N.Y. Agriculture & Markets Law § 96-f: Denial, revocation and suspension of licenses

§ 96-f. Denial, revocation and suspension of licenses. 1. The exposure

of meat, fowl or meat food product to insects, live animals or injurious

contamination, or the slaughter, possession or sale of unwholesome meat,

or the slaughtering, butchering, possession or sale of the fur, hair,

skin or flesh of a domesticated dog (canis familiaris) or domesticated

cat (felis catus or domesticus) shall be cause for the denial of an

application for license, or the revocation or suspension of a license

already granted. Any such denial, revocation or suspension may be

reviewed by a proceeding instituted under article seventy-eight of the

civil practice law and rules.

2. After due notice and opportunity to be heard, the license issued to

any person, firm, partnership or corporation to operate any place or

establishment where animals or fowls are slaughtered or butchered for

food pursuant to subdivision one of this section shall be revoked upon

establishing failure of three consecutive inspections. Nothing in this

subdivision shall prohibit the commissioner from taking licensing action

prior to failure of three consecutive inspections.

3. Each licensee shall post a copy of the date and results of its most

recent sanitary inspection by the department in a conspicuous location

near each public entrance, as prescribed by the commissioner. Such

copies shall also be made available to the public upon request. Any

licensee that violates the provisions of this subdivision shall be

subject to a penalty of five hundred dollars for each day of violation.

4. In addition to any other grounds established by this article for

the denial, revocation and suspension of licenses, the commissioner may

decline to grant a new license, may decline to renew a license, or may

suspend or revoke a license after due notice and opportunity for hearing

whenever he or she finds that:

(a) any statement contained in an application for license is or was

false or misleading;

(b) the establishment does not have facilities or equipment sufficient

to maintain adequate sanitation for the activities conducted;

(c) the establishment is not maintained in a clean and sanitary

condition or is not operated in a sanitary or proper manner;

(d) the maintenance and operation of the establishment is such that

the product produced therein is or may be adulterated;

(e) the establishment has failed or refused to produce any records or

provide any information demanded by the commissioner reasonably related

to the administration and enforcement of this article;

(f) the applicant or licensee, or an officer, director, partner,

holder of ten percent of the voting stock, or any other person

exercising any position of management or control has failed to comply

with any of the provisions of this chapter or rules and regulations

promulgated pursuant thereto; or

(g) any person including the applicant or licensee, or an officer,

director, partner or any stockholder, exercising any position of

management or control has been convicted of a felony in any court of the

United States or any state or territory and that there is a direct

relationship between that felony and the license sought or held by the

individual.