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This entry was published on 2014-09-22
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Denial, revocation and suspension of licenses
Agriculture & Markets (AGM) CHAPTER 69, ARTICLE 5-A
§ 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