Senate Bill S5098A

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5098--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 30, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to  the  licensing
  and regulation of pet groomers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
29-CCC to read as follows:

                             ARTICLE 29-CCC
                 LICENSING AND REGULATION OF PET GROOMERS

SECTION 539. DEFINITIONS.
        540. STANDARD OF CARE.
        541. RECORD KEEPING.
        542. LICENSES.
        543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
        544. INSPECTIONS.
        545. VIOLATIONS.
        546. CURRENT PRACTITIONERS.

  S 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  1. "PET" MEANS AN ANIMAL AS DEFINED BY  SUBDIVISION  FIVE  OF  SECTION
THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  2.  "LICENSED  PET  GROOMER"  MEANS  AN  INDIVIDUAL, LICENSED AS A PET
GROOMER WHO BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL  REMUN-
ERATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04855-06-5

              

S. 5098--A                          2

  3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
A LICENSED PET GROOMER AT THE GROOMING FACILITY.
  4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
TY  WHERE  A  PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED, AND (I) PET
GROOMING IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET
GROOMING SERVICES ARE OFFERED WITHIN A RETAIL STORE.
  S 540. STANDARD OF CARE.  1.  THE  PRIMARY  CONCERN  OF  EVERY  PERSON
LICENSED  PURSUANT  TO  THIS ARTICLE, AND THOSE WORKING UNDER THE SUPER-
VISION OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET  IN
THEIR  CARE.  PETS  SHALL  NOT  BE LEFT UNATTENDED WHILE AT THE GROOMING
FACILITY. IN THE EVENT A PET IS LEFT UNATTENDED, THE PET SHALL  BE  KEPT
IN  A  STRUCTURALLY SOUND, CLEAN CAGE. PETS SHALL BE CARED FOR ACCORDING
TO THE MINIMUM STANDARDS OF SUBDIVISIONS ONE, TWO,  THREE  AND  FOUR  OF
SECTION  FOUR  HUNDRED  ONE  OF THE AGRICULTURE AND MARKETS LAW, AND ANY
OTHER SECTIONS OF THE AGRICULTURE AND MARKETS LAW RELATING TO  THE  CARE
OF PETS.
  2.  EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT INFOR-
MATION FOR THE SECRETARY OF STATE.
  S 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
RECORDS SHALL INCLUDE THE NAME AND ADDRESS OF THE  OWNER,  THE  SERVICES
PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
  2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
ONE  YEAR  FROM  THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO  ENFORCE
THE PROVISIONS OF THIS ARTICLE.
  S  542.  LICENSES.  1.  ANY  PERSON  INTENDING TO OWN OR OPERATE A PET
GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
BY THE SECRETARY OF STATE.
  2. THE SECRETARY OF STATE, IN COOPERATION AND  CONSULTATION  WITH  THE
DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A TRAINING
PROGRAM AND TESTING PROCEDURE FOR  APPLICANTS  INTERESTED  IN  OBTAINING
SUCH  LICENSE.   THE OBJECTIVES OF THE TRAINING AND EXAMINATION SHALL BE
TO ENSURE THE APPLICANTS HAVE SUFFICIENT SKILLS TO SAFEGUARD THE  HEALTH
AND  SAFETY  OF  THE  ANIMAL,  AND  TO  ENSURE  THAT THE APPLICANTS HAVE
ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
THE PROGRAM SHALL BE AVAILABLE BOTH ONLINE AND  ON-SITE,  AND  SHALL  BE
HELD  AT  LEAST  QUARTERLY  BY THE STATE OR AN AUTHORITY APPROVED BY THE
SECRETARY OF STATE.
  3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
SEES. SUCH RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION,  SUSPENSION  OF
LICENSE AND REVOCATION.
  4.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT  LEAST  SIXTEEN  YEARS  OF
AGE.
  5.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
ISSUE  SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A FORTY
DOLLAR ANNUAL REGISTRATION FEE.
  6. A LICENSED PET GROOMER MAY EMPLOY INDIVIDUALS,  UNDER  HIS  OR  HER
DIRECT  SUPERVISION.  A  LICENSED PET GROOMER MUST BE ON PREMISES AT ALL
TIMES. THE NAME OF THE PERSON IN CHARGE OF  ANY  PET  GROOMING  FACILITY
SHALL  BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE LICENSE
OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
  S 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY  OF
STATE  MAY  DECLINE  TO  GRANT  OR RENEW, OR MAY SUSPEND OR REVOKE A PET

S. 5098--A                          3

GROOMER'S LICENSE FOR A FALSE STATEMENT AS TO A MATERIAL MATTER  IN  THE
APPLICATION  FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING OR
BUSINESS PRACTICES, OR FOR A VIOLATION OF ANY PROVISION OF THIS  LAW  OR
ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
  2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
SUSPENDING ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE  CESSA-
TION  OF  UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE DATE SET
FOR THE HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED  IN  WRIT-
ING,  OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES, OF
ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
  3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 544. INSPECTIONS. THE SECRETARY OF STATE OR HIS  OR  HER  AUTHORIZED
AGENTS  SHALL  BE AUTHORIZED TO JOINTLY COORDINATE WITH THE COMMISSIONER
OF AGRICULTURE AND MARKETS OR HIS OR HER AUTHORIZED  AGENTS  TO  INSPECT
PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
ARTICLE.    NOTHING  HEREIN SHALL LIMIT THE ABILITY OF THE DEPARTMENT OF
AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
MARKETS LAW AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO  CONDUCT  SUCH
INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
  S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
REFUSAL  OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS  A  CIVIL  OFFENSE,  FOR
WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE
HUNDRED DOLLARS FOR EACH VIOLATION MAY BE IMPOSED, PROVIDED HOWEVER  FOR
VIOLATIONS  NOT  AFFECTING THE HEALTH AND SAFETY OF A PERSON OR A PET AT
THE PET GROOMING FACILITY, THE SECRETARY OF STATE MAY ALLOW FOR  A  CURE
PERIOD  OR  OTHER  OPPORTUNITY  FOR  AMELIORATIVE ACTION, THE SUCCESSFUL
COMPLETION OF WHICH WILL PREVENT THE  IMPOSITION  OF  PENALTIES  ON  THE
PARTY  OR  PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF STATE SHALL
IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED PET GROOMER WHO WISHES TO
CONTEST THE IMPOSITION OF A PENALTY RELATED TO A CIVIL OFFENSE.
  2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
RETAINED BY THE LOCAL MUNICIPALITY.
  3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
OF THIS ARTICLE.
  S  546.  CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
YEAR FROM THE TIME REGULATIONS ARE  FINALIZED,  BUT  MUST,  WITHIN  SAID
YEAR,  MAKE  APPLICATION  FOR  A LICENSE AS PROVIDED IN THIS ARTICLE AND
WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE THEREAFTER.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law;  provided, however, that effective immediately the
addition, amendment or repeal of any rule or  regulation  necessary  for
the  implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.