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This entry was published on 2014-09-22
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SECTION 403
Licenses
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 26-A
§ 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 dollars, except that those pet dealers
who engage in the sale of less than twenty-five animals in a year, shall
pay a nonrefundable fee of twenty-five 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.