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This entry was published on 2017-11-17
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SECTION 408
Exemption of certain entities from the definition of pet dealer; registration required
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 26-A
§ 408. Exemption of certain entities from the definition of pet
dealer; registration required. 1. Any person eligible for exemption from
the definition of pet dealer pursuant to paragraph (c) of subdivision
four of section four hundred of this article shall be registered by the
department pursuant to the provisions of this section. Such registration
shall be renewable annually and be accompanied by a fee of one hundred
dollars.

2. Application for registration as set forth in this section shall be
made annually to the commissioner on a form prescribed by the
commissioner. The applicant shall satisfy the commissioner of his or her
character and responsibility and shall set forth such information as the
commissioner shall require, including but not limited to the following:

(a) Proof of the applicant's tax exempt designation pursuant to
paragraph (3) of subsection (c) of section 501 of the federal Internal
Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
the federal Internal Revenue Code, as from time to time amended;

(b) Proof of the applicant's incorporation as a not-for-profit
organization in this state pursuant to the not-for-profit corporation
law, provided further that such organization is in good standing with
the attorney general and the department of state;

(c) Proof of the applicant's registration with the attorney general
pursuant to article seven-A of the executive law;

(d) The name of the applicant and the name or names under which the
applicant offers its services to the public, any name under which the
applicant has offered its services to the public during the past five
years, and whether the applicant has ever held a license issued pursuant
to this article;

(e) The address and telephone number of the applicant and for any
other premise owned or leased by such applicant's organization to carry
out the purposes for which it was incorporated and by which it may be
eligible for a licensing exemption pursuant to this section;

(f) The website and email address of the applicant;

(g) The number of animals taken in, adopted, placed into permanent or
temporary homes, or otherwise transferred into, out of, or within the
state by the applicant during the prior calendar year;

(h) The number of animals currently harbored by the applicant;

(i) The species of animal the applicant typically harbors for
adoption, placement or transfer;

(j) A description of facilities by which the applicant carries out the
purposes for which it was incorporated, including a statement regarding
whether the applicant harbors the animals in its care in its own
physical animal shelter or utilizes foster homes, commercial boarding
kennels or other arrangements; and

(k) A sworn statement, signed by the applicant, declaring eligibility
for a pet dealer licensing exemption pursuant to subdivision four of
section four hundred of this article.

3. Upon approval by the commissioner, the registration shall be issued
to the applicant and an exemption from the definition of pet dealer as
defined in section four hundred of this article shall be granted.
Written approval of such registration shall be provided to the applicant
by the commissioner and shall be accompanied by a pet dealer exemption
identification number, which shall be prominently displayed on the
registrant's websites and accompany such registrant's publications or
advertisements made available to the public following registration
approval.

4. The commissioner may deny any application for registration as set
forth in subdivisions one and two of this section or revoke any
registration already granted, after written notice to the applicant or
registrant and an opportunity to be heard, when:

(a) Any statement made on the application or to the commissioner found
to be false or misleading;

(b) The applicant or registrant, or an officer or director has failed
to comply with any of the provisions of this section or rules and
regulations promulgated pursuant to subdivision six of this section;

(c) The applicant or registrant, or an officer or director has been
convicted of a misdemeanor or felony animal cruelty offense by a court
of the United States or any state or territory thereof, without
subsequent pardon by the governor or other appropriate authority of the
state or jurisdiction in which such conviction occurred, or receipt of a
certificate of relief from disabilities or a certificate of good conduct
pursuant to article twenty-three of the correction law;

(d) The applicant or registrant is determined by the commissioner to
be in violation of the department's dog and cat importation regulations
pursuant to 1 NYCRR Part 65;

(e) The applicant or registrant is determined by the commissioner to
be in violation of section twenty-one hundred forty-one of the public
health law or any rule or regulation promulgated thereunder by the
commissioner of health; and

(f) The applicant or registrant, or an officer or director has been
responsible in whole or in part for any act on account of which an
application for registration may be denied or a registration cancelled
pursuant to the provisions of this article.

5. Any person receiving an exemption pursuant to this section shall be
subject to the provisions prescribed in subdivision two of section four
hundred six of this article for any violation of this section, provided
further that whenever there shall be a violation of this section,
application may be made by the attorney general in the name of the
people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this section, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this section has occurred, the court may impose a civil
penalty of not less than one hundred dollars and not more than one
thousand dollars. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.

6. The commissioner is hereby authorized to promulgate rules and
regulations concerning the application, registration and revocation
process described in this section.