N.Y. Agriculture & Markets Law § 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 fifty 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.