§ 17-378 Permit suspension and revocation.

   a.   In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or this title, the rules promulgated thereunder, or the New York city health code, the commissioner, after due notice and an opportunity to be heard by the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner, may suspend or revoke a pet shop permit upon the occurrence of any one or more of the following conditions:

      1.   Willful or continued violation of the provisions of title seventeen of this code, the rules promulgated thereunder or the New York city health code, or for such other reason as the commissioner determines, is sufficient grounds for suspension or revocation;

      2.   The giving or offering to an employee or agent of the department or other government agency, engaged in carrying out an inspection, survey or examination or in the performance of any other duty for the department or such agency, a gift, gratuity, benefit, favor or bribe, including but not limited to money, food, or drink;

      3.   Submission or display by a permittee of a forged document or other document that contains false or misleading statements, or making a false or misleading statement to the department; or

      4.   Poor moral character that adversely reflects on the permittee's fitness to conduct work regulated by this title.

   b.   Notwithstanding subdivision a of this section, if the commissioner determines that exigent circumstances exist such that the continued operation of a permittee's pet shop would pose a danger to the public or the health and welfare of the animals in the permittee's custody, the commissioner may suspend such permittee's permit subject to a prompt post-suspension hearing before the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.

   c.   Following a hearing required pursuant to this section and the receipt of a copy of the report and recommendations of the tribunal before which such hearing was held, the commissioner may take such action as may be necessary, adopting all or part of the report and recommendations, and may issue an order revoking the permit, further suspending the permit, or reinstating the permit subject to whatever conditions the commissioner deems necessary for the continued safe operation of the permitted business.

   d.   All permits revoked pursuant to this section or in accordance with other applicable law shall be surrendered to the department upon receipt of the order. Permits or licenses that are not surrendered in accordance with this section may be seized by any authorized employee or agent of the department or officer of the police department.

(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.

§ 17-379 Denial of issuance or renewal, suspension and revocation; when effective; service of order or notice.

   a.   Effective date. The action of the commissioner denying issuance or renewal of a permit, or suspending or revoking a permit, shall become final five days after service of an order or other notice thereof, exclusive of the day of service, on the applicant or permittee concerned.

   b.   Service of an order or notice shall be made as follows:

      1.   Enclosing the order or notice in a postpaid envelope directed to the applicant or permittee at the address listed in the application or permit and depositing such envelope at a United States post office or in a mail box or mail chute maintained by the United States post office; or,

      2.   Leaving the order or notice with the applicant or permittee or, if the permittee is not an individual, with a member of the partnership or other group concerned or with an officer of the corporation; or,

      3.   Posting the order or notice at the entrance door of the premises listed in the application or 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.

§ 17-380 Forfeiture and seizure.

   a.   The commissioner or his or her designee may seize any animal in a pet shop operating without a permit required pursuant to section 17-372 of this subchapter.

   b.   Any animal in a pet shop operating without a permit required pursuant to section 17-372 of this subchapter or seized pursuant to subdivision a of this section shall be subject to forfeiture upon notice and hearing.

   c.   The commissioner shall provide for the appropriate disposition of each animal seized pursuant to this section. Such disposition may include impoundment at an animal shelter or animal rescue group as such terms are defined in section 17-802 of chapter eight of this title.

   d.   The commissioner may impose upon the owner of a pet shop from which an animal is seized pursuant to this section a fee representing expenses incurred in connection with impounding such animal.

(L.L. 2015/005, 1/17/2015, eff. 1/1/2016; Am. L.L. 2015/053, 6/2/2015, eff. 1/1/2016)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.

§ 17-381 Penalties.

   a.   Any person found in violation of any provision of this subchapter, other than subdivision b of section 17-377, or any provision of any rule promulgated thereunder shall be subject to a civil penalty of five hundred dollars per day for each such violation. Each violation in connection with the sale of more than one animal shall be deemed a separate violation with respect to each animal offered for sale. A notice of violation served pursuant to this section shall be returnable at the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner.

   b.   Any person found in violation of subdivision b of section 17-377 or any provision of any rule promulgated thereunder shall be subject to a civil penalty of one hundred dollars per day for each such violation.

   c.   Any person that violates subdivision b of section 17-377 or any rule promulgated thereunder shall not be subject to a civil penalty for a first-time violation if such person proves to the satisfaction of the department, within seven days of the issuance of the notice of violation and prior to the commencement of an adjudication of the violation, that the violation has been cured. The submission of proof of a cure, if accepted by the department as proof that the violation has been cured, shall be deemed an admission of liability for all purposes. The option of presenting proof that the violation has been cured shall be offered as part of any settlement offer made by the department to a person who has received, for the first time, a notice of violation of subdivision b of section 17-377 or any rules promulgated thereunder. The department shall permit such proof to be submitted electronically or in person. A person may seek review, in the office of administrative trials and hearings, of the determination that the person has not submitted proof of a cure within 15 days of receiving written notification of such determination.

(L.L. 2015/005, 1/17/2015, eff. 1/1/2016; Am. L.L. 2021/080, 7/18/2021, eff. 1/14/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005 and L.L. 2021/080.

§ 17-382 Rules.

The commissioner may promulgate such rules and prescribe such forms as are necessary to carry out the provisions of this subchapter.

(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.