  this  article
  shall  establish an endowment care or similar trust fund, the balance of
  which shall not be less then twelve thousand dollars, by January  first,
  nineteen  hundred ninety-five. The secretary of state may grant a waiver
  to the provisions of this subdivision if an endowment  care  or  similar
  trust  fund is established and twelve thousand dollars is placed in such
  fund within a reasonable amount of time not to exceed ten years from the
  effective date of this article and the provisions of this  section  will
  present  a  significant  financial hardship to the pet cemetery owner or
  operator.
2. A pet cemetery which commences operations on or after the effective
  date of this article, shall, prior to the acceptance of  any  moneys  as
  annual  maintenance  fees,  establish an endowment care or similar trust
  fund for the permanent operation and maintenance of the pet cemetery, in
  an amount of not less than twelve thousand dollars.
3. The fiduciary holding such endowment care  or  similar  trust  fund
  shall have such power to invest such fund as set forth in section 11-2.2
  of  the  estates,  powers  and trusts law. The interest earnings of such
  trust fund shall be used exclusively for the operation  and  maintenance
  of  such  pet cemetery. Any distribution of principal of such option and
  trust fund shall only be upon order of the supreme court of  the  county
  where  the  pet  cemetery is located, for good cause and exclusively for
  the operation and benefit of such pet cemetery. Unless such distribution
  of principal shall be as part of a removal of dedication  for  such  pet
  cemetery,  such order shall additionally make adequate provision for the
  permanent maintenance of the pet cemetery.
4. A pet cemetery, owned and operated by a not-for-profit  corporation
  that  has  in  excess  of  one  million dollars in its endowment care or
  similar trust fund, may use any surplus income in such trust fund  above
  and  beyond  its costs for pet cemetery operation and maintenance in any
  manner allowed by the not-for-profit corporation's charter  or  by-laws,
  provided that the use of such surplus does not endanger the integrity of
  such trust fund.
5.  A pet cemetery, owned and operated by a not-for-profit corporation
  that is a humane society may be granted a waiver of  the  provisions  of
  this  section by the secretary of state if the secretary determines that
  the interests of the pet owners will be  adequately  protected  and  the
  provisions  of  this section present a significant financial hardship to
  the pet cemetery owner.
6. Such trust funds are not invalid by reason of any indefiniteness or
  uncertainty of the persons designated as beneficiaries, nor  shall  they
  be invalid as violating any existing rule against perpetuities.
2023 New York Laws › GBS - General Business › Article 35-C - Operation of Pet Cemeteries and Pet Crematoriums › 750-S - Pet Disposal Forms.

§   750-s.  Pet  disposal  forms.  1.  Each  person  who  gives  to  a
veterinarian or a pet cemetery owner or pet crematorium owner a pet  for
disposal shall be provided by such veterinarian or pet cemetery owner or
pet  crematorium  owner with a pet disposal disclosure document, in form
approved  by  the  secretary  of  state,  which  shall  set  forth   the
alternative methods of pet disposal, the cost of each such method of pet
disposal,  if available, and the nature of or place in which each method
of disposal will be carried out. The veterinarian or  the  pet  cemetery
owner  or  the  pet crematorium owner, as the case may be, shall give to
the person who completes the form a copy of the form and retain  a  copy
of  said form. If the person completing the form chooses to have the pet
disposed of  by  a  pet  cemetery  or  pet  crematorium  and  makes  the
arrangements  therefor  through  a  veterinarian, the veterinarian shall
provide the person with the name, location and telephone number  of  the
pet   cemetery  or  pet  crematorium  so  that  the  person  may  obtain
information about the pet cemetery or pet crematorium. The  veterinarian
shall  also  ensure that a copy of the pet disposal form accompanies the
pet when it is removed from the veterinarian's office.
2. A veterinarian or pet cemetery operator may complete a pet disposal
form with the oral consent of the pet owner. Such oral consent shall  be
witnessed  and  a  record of such consent and the completed pet disposal
form shall be retained in the veterinarian's records.  A  copy  of  such
completed pet disposal form shall be sent to the pet owner if requested.
3.  If  a  pet owner is unwilling or unable to complete a pet disposal
form then a veterinarian may complete  the  pet  disposal  form  if  two
attempts  are  made  to  contact  the  pet  owner. However, at least one
attempt shall be made in writing and sent by first class  mail.  If  the
veterinarian  does complete the pet disposal form without the consent of
the pet owner then a copy of the completed pet disposal  form  shall  be
retained  by  the veterinarian along with the records of the attempts to
contact the pet owner.
4. No pet disposal form shall be required if:
(a) no pet owner can be identified;
(b) the pet remains originate with a municipality;
(c) the pet is abandoned pursuant  to  article  twenty-five-B  of  the
agriculture and markets law; or
(d) the pet is to be disposed of without charge to the pet owner.