S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2718
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to amend the general business law, in relation to the licensing
   of pet grooming facilities
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new article
 29-CCC to read as follows:
 
                              ARTICLE 29-CCC
                    LICENSING OF PET GROOMING FACILITIES
 
 SECTION 539. DEFINITIONS.
         540. STANDARD OF CARE.
         541. RECORD KEEPING.
         542. LICENSE REQUIRED.
         543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
         544. INSPECTIONS.
         545. VIOLATIONS.
 
   § 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "PET"  MEANS  AN  ANIMAL AS DEFINED BY SUBDIVISION FIVE OF SECTION
 THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   2. "PET GROOMING FACILITY" MEANS A BUSINESS PERMANENTLY  OPERATING  IN
 NEW  YORK STATE, INCLUDING MOBILE FACILITIES, WHERE A PET MAY BE BATHED,
 DRIED, BRUSHED, CLIPPED OR STYLED, AND (I) PET GROOMING  IS  THE  ESTAB-
 LISHMENT'S  PREDOMINANT  SOURCE  OF SALES, OR (II) PET GROOMING SERVICES
 ARE OFFERED WITHIN A RETAIL STORE.  A PET GROOMING  FACILITY  SHALL  NOT
 INCLUDE  ANY  SELF-SERVICE  PET  GROOMING  FACILITIES, INCLUDING BUT NOT
 LIMITED TO BUSINESSES SUCH AS CAR WASH FACILITIES WHERE PET GROOMING  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05713-01-3
              

 A. 2718                             2
 
 ANCILLARY  TO  THE  PRIMARY  BUSINESS OF THE FACILITY OR BUSINESSES THAT
 PROVIDE CUSTOMERS  WITH  PET  GROOMING  EQUIPMENT  AND/OR  SUPPLIES  FOR
 CUSTOMERS  TO USE TO GROOM THEIR OWN PERSONAL PETS AND EMPLOYEES AT SUCH
 SELF-SERVICE PET GROOMING FACILITIES ONLY PROVIDE ASSISTANCE DEMONSTRAT-
 ING  HOW TO OPERATE EQUIPMENT PROPERLY AND SAFELY. IF A SELF-SERVICE PET
 GROOMING FACILITY ALSO OFFERS PET GROOMING SERVICES, THEN SUCH  FACILITY
 SHALL  BE  CONSIDERED  A  PET  GROOMING  FACILITY.  FOR PURPOSES OF THIS
 SECTION, LOCATIONS USED FOR TEMPORARY EVENTS,  SUCH  AS  PET  SHOWS  AND
 EXHIBITIONS,  ARE NOT CONSIDERED A PET GROOMING FACILITY. FURTHER, A PET
 GROOMING FACILITY SHALL NOT INCLUDE A HOME-BASED BREEDER AS  DEFINED  BY
 PARAGRAPH  (A)  OF SUBDIVISION FOUR OF SECTION FOUR HUNDRED OF THE AGRI-
 CULTURE AND MARKETS LAW.
   § 540. STANDARD OF CARE. 1. THE PRIMARY CONCERN OF EVERY PET  GROOMING
 FACILITY  LICENSED  PURSUANT  TO  THIS  ARTICLE, SHALL BE THE SAFETY AND
 WELL-BEING OF THE PETS IN THEIR CARE. NO PET SHALL BE LEFT UNACCOMPANIED
 WHILE RESTRAINED OR UNRESTRAINED ON A GROOMING TABLE, IN A BATHING  AREA
 OR  IN  A DRYER. PETS SHALL BE CARED FOR ACCORDING TO THE MINIMUM STAND-
 ARDS OF SUBDIVISIONS ONE, TWO, THREE AND FOUR OF  SECTION  FOUR  HUNDRED
 ONE  OF  THE  AGRICULTURE AND MARKETS LAW, AND ANY OTHER SECTIONS OF THE
 AGRICULTURE AND MARKETS LAW RELATING TO THE CARE OF PETS.
   2. EVERY PET GROOMING FACILITY WHERE PETS ARE  GROOMED  SHALL  DISPLAY
 CONTACT  INFORMATION  FOR  THE  SECRETARY  OF  STATE AND A COPY OF THEIR
 LICENSE AS REQUIRED BY SECTION FIVE HUNDRED FORTY-TWO OF THIS ARTICLE.
   § 541. RECORD KEEPING. 1. EACH PET GROOMING FACILITY  SHALL  KEEP  AND
 MAINTAIN  RECORDS REGARDING EACH ANIMAL CARED FOR AND THE OWNER THEREOF.
 SUCH RECORDS SHALL INCLUDE THE NAME, CONTACT NUMBER, AND ADDRESS OF  THE
 OWNER,  THE SERVICES PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
 FURTHER, EACH PET GROOMING FACILITY SHALL REQUEST FROM PET OWNERS  PROOF
 OF  ANNUAL VACCINATIONS AND A RECORD OF ANY KNOWN MEDICAL ISSUES, CONDI-
 TIONS OR INJURIES FOR EACH PET GROOMED.
   2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
 ONE YEAR FROM THE DATE OF SERVICE. DURING NORMAL  BUSINESS  HOURS,  SUCH
 RECORDS  SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
 THE PROVISIONS OF THIS ARTICLE.
   § 542. LICENSE REQUIRED. 1. ANY PERSON INTENDING TO OWN OR  OPERATE  A
 PET  GROOMING  FACILITY  AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE
 ISSUED BY THE SECRETARY OF STATE AS REQUIRED BY THIS ARTICLE.
   2. THE SECRETARY OF STATE, IN COOPERATION AND  CONSULTATION  WITH  THE
 DEPARTMENT  OF  AGRICULTURE  AND MARKETS, SHALL ADOPT   SUCH  RULES  AND
 REGULATIONS  NOT  INCONSISTENT  WITH  THE PROVISIONS OF THIS ARTICLE, AS
 MAY BE NECESSARY WITH RESPECT TO THE FORM AND   CONTENT OF  APPLICATIONS
 FOR  LICENSES,  THE  RECEPTION THEREOF, THE INVESTIGATION OF APPLICANTS,
 AND THE OTHER MATTERS  INCIDENTAL  OR  APPROPRIATE  TO  THE  POWERS  AND
 DUTIES  OF  THE SECRETARY    OF STATE AS  PRESCRIBED BY THIS ARTICLE AND
 FOR THE PROPER ADMINISTRATION AND ENFORCEMENT OF THE PROVISIONS OF  THIS
 ARTICLE.  SUCH  RULES  AND REGULATIONS SHALL ALSO ENSURE THAT APPLICANTS
 FOR LICENSES HAVE SUFFICIENT SKILLS TO SAFEGUARD THE HEALTH  AND  SAFETY
 OF  THE  ANIMALS IN THEIR CARE.
   3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN AN  ONLINE  ROSTER
 OF  LICENSEES. SUCH RECORD SHALL INCLUDE DISCIPLINARY ACTION, SUSPENSION
 OF LICENSE AND REVOCATION.
   4. (A) IF THE APPLICANT PROVIDES THE NECESSARY  BUSINESS  INFORMATION,
 THEN  THE  SECRETARY  OF STATE SHALL ISSUE SUCH APPLICANT A LICENSE AS A
 LICENSED PET GROOMING FACILITY UPON PAYMENT OF  A  FORTY  DOLLAR  ANNUAL
 REGISTRATION FEE. AT MINIMUM, EACH LICENSEE SHALL PROVIDE:
   (I) THE NAME OF THE PET GROOMING FACILITY;
 A. 2718                             3
 
   (II)  THE  PRINCIPAL  ADDRESS,  CONTACT  NUMBER,  AND NAMES OF ALL THE
 OWNERS OF THE BUSINESS; AND
   (III)  ANY OTHER INFORMATION THAT THE DEPARTMENT OF STATE DEEMS NECES-
 SARY AND APPROPRIATE.
   (B) THE DEPARTMENT OF STATE SHALL PROVIDE EACH PET  GROOMING  FACILITY
 WHICH  HAS COMPLIED WITH THE LICENSE REQUIREMENTS  AS  PROVIDED  FOR  IN
 THIS ARTICLE WITH AN IDENTIFICATION CARD,  WHICH  SHALL   HAVE AN  IDEN-
 TIFICATION NUMBER AND EXPIRATION DATE.
   5.  A  LICENSED  PET  GROOMING FACILITY SHALL DISPLAY ITS LICENSE IN A
 CONSPICUOUS PLACE IN SUCH FACILITY.
   § 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY  OF
 STATE  MAY  DECLINE  TO  GRANT  OR RENEW, OR MAY SUSPEND OR REVOKE A PET
 GROOMING FACILITY'S LICENSE FOR A  FALSE  STATEMENT  AS  TO  A  MATERIAL
 MATTER  IN  THE  APPLICATION  FOR  SUCH LICENSE, FOR PERSISTENT IMPROPER
 RECORD KEEPING  OR  BUSINESS  PRACTICES,  OR  FOR  A  VIOLATION  OF  ANY
 PROVISION  OF  THIS  LAW  OR ANY LAW RELATING TO THE HUMANE TREATMENT OF
 ANIMALS.
   2. THE SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE  REVOKING  OR
 SUSPENDING  ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE CESSA-
 TION OF UNAUTHORIZED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE DATE SET
 FOR THE HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED IN WRITING
 OF ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN  OPPORTUNITY  TO  BE
 HEARD  IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH
 CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT OF STATE SHALL
 PRESCRIBE. ANY PET GROOMING FACILITY WHOSE LICENSE IS  REVOKED,  DENIED,
 OR  SUSPENDED  MAY REAPPLY AFTER DEMONSTRATING TO THE SECRETARY OF STATE
 THEIR ABILITY TO PROVIDE FOR THE HUMANE AND APPROPRIATE CARE AND  SAFETY
 OF PETS IN THEIR CARE.
   3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
 BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
 TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   §  544.  INSPECTIONS.  THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
 AGENTS SHALL BE AUTHORIZED TO JOINTLY COORDINATE WITH  THE  COMMISSIONER
 OF  AGRICULTURE  AND  MARKETS OR HIS OR HER AUTHORIZED AGENTS TO INSPECT
 PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
 ARTICLE OR IF A COMPLAINT WARRANTS  SUCH  INSPECTION.    NOTHING  HEREIN
 SHALL  LIMIT THE ABILITY OF THE DEPARTMENT OF AGRICULTURE AND MARKETS TO
 ENFORCE THE PROVISIONS OF THE AGRICULTURE AND MARKETS LAW AS  APPLICABLE
 TO  SUCH FACILITY.  AUTHORITY TO CONDUCT SUCH INSPECTIONS TO ENFORCE THE
 PROVISIONS OF THIS ARTICLE AND REPORT THEREON MAY BE  DELEGATED  BY  THE
 SECRETARY OF STATE TO A MUNICIPALITY.
   § 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
 REFUSAL  OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
 ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS  A  CIVIL  OFFENSE,  FOR
 WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE
 HUNDRED DOLLARS FOR EACH VIOLATION MAY BE IMPOSED, PROVIDED HOWEVER  FOR
 VIOLATIONS  NOT  AFFECTING THE HEALTH AND SAFETY OF A PERSON OR A PET AT
 THE PET GROOMING FACILITY, THE SECRETARY OF STATE MAY ALLOW FOR  A  CURE
 PERIOD  OR  OTHER  OPPORTUNITY  FOR  AMELIORATIVE ACTION, THE SUCCESSFUL
 COMPLETION OF WHICH WILL PREVENT THE  IMPOSITION  OF  PENALTIES  ON  THE
 PARTY  OR  PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF STATE SHALL
 IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED PET GROOMING FACILITY WHO
 WISHES TO CONTEST THE  IMPOSITION  OF  A  PENALTY  RELATED  TO  A  CIVIL
 OFFENSE.
   2.  THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY THE
 SECRETARY OF STATE AND BY ANY MUNICIPALITY TO  WHICH  THE  SECRETARY  OF
 A. 2718                             4
 
 STATE  HAS  DELEGATED  AUTHORITY.  MONEYS  COLLECTED THEREUNDER SHALL BE
 RETAINED BY THE LOCAL MUNICIPALITY.
   3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
 ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
 GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
 OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
 OF THIS ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.  Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.