§ 96-F — Denial, revocation and suspension of licenses

§ 96-f. Denial, revocation and suspension of licenses. 1. The exposure\nof meat, fowl or meat food product to insects, live animals or injurious\ncontamination, or the slaughter, possession or sale of unwholesome meat,\nor the slaughtering, butchering, possession or sale of the fur, hair,\nskin or flesh of a domesticated dog (canis familiaris) or domesticated\ncat (felis catus or domesticus) shall be cause for the denial of an\napplication for license, or the revocation or suspension of a license\nalready granted. Any such denial, revocation or suspension may be\nreviewed by a proceeding instituted under article seventy-eight of the\ncivil practice law and rules.\n 2. After due notice and opportunity to be heard, the license issued to\nany person, firm, partnership or corporation to operate any place or\nestablishment where animals or fowls are slaughtered or butchered for\nfood pursuant to subdivision one of this section shall be revoked upon\nestablishing failure of three consecutive inspections. Nothing in this\nsubdivision shall prohibit the commissioner from taking licensing action\nprior to failure of three consecutive inspections.\n 3. Each licensee shall post a copy of the date and results of its most\nrecent sanitary inspection by the department in a conspicuous location\nnear each public entrance, as prescribed by the commissioner. Such\ncopies shall also be made available to the public upon request. Any\nlicensee that violates the provisions of this subdivision shall be\nsubject to a penalty of five hundred dollars for each day of violation.\n 4. In addition to any other grounds established by this article for\nthe denial, revocation and suspension of licenses, the commissioner may\ndecline to grant a new license, may decline to renew a license, or may\nsuspend or revoke a license after due notice and opportunity for hearing\nwhenever he or she finds that:\n (a) any statement contained in an application for license is or was\nfalse or misleading;\n (b) the establishment does not have facilities or equipment sufficient\nto maintain adequate sanitation for the activities conducted;\n (c) the establishment is not maintained in a clean and sanitary\ncondition or is not operated in a sanitary or proper manner;\n (d) the maintenance and operation of the establishment is such that\nthe product produced therein is or may be adulterated;\n (e) the establishment has failed or refused to produce any records or\nprovide any information demanded by the commissioner reasonably related\nto the administration and enforcement of this article;\n (f) the applicant or licensee, or an officer, director, partner,\nholder of ten percent of the voting stock, or any other person\nexercising any position of management or control has failed to comply\nwith any of the provisions of this chapter or rules and regulations\npromulgated pursuant thereto; or\n (g) any person including the applicant or licensee, or an officer,\ndirector, partner or any stockholder, exercising any position of\nmanagement or control has been convicted of a felony in any court of the\nUnited States or any state or territory and that there is a direct\nrelationship between that felony and the license sought or held by the\nindividual.\n