* § 421. License required and inspection of facilities. 1. Any person
eligible for exemption from the definition of pet dealer pursuant to
paragraphs (b) and (c) of subdivision four of section four hundred of
this chapter shall be licensed by the department pursuant to the
provisions of this section. Notwithstanding the foregoing, any person,
operating an animal shelter on or before the effective date of this
section, who has filed an application for an initial license under this
article is hereby authorized to operate without such license until the
commissioner grants or, after notice of an opportunity to be heard,
declines to grant such license. Each application for license shall be
made on a form supplied by the department and shall contain such
information as required by the commissioner. Renewal applications shall
be submitted to the commissioner at least thirty days prior to the
commencement of the next license year.

2. Application for licensure as set forth in this section shall be
made annually to the commissioner on a form prescribed by the
commissioner. Such form shall include but not be limited to the
following information, provided however that paragraphs (a), (b) and (c)
of this subdivision shall not apply to municipal pounds or shelters as
defined in paragraph (b) of subdivision four of section four hundred of
this chapter:

(a) Proof of the applicant's tax exempt designation pursuant to
paragraph 3 of subsection (c) of section 501 of the federal Internal
Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
the federal Internal Revenue Code, as from time to time amended;

(b) Proof of the applicant's incorporation as a not-for-profit
organization in this state pursuant to the not-for-profit corporation
law, provided further that such organization is in good standing with
the attorney general and the department of state;

(c) Proof of the applicant's registration with the attorney general
pursuant to article seven-A of the executive law;

(d) If the applicant is a municipal pound or shelter as defined in
paragraph (b) of subdivision four of section four hundred of this
chapter, a copy of the applicant's employer identification number;

(e) The name of the applicant and the name or names under which the
applicant offers its services to the public, any name under which the
applicant has offered such services to the public during the past five
years, and whether the applicant has ever held a pet dealer license
issued pursuant to article twenty-six-A of this chapter;

(f) The address and telephone number of the applicant and for any
other premises owned or leased by such applicant's organization to carry
out the purposes for which it was incorporated and by which it is
eligible for a licensing exemption pursuant to paragraphs (b) and (c) of
subdivision four of section four hundred of this chapter;

(g) The website and email address of the applicant;

(h) The number of animals taken in, adopted, placed into permanent or
temporary homes, or otherwise transferred into, out of, or within the
state by the applicant during the prior calendar year;

(i) The number of animals currently harbored by the applicant;

(j) The species of animal the applicant typically harbors for
adoption, placement or transfer;

(k) A description of facilities by which the applicant carries out the
purposes for which it was incorporated, including a statement regarding
whether the applicant harbors the animals in its care in its own
physical animal shelter or utilizes foster care provider homes,
commercial boarding kennels or other arrangements;

(l) A sworn statement, signed by the applicant, declaring an exemption
from the definition of pet dealer pursuant to section four hundred of
this chapter;

(m) Current training protocol and procedural practices as prescribed
pursuant to sections four hundred twenty-two and four hundred
twenty-three of this article; and

(n) Other information as deemed necessary to satisfy the commissioner
of the applicant's character and responsibility.

3. The commissioner shall conduct an inspection of the applicant's
facilities prior to the issuance of a license pursuant to this section,
and annual inspections of the applicant's facilities licensed pursuant
to this section prior to renewal of such license. The commissioner may
periodically conduct unannounced inspections of such facilities, and
whenever, in the discretion of the commissioner, a complaint warrants
such investigation. Animal shelters licensed pursuant to this section
shall provide open hours to the commissioner so that inspections can
occur in a timely manner. Renewal of an animal shelter license shall not
be granted until all outstanding violations issued pursuant to this
article are corrected and any outstanding monetary penalties assessed
pursuant to this article are paid in full.

4. Upon validation by the commissioner, the application shall become
the license of the animal shelter and an exemption from the definition
of pet dealer as defined in section four hundred of this chapter shall
be granted. The commissioner shall retain a copy of such license and
provide a copy of the license to the animal shelter. Animal shelters
licensed pursuant to this section shall conspicuously display their
license on the premises where its animals are harbored. The commissioner
shall also provide the licensee with a pet dealer exemption
identification number. The licensee's pet dealer exemption
identification number shall be prominently displayed on the licensee's
websites and any publications or advertisements made available to the
public.

5. Such license shall be renewable annually, upon the payment of a
nonrefundable fee of one hundred fifty dollars.

6. The moneys received by the commissioner pursuant to this section
shall be deposited in the "animal shelter regulation fund" established
pursuant to section ninety-nine-pp of the state finance law.

7. The commissioner may decline to grant or renew, or may suspend or
revoke an animal shelter license, on any one or more of the following
grounds, provided that before any of the aforementioned actions are
taken pursuant to this section, the commissioner shall hold a hearing,
upon due notice to the licensee in accordance with any regulations
promulgated by the department and in accordance with articles three and
four of the state administrative procedure act, and provided further
that any action of the commissioner is subject to judicial review in a
proceeding under article seventy-eight of the civil practice law and
rules:

(a) material misstatement in the license application;

(b) material misstatement in or falsification of records required to
be kept pursuant to this article, or under any regulation promulgated
thereunder, or failure to allow the commissioner to inspect records of
animal shelter facilities;

(c) violation of any provision of this article or conviction of a
violation of any provision of article twenty-six of this chapter or
regulations promulgated thereunder pertaining to humane treatment of
animals, cruelty to animals, endangering the life or health of an
animal, or violation of any federal, state, or local law pertaining to
the care, treatment, sale, possession, or handling of animals or any
regulation or rule relating to the endangerment of the life or health of
an animal;

(d) failure to comply with any of the provisions of this article or
the licensing exemption requirements of section four hundred of this
chapter; 1 NYCRR Part 65 regarding the importation of dogs and cats;
section twenty-one hundred forty-one of the public health law or any
rule or regulation promulgated thereunder; or any rule or regulation
promulgated by the commissioner following the effective date of this
article to effectuate the purposes of this article;

(e) failure to renew a license within the period prescribed in
subdivision one of this section; or

(f) the applicant or registrant was previously licensed as a pet
dealer pursuant to article twenty-six-A of this chapter.

* NB Effective December 15, 2025