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The department may promulgate rules as may be necessary for the purpose of implementing and carrying out the provisions of this subchapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
Any owner or operator of a boarding kennel, business or establishment that violates any provision of this subchapter shall be liable for a civil penalty of two hundred and fifty dollars for each violation. A proceeding to recover any such civil penalty shall be commenced by the service of a notice of violation which shall be returnable to the administrative tribunal established by the department. Such tribunal shall have the power to impose civil penalties prescribed by this section.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2005/067.
Subchapter 9: Pet Shops
As used in this subchapter, the following terms have the following meanings:
Arm’s length transaction. The term “arm’s length transaction” means a sale of a business for consideration that reflects the fair market value of such business or its assets, between 2 informed and willing parties, that is not made, wholly or in part, for the purpose of enabling the seller to avoid liability for violations issued by the department. A sale shall be presumed not to be an arm's length transaction if it is:
1. A sale to an individual, or to a corporation or other business that is owned by the spouse, domestic partner, parent, grandparent, child or stepchild of any of the sellers, or is the direct descendent of a grandparent, the spouse or domestic partner of any of the sellers;
2. A sale to an individual or entity that has a business or financial interest in the seller; or
3. A sale to an entity in which any of the sellers has a business or financial relationship.
Permit. The term “permit” means a written license and authorization to carry on specified activities as regulated by this subchapter or other applicable law enforced by the department.
Permittee. The term “permittee” means a natural person or other entity who holds a valid permit issued by the commissioner pursuant to this subchapter or other applicable law enforced by the department.
Pet shop. The term “pet shop” means a facility other than an animal shelter, as such term is defined in section 17-802, where live animals are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit. Such definition shall not include duly incorporated humane societies dedicated to the care of unwanted animals that make such animals available for adoption, whether or not a fee for such adoption is charged.
(L.L. 2015/005, 1/17/2015, eff. 6/1/2015; Am. L.L. 2015/053, 6/2/2015, eff. 6/1/2015; Am. L.L. 2024/132, 12/21/2024, retro. eff. 12/15/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
a. No person shall operate a pet shop without a permit issued by the commissioner pursuant to this subchapter.
b. Operating a business or conducting an activity regulated by this subchapter without the permit therefor is hereby declared a nuisance.
1. No person may operate a business or conduct an activity regulated by this subchapter without the permit required by this subchapter.
2. No person may allow the operation of a business or the conduct of an activity regulated by this subchapter in any property owned by such person unless the person operating such business or conducting such activity has a permit as required by this section.
3. When the department determines that a business or activity regulated by this subchapter is being operated or conducted without the permit required by this section, the commissioner or his or her designee may order the person operating the business or conducting the activity to cease and desist from such business or activity. The department may also order the person who owns the premises in which the business is operated or activity is conducted to take whatever action may be necessary to prohibit such business or activity from continuing on such premises.
4. If the business or activity ordered to cease and desist continues without the required permit, the commissioner or his or her designee may, after providing an opportunity for the person operating such business or conducting such activity to be heard at the environmental control board or any tribunal established wi hin the office of administrative trials and hearings as designated by the commissioner, take any measure authorized by applicable law to enforce an order to cease and desist. Such measures may include, but are not limited to, ordering and arranging for the premises to be sealed and padlocked.
5. If the commissioner determines that exigent circumstances exist such that the continued operation of the business or activity would pose an danger to the public or the health and welfare of the animals in the custody of the business, the commissioner may take any measure authorized by applicable law to enforce an order to cease and desist, subject to a prompt post-enforcement hearing at the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.
(L.L. 2015/005, 1/17/2015, eff. 1/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
a. An application for a permit required pursuant to section 17-372 of this title or for the renewal of such a permit shall be made and submitted on forms furnished by the department.
b. The applicant shall be eighteen years of age or older.
c. The application shall contain all information required by the department. If the applicant for the permit is a sole proprietorship, the application shall be signed by the individual who would be the permittee. If the applicant is a partnership, the application shall be signed by a partner. If the applicant is a limited partnership, the application shall be signed by the managing or general partner. If the applicant is a corporation, the application shall be signed by an officer or director of the corporation or by any member, if management is vested in members. If the applicant is a limited liability company, the application shall be signed by any manager of the limited liability company. Such signature shall constitute an agreement that the permittee assumes responsibility for the conduct of the business, occupation or other activity concerned in accordance with the requirements of this subchapter or other applicable law.
d. In addition to the following information, the application shall be accompanied by such other information, evidence or documentation as the department may require or as may be provided for in this subchapter or other applicable law or rule applicable to the department. The application shall, at a minimum, include:
1. The name, age, gender, residence and business address, and telephone numbers of the applicant, each member of the partnership, limited liability company or group, and each officer of the corporation, as applicable;
2. To the extent that such information is relevant to the conduct of the business, trade, occupation or other activity under permit, information concerning the applicant, its individual members or officers, relating to education, training or experience, moral character, physical health, addiction to alcohol or habit-forming drugs, history of prior criminal conviction, including violations and offenses, history of mental illness, and record of insolvency or bankruptcy;
3. Proof of current workers' compensation and disability benefits insurance coverage for all employees, or of a certificate of exemption filed with the workers' compensation board;
4. The e-mail address of (i) the individual owner of the business, (ii) the person exercising daily management and control of the business, or (iii) the person who is authorized by law to accept service of process on behalf of the applicant; and
5. [Reserved.]
6. Any information that the department determines may be necessary in order to contact the permittee in the event of an emergency.
e. The commissioner shall not issue or renew a permit unless department records show there are no finally determined uncorrected violations or unpaid outstanding fines, penalties or forfeitures imposed by any court, administrative tribunal established within the office of administrative trials and hearings or administrative tribunal established in accordance with the administrative code or the charter, which are due and payable by the applicant or the permittee.
f. The commissioner shall not issue a new permit or renewal of an existing permit to any person listed on the animal abuse registry created pursuant to chapter sixteen of this title.
g. The commissioner shall not issue a new permit to any entity based on a sale or change of ownership of a permitted business or activity regulated by laws or rules enforced by the department, where department or other records show any finally determined uncorrected violations or unpaid fines and penalties, unless the applicant submits proof satisfactory to the department that the transfer of the business was the result of an arm's length transaction. Such proof shall consist of documents showing that:
1. The applicant has assumed complete management, control and operation of the permitted business or activity from the prior permittee;
2. The applicant has paid market value consideration for the material assets of the permitted business; and
3. Neither the applicant nor any member or officer of a partnership or corporation is related by blood or marriage to the owner(s) or manager(s) of the entity holding the permit prior to the transfer of the permitted business.
The commissioner's denial of an application pursuant to this subdivision shall be a final agency determination not subject to administrative appeal.
h. The acceptance of an application and fee for a new permit or the renewal of a permit shall not preclude the commissioner from taking any action that he or she deems necessary, including, but not limited to, the denial of a new permit or renewal permit if department or other investigatory or pre-permit inspections disclose conditions or circumstances indicating that a permit should not be issued or renewed. If an application for a new permit or renewal of an existing permit is denied, the application fee shall not be refunded.
(L.L. 2015/005, 1/17/2015, eff. 1/1/2016; Am. L.L. 2015/053, 6/2/2015, eff. 1/1/2016; Am. L.L. 2024/132, 12/21/2024, retro. eff. 12/15/2024)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
a. An application for a permit or for the renewal thereof shall be accompanied by the payment of a fee of three hundred dollars. Permits shall expire biennially and be eligible for renewal.
b. If a permit application is made when more than one-half of the fee period has expired, one-half of the prescribed fee shall be paid. This requirement shall not apply, however, if application is being made for renewal of a permit which has expired.
c. The fees provided for herein shall be reduced by the amount of any fee paid for a permit to operate a pet shop pursuant to the New York city health code within the same fee period.
(L.L. 2015/005, 1/17/2015, eff. 1/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
Any purported or attempted transfer of a permit to a person not named therein as permittee or any change in the place of business stated in a permit shall void such permit. When a permit is issued to two or more individuals, to a partnership or to a group other than a partnership, and one or more of the individuals concerned ceases to be active in the conduct of the business or activity or otherwise ceases to be a permittee, the commissioner may approve in writing the continuation of the business or activity by the remaining permittees during the unexpired period of such permit. The permittee shall notify the department in writing within ten business days of any change in the owner(s), officers, directors, shareholders, partners or members of a permitted entity that is owned by a sole proprietor, or that is a closely held corporation or small limited liability company, or a partnership, consisting of fewer than five shareholders, members or partners, who directly operate and manage the business, and serve as directors or officers of the corporation, with no outside investors. Notice of such changes shall not be required if the permittee is a publicly held corporation or limited liability company whose shareholders or members do not manage or control the entity or participate in its business activities.
(L.L. 2015/005, 1/17/2015, eff. 1/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
a. A person holding a permit, including the officers and directors of a corporation holding a permit, shall comply with the conditions contained in his or her permit as well as all applicable provisions of the New York city health code, administrative code or other law or rule enforced by the department.
b. A person holding a permit, including the officers and directors of a corporation holding a permit, shall be jointly and severally liable for violations of the conditions of the permit or of the New York city health code, administrative code or other applicable law enforced by the department that are committed by employees or agents of the person or corporation when such acts are committed in the regular course of the permitted business of such person or corporation, or on the premises subject to the permit, or in the course of using the permit.
(L.L. 2015/005, 1/17/2015, eff. 1/1/2016)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
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