§ 421 — License required and inspection of facilities

§ 421. License required and inspection of facilities. 1. Any person\neligible for exemption from the definition of pet dealer pursuant to\nparagraphs (b) and (c) of subdivision four of section four hundred of\nthis chapter shall be licensed by the department pursuant to the\nprovisions of this section. Notwithstanding the foregoing, any person,\noperating an animal shelter on or before the effective date of this\nsection, who has filed an application for an initial license under this\narticle is hereby authorized to operate without such license until the\ncommissioner grants or, after notice of an opportunity to be heard,\ndeclines to grant such license. Each application for license shall be\nmade on a form supplied by the department and shall contain such\ninformation as required by the commissioner. Renewal applications shall\nbe submitted to the commissioner at least thirty days prior to the\ncommencement of the next license year.\n 2. Application for licensure as set forth in this section shall be\nmade annually to the commissioner on a form prescribed by the\ncommissioner. Such form shall include but not be limited to the\nfollowing information, provided however that paragraphs (a), (b) and (c)\nof this subdivision shall not apply to municipal pounds or shelters as\ndefined in paragraph (b) of subdivision four of section four hundred of\nthis chapter:\n (a) Proof of the applicant's tax exempt designation pursuant to\nparagraph 3 of subsection (c) of section 501 of the federal Internal\nRevenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of\nthe federal Internal Revenue Code, as from time to time amended;\n (b) Proof of the applicant's incorporation as a not-for-profit\norganization in this state pursuant to the not-for-profit corporation\nlaw, provided further that such organization is in good standing with\nthe attorney general and the department of state;\n (c) Proof of the applicant's registration with the attorney general\npursuant to article seven-A of the executive law;\n (d) If the applicant is a municipal pound or shelter as defined in\nparagraph (b) of subdivision four of section four hundred of this\nchapter, a copy of the applicant's employer identification number;\n (e) The name of the applicant and the name or names under which the\napplicant offers its services to the public, any name under which the\napplicant has offered such services to the public during the past five\nyears, and whether the applicant has ever held a pet dealer license\nissued pursuant to article twenty-six-A of this chapter;\n (f) The address and telephone number of the applicant and for any\nother premises owned or leased by such applicant's organization to carry\nout the purposes for which it was incorporated and by which it is\neligible for a licensing exemption pursuant to paragraphs (b) and (c) of\nsubdivision four of section four hundred of this chapter;\n (g) The website and email address of the applicant;\n (h) The number of animals taken in, adopted, placed into permanent or\ntemporary homes, or otherwise transferred into, out of, or within the\nstate by the applicant during the prior calendar year;\n (i) The number of animals currently harbored by the applicant;\n (j) The species of animal the applicant typically harbors for\nadoption, placement or transfer;\n (k) A description of facilities by which the applicant carries out the\npurposes for which it was incorporated, including a statement regarding\nwhether the applicant harbors the animals in its care in its own\nphysical animal shelter or utilizes foster care provider homes,\ncommercial boarding kennels or other arrangements;\n (l) A sworn statement, signed by the applicant, declaring an exemption\nfrom the definition of pet dealer pursuant to section four hundred of\nthis chapter;\n (m) Current training protocol and procedural practices as prescribed\npursuant to sections four hundred twenty-two and four hundred\ntwenty-three of this article; and\n (n) Other information as deemed necessary to satisfy the commissioner\nof the applicant's character and responsibility.\n 3. The commissioner shall conduct an inspection of the applicant's\nfacilities prior to the issuance of a license pursuant to this section,\nand annual inspections of the applicant's facilities licensed pursuant\nto this section prior to renewal of such license. The commissioner may\nperiodically conduct unannounced inspections of such facilities, and\nwhenever, in the discretion of the commissioner, a complaint warrants\nsuch investigation. Animal shelters licensed pursuant to this section\nshall provide open hours to the commissioner so that inspections can\noccur in a timely manner. Renewal of an animal shelter license shall not\nbe granted until all outstanding violations issued pursuant to this\narticle are corrected and any outstanding monetary penalties assessed\npursuant to this article are paid in full.\n 4. Upon validation by the commissioner, the application shall become\nthe license of the animal shelter and an exemption from the definition\nof pet dealer as defined in section four hundred of this chapter shall\nbe granted. The commissioner shall retain a copy of such license and\nprovide a copy of the license to the animal shelter. Animal shelters\nlicensed pursuant to this section shall conspicuously display their\nlicense on the premises where its animals are harbored. The commissioner\nshall also provide the licensee with a pet dealer exemption\nidentification number. The licensee's pet dealer exemption\nidentification number shall be prominently displayed on the licensee's\nwebsites and any publications or advertisements made available to the\npublic.\n 5. Such license shall be renewable annually, upon the payment of a\nnonrefundable fee of one hundred fifty dollars.\n 6. The moneys received by the commissioner pursuant to this section\nshall be deposited in the "animal shelter regulation fund" established\npursuant to section ninety-nine-pp of the state finance law.\n 7. The commissioner may decline to grant or renew, or may suspend or\nrevoke an animal shelter license, on any one or more of the following\ngrounds, provided that before any of the aforementioned actions are\ntaken pursuant to this section, the commissioner shall hold a hearing,\nupon due notice to the licensee in accordance with any regulations\npromulgated by the department and in accordance with articles three and\nfour of the state administrative procedure act, and provided further\nthat any action of the commissioner is subject to judicial review in a\nproceeding under article seventy-eight of the civil practice law and\nrules:\n (a) material misstatement in the license application;\n (b) material misstatement in or falsification of records required to\nbe kept pursuant to this article, or under any regulation promulgated\nthereunder, or failure to allow the commissioner to inspect records of\nanimal shelter facilities;\n (c) violation of any provision of this article or conviction of a\nviolation of any provision of article twenty-six of this chapter or\nregulations promulgated thereunder pertaining to humane treatment of\nanimals, cruelty to animals, endangering the life or health of an\nanimal, or violation of any federal, state, or local law pertaining to\nthe care, treatment, sale, possession, or handling of animals or any\nregulation or rule relating to the endangerment of the life or health of\nan animal;\n (d) failure to comply with any of the provisions of this article or\nthe licensing exemption requirements of section four hundred of this\nchapter; 1 NYCRR Part 65 regarding the importation of dogs and cats;\nsection twenty-one hundred forty-one of the public health law or any\nrule or regulation promulgated thereunder; or any rule or regulation\npromulgated by the commissioner following the effective date of this\narticle to effectuate the purposes of this article;\n (e) failure to renew a license within the period prescribed in\nsubdivision one of this section; or\n (f) the applicant or registrant was previously licensed as a pet\ndealer pursuant to article twenty-six-A of this chapter.\n