N.Y. General Business Law § 750-f: Licenses; display; renewal; duplicates

§ 750-f. Licenses; display; renewal; duplicates. 1. All licenses

shall be for a period of two years.

2. No license shall be assignable or transferable except as

hereinafter provided.

3. A license to conduct the business of operating a pet cemetery or

pet crematorium issued to an individual may be assigned or transferred

for the remainder of the license period to a partnership or corporation

if such individual is a member of such partnership or an officer of such

corporation at the time of such assignment or transfer. A license issued

to a partnership may be assigned or transferred for the remainder of the

license period to any one member of such partnership, provided he

obtains the consent of all of the other members of such partnership. A

license issued to a corporation may be assigned or transferred for the

remainder of the license period to any officer of the corporation,

provided he obtains the consent of all of the other officers of such

corporation. The application for such transfer or assignment must be

accompanied by the requirements of section seven hundred fifty-e of this

article and by proof satisfactory to the department that the

requirements herein provided have been complied with. No assignment or

transfer shall become effective unless and until the endorsement has

been made on the face of the license by the department and such license,

so endorsed, has been returned to the assignee or transferee. All such

endorsements shall be made without payment of any fee. A bona fide

purchaser of such business from the holder of the license thereof may

continue to use the license of the seller from the date of the sale,

provided there is endorsed on the face thereof the name of the

purchaser, the date of the sale, and the signature of the seller and the

purchaser; and provided further within five days from the date of the

sale, an application, in accordance with the provisions of this article,

shall be presented by the purchaser to the secretary of state for a

license to conduct the business of operating a pet cemetery or pet

crematorium. Such license shall be valid until the purchaser's license

application is either granted or denied by the secretary of state.

4. A license to conduct the business of operating a pet cemetery or

pet crematorium issued to an individual or to a partnership may be used

after the death of the licensed individual or co-partner by his next of

kin or duly appointed administrator or executor in the name of the

estate from the date of death of such individual or co-partner, provided

that there is endorsed upon the face of the license after the name of

the decedent the word "deceased", the date of death and the name of the

next of kin, administrator or executor under whose authority the license

is being used, provided that within thirty days from the date of death

of the licensee, an application, in accordance with the provisions of

this article, shall be presented by the next of kin, administrator or

executor to the secretary of state for a license to conduct the business

of operating a pet cemetery or pet crematorium. Such license shall be

valid until the next of kin's, administrator's or executor's license

application is either granted or denied by the secretary of state.

5. A license to conduct the business of operating a pet cemetery or

pet crematorium shall be conspicuously posted upon the premises where

the licensee is engaged in the business of operating a pet cemetery or

pet crematorium.

6. Any license which has not been suspended or revoked, may, upon the

payment of the renewal fee prescribed by this article, be renewed for

additional periods of two years from its expiration, upon the filing of

an application for such renewal, on a form to be prescribed by the

secretary of state.

7. Any person failing to file application and fee for renewal of a

license to conduct the business of operating a pet cemetery or pet

crematorium within forty-five days immediately following the expiration

of his or her last license shall pay an additional fee of sixty dollars,

and if he or she fails to file application and fee for renewal within

ninety days he or she shall be ineligible for such license until he or

she shall have again met the requirements set forth in this article.

8. A duplicate license may be issued for one lost, destroyed or

mutilated upon application therefor on a form prescribed by the

secretary of state and the payment of the fee prescribed therefor by

this article. Each such duplicate license shall have the word

"duplicate" stamped across the face thereof and shall bear the same

number as the one it replaces.

9. Notice in writing shall be given the secretary of state within

thirty days at his or her office in Albany by the holder of a license to

conduct the business of operating a pet cemetery or pet crematorium of

any change in address of the business or residence of the person engaged

in the business of operating a pet cemetery or pet crematorium together

with the return of license, whereupon a properly signed endorsement will

be made on the face of the license as to such change and the license

then returned to the licensee. A change of address by a licensee without

such notice and endorsement of license shall operate to cancel the

license.