STATE OF NEW YORK ________________________________________________________________________ 2718 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The general business law is amended by adding a new article 2 29-CCC to read as follows: 3 ARTICLE 29-CCC 4 LICENSING OF PET GROOMING FACILITIES 5 Section 539. Definitions. 6 540. Standard of care. 7 541. Record keeping. 8 542. License required. 9 543. License refusal, suspension or revocation. 10 544. Inspections. 11 545. Violations. 12 § 539. Definitions. As used in this article, the following terms shall 13 have the following meanings: 14 1. "Pet" means an animal as defined by subdivision five of section 15 three hundred fifty of the agriculture and markets law. 16 2. "Pet grooming facility" means a business permanently operating in 17 New York state, including mobile facilities, where a pet may be bathed, 18 dried, brushed, clipped or styled, and (i) pet grooming is the estab- 19 lishment's predominant source of sales, or (ii) pet grooming services 20 are offered within a retail store. A pet grooming facility shall not 21 include any self-service pet grooming facilities, including but not 22 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. LBD05713-01-3A. 2718 2 1 ancillary to the primary business of the facility or businesses that 2 provide customers with pet grooming equipment and/or supplies for 3 customers to use to groom their own personal pets and employees at such 4 self-service pet grooming facilities only provide assistance demonstrat- 5 ing how to operate equipment properly and safely. If a self-service pet 6 grooming facility also offers pet grooming services, then such facility 7 shall be considered a pet grooming facility. For purposes of this 8 section, locations used for temporary events, such as pet shows and 9 exhibitions, are not considered a pet grooming facility. Further, a pet 10 grooming facility shall not include a home-based breeder as defined by 11 paragraph (a) of subdivision four of section four hundred of the agri- 12 culture and markets law. 13 § 540. Standard of care. 1. The primary concern of every pet grooming 14 facility licensed pursuant to this article, shall be the safety and 15 well-being of the pets in their care. No pet shall be left unaccompanied 16 while restrained or unrestrained on a grooming table, in a bathing area 17 or in a dryer. Pets shall be cared for according to the minimum stand- 18 ards of subdivisions one, two, three and four of section four hundred 19 one of the agriculture and markets law, and any other sections of the 20 agriculture and markets law relating to the care of pets. 21 2. Every pet grooming facility where pets are groomed shall display 22 contact information for the secretary of state and a copy of their 23 license as required by section five hundred forty-two of this article. 24 § 541. Record keeping. 1. Each pet grooming facility shall keep and 25 maintain records regarding each animal cared for and the owner thereof. 26 Such records shall include the name, contact number, and address of the 27 owner, the services provided, and the date such services were provided. 28 Further, each pet grooming facility shall request from pet owners proof 29 of annual vaccinations and a record of any known medical issues, condi- 30 tions or injuries for each pet groomed. 31 2. Records for each animal shall be maintained for a minimum period of 32 one year from the date of service. During normal business hours, such 33 records shall be made available to persons authorized by law to enforce 34 the provisions of this article. 35 § 542. License required. 1. Any person intending to own or operate a 36 pet grooming facility as defined in this article shall hold a license 37 issued by the secretary of state as required by this article. 38 2. The secretary of state, in cooperation and consultation with the 39 department of agriculture and markets, shall adopt such rules and 40 regulations not inconsistent with the provisions of this article, as 41 may be necessary with respect to the form and content of applications 42 for licenses, the reception thereof, the investigation of applicants, 43 and the other matters incidental or appropriate to the powers and 44 duties of the secretary of state as prescribed by this article and 45 for the proper administration and enforcement of the provisions of this 46 article. Such rules and regulations shall also ensure that applicants 47 for licenses have sufficient skills to safeguard the health and safety 48 of the animals in their care. 49 3. The secretary of state shall create and maintain an online roster 50 of licensees. Such record shall include disciplinary action, suspension 51 of license and revocation. 52 4. (a) If the applicant provides the necessary business information, 53 then the secretary of state shall issue such applicant a license as a 54 licensed pet grooming facility upon payment of a forty dollar annual 55 registration fee. At minimum, each licensee shall provide: 56 (i) the name of the pet grooming facility;A. 2718 3 1 (ii) the principal address, contact number, and names of all the 2 owners of the business; and 3 (iii) any other information that the department of state deems neces- 4 sary and appropriate. 5 (b) The department of state shall provide each pet grooming facility 6 which has complied with the license requirements as provided for in 7 this article with an identification card, which shall have an iden- 8 tification number and expiration date. 9 5. A licensed pet grooming facility shall display its license in a 10 conspicuous place in such facility. 11 § 543. License refusal, suspension or revocation. 1. The secretary of 12 state may decline to grant or renew, or may suspend or revoke a pet 13 grooming facility's license for a false statement as to a material 14 matter in the application for such license, for persistent improper 15 record keeping or business practices, or for a violation of any 16 provision of this law or any law relating to the humane treatment of 17 animals. 18 2. The secretary of state shall conduct a hearing before revoking or 19 suspending any license or before issuing any order directing the cessa- 20 tion of unauthorized activities. At least ten days prior to the date set 21 for the hearing, the holder of such license shall be notified in writing 22 of any charges made and shall afford such person an opportunity to be 23 heard in person or by counsel in reference hereto. The hearing on such 24 charges shall be at such time and place as the department of state shall 25 prescribe. Any pet grooming facility whose license is revoked, denied, 26 or suspended may reapply after demonstrating to the secretary of state 27 their ability to provide for the humane and appropriate care and safety 28 of pets in their care. 29 3. Any action of the secretary of state pursuant to this section shall 30 be subject to judicial review in a proceeding pursuant to article seven- 31 ty-eight of the civil practice law and rules. 32 § 544. Inspections. The secretary of state or his or her authorized 33 agents shall be authorized to jointly coordinate with the commissioner 34 of agriculture and markets or his or her authorized agents to inspect 35 pet grooming facilities to ensure compliance with the provisions of this 36 article or if a complaint warrants such inspection. Nothing herein 37 shall limit the ability of the department of agriculture and markets to 38 enforce the provisions of the agriculture and markets law as applicable 39 to such facility. Authority to conduct such inspections to enforce the 40 provisions of this article and report thereon may be delegated by the 41 secretary of state to a municipality. 42 § 545. Violations. 1. In addition to denial, revocation, suspension or 43 refusal of renewal of a license, as otherwise provided in this article, 44 any violation of a provision of this article is a civil offense, for 45 which a penalty of not less than one hundred dollars nor more than five 46 hundred dollars for each violation may be imposed, provided however for 47 violations not affecting the health and safety of a person or a pet at 48 the pet grooming facility, the secretary of state may allow for a cure 49 period or other opportunity for ameliorative action, the successful 50 completion of which will prevent the imposition of penalties on the 51 party or parties subject to enforcement. The secretary of state shall 52 implement an appeals process for such licensed pet grooming facility who 53 wishes to contest the imposition of a penalty related to a civil 54 offense. 55 2. The provisions of this article may be concurrently enforced by the 56 secretary of state and by any municipality to which the secretary ofA. 2718 4 1 state has delegated authority. Moneys collected thereunder shall be 2 retained by the local municipality. 3 3. Nothing in this article shall be construed to limit or restrict any 4 municipality with a population of one million or more from enacting or 5 enforcing a local law, rule, regulation or ordinance governing pet 6 groomers, provided however, that any such local law, rule, regulation, 7 or ordinance shall be no less stringent than the applicable provisions 8 of this article. 9 § 2. This act shall take effect on the one hundred eightieth day after 10 it shall have become a law. Effective immediately, the addition, amend- 11 ment and/or repeal of any rule or regulation necessary for the implemen- 12 tation of this act on its effective date are authorized to be made and 13 completed on or before such effective date.