S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1451
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced  by  M.  of  A.  PAULIN,  COOK, ZEBROWSKI, HOOPER, McDONOUGH,
         ROSENTHAL -- Multi-Sponsored by -- M. of A. DINOWITZ, PERRY, ROBINSON,
         SKARTADOS, TITONE -- read  once  and  referred  to  the  Committee  on
         Economic Development
       AN  ACT  to amend the general business law, in relation to the licensing
         and regulation of pet groomers
         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 AND REGULATION OF PET GROOMERS
    5  SECTION 539. DEFINITIONS.
    6          540. STANDARD OF CARE.
    7          541. RECORD KEEPING.
    8          542. LICENSES.
    9          543. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
   10          544. INSPECTIONS.
   11          545. VIOLATIONS.
   12          546. CURRENT PRACTITIONERS.
   13    S 539. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
   14  HAVE THE FOLLOWING MEANINGS:
   15    1.  "PET"  MEANS  ANY  ANIMAL  PLACED IN THE CARE OF A PET GROOMER FOR
   16  GROOMING OR STYLING.
   17    2. "PET GROOMER" MEANS AN INDIVIDUAL, LICENSED AS A  PET  GROOMER  WHO
   18  BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL REMUNERATION.
   19    3.  "PET  GROOMING  FACILITY" MEANS A COMMERCIAL ESTABLISHMENT WHERE A
   20  PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04855-01-5
       A. 1451                             2
    1    S 540. STANDARD OF CARE.  1.  THE  PRIMARY  CONCERN  OF  EVERY  PERSON
    2  LICENSED  PURSUANT TO THIS ARTICLE SHALL BE THE SAFETY AND WELL-BEING OF
    3  THE PET IN THEIR CARE. PETS NOT IN THE GROOMING PROCESS SHALL BE KEPT IN
    4  STRUCTURALLY SOUND CLEAN CAGES. SUCH ENCLOSURES SHALL BE IN GOOD  REPAIR
    5  AND  LARGE  ENOUGH TO ALLOW EACH PET TO MAKE NORMAL POSTURAL ADJUSTMENTS
    6  SUCH AS SITTING, STANDING AND TURNING AROUND. EACH PET  SHALL  BE  CAGED
    7  SEPARATELY.
    8    2.  OUTDOOR  FACILITIES  SHALL  NOT  BE UTILIZED IN INCLEMENT WEATHER.
    9  INDOOR FACILITIES SHALL BE MAINTAINED AT A  HEALTHY  TEMPERATURE.  THERE
   10  SHALL  BE  SUFFICIENT  LIGHTING  TO FACILITATE CLEANING OF BOTH PETS AND
   11  FACILITIES.  SANITARY CONDITIONS SHALL BE MAINTAINED AT ALL TIMES.
   12    3. UPON RECEIVING A PET FOR GROOMING, THE GROOMER SHALL INQUIRE AS  TO
   13  THE PET'S VETERINARIAN AND ANY SPECIAL NEEDS OF SUCH PET. ADEQUATE WATER
   14  SUPPLY SHALL BE AVAILABLE FOR DRINKING AS WELL AS BATHING.
   15    4.  EVERY  LOCATION  WHERE  PETS ARE GROOMED SHALL DISPLAY A TELEPHONE
   16  NUMBER OF THE STATE BUREAU OR OFFICE WHERE  THE  PET'S  OWNER  MAY  MAKE
   17  KNOWN THEIR FEELINGS REGARDING THE SERVICES RECEIVED AT THE PET GROOMING
   18  FACILITY.
   19    5.  PETS  SHALL NOT BE LEFT UNATTENDED WHILE AT THE GROOMING FACILITY,
   20  AND A DRYING CAGE SHALL NEVER BE USED.
   21    6. EVERY PERSON LICENSED AS A PET GROOMER SHALL PROVE TO THE SATISFAC-
   22  TION OF THE SECRETARY OF STATE OR A  REPRESENTATIVE  THEREOF  THAT  SUCH
   23  PERSON IS INSURED COVERING THEIR LIABILITY FOR NEGLIGENT ACTS ASSOCIATED
   24  WITH THEIR ACTIVITY AS A PET GROOMER.
   25    S  541.  RECORD  KEEPING.  1. EACH PET GROOMER SHALL KEEP AND MAINTAIN
   26  RECORDS REGARDING EACH ANIMAL CARED FOR AND THE  OWNER  THEREOF.    SUCH
   27  RECORDS  SHALL  INCLUDE  THE  NAME  AND  ADDRESS OF THE OWNER, THE PET'S
   28  VETERINARIAN AND THE DATE OF PROVIDING SERVICE.
   29    2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR  A  PERIOD  OF  TWO
   30  YEARS  FROM  THE  DATE  OF  SERVICE.  DURING NORMAL BUSINESS HOURS, SUCH
   31  RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO  ENFORCE
   32  THE PROVISIONS OF THIS ARTICLE.
   33    S 542. LICENSES. 1. THE SECRETARY OF STATE SHALL ESTABLISH A BUREAU OR
   34  OFFICE  FOR THE LICENSING OF INDIVIDUALS AS PET GROOMERS. SUCH BUREAU OR
   35  OFFICE SHALL HAVE BRANCHES LOCATED IN VARIOUS  AREAS  OF  THE  STATE  IN
   36  SUFFICIENT  NUMBER  TO  MEET  THE NEEDS OF THE PEOPLE OF THE STATE.  THE
   37  SECRETARY OF STATE, IN COOPERATION AND CONSULTATION WITH  THE  EDUCATION
   38  AND  HEALTH  DEPARTMENTS, SHALL ESTABLISH A TRAINING PROGRAM AND TESTING
   39  PROCEDURE FOR APPLICANTS INTERESTED IN OBTAINING SUCH LICENSE.
   40    2. THE BUREAU OR OFFICE SHALL CREATE AND MAINTAIN A ROSTER  OF  LICEN-
   41  SEES  BASED  ON  INFORMATION OBTAINED FROM APPLICANTS AND THE RESULTS OF
   42  THEIR TRAINING AND  TESTING.  SUCH  RECORD  SHALL  INCLUDE  DISCIPLINARY
   43  ACTION, SUSPENSION OF LICENSE AND REVOCATION.
   44    3.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
   45  GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT  LEAST  SIXTEEN  YEARS  OF
   46  AGE, IS OF GOOD MORAL CHARACTER AND HAS COMPLETED AT LEAST A TENTH GRADE
   47  EDUCATION.
   48    4.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
   49  THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
   50  ISSUE SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A TWENTY
   51  DOLLAR  BIENNIAL  REGISTRATION  FEE. AN APPLICANT WHO HAS NOT PASSED THE
   52  EXAMINATION BUT WHO IS OTHERWISE QUALIFIED, MAY CONTINUE TO TAKE FURTHER
   53  EXAMINATIONS UPON PAYMENT OF A  TEN  DOLLAR  FEE  FOR  EACH  EXAMINATION
   54  TAKEN.
   55    5.  A  LICENSED  PET  GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
   56  DIRECT SUPERVISION, WHO ARE IN TRAINING FOR THE PET  GROOMER'S  EXAMINA-
       A. 1451                             3
    1  TION.  THE  NAME  OF  THE  PERSON IN CHARGE OF ANY PET GROOMING FACILITY
    2  SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE  LICENSE
    3  OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
    4    S  543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY OF
    5  STATE MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND  OR  REVOKE  A  PET
    6  GROOMER'S  LICENSE  FOR  A  MATERIAL MISSTATEMENT IN THE APPLICATION FOR
    7  SUCH LICENSE, FOR IMPROPER RECORD KEEPING OR BUSINESS PRACTICES OR FOR A
    8  VIOLATION OF ANY PROVISION OF LAW RELATING TO THE  HUMANE  TREATMENT  OF
    9  ANIMALS.
   10    2.  PRIOR TO SUSPENSION OR REVOCATION OF A LICENSE AND UPON DUE NOTICE
   11  TO THE LICENSEE, A HEARING SHALL BE HELD AS PROVIDED IN  ARTICLES  THREE
   12  AND FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
   13    3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
   14  BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
   15  TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   16    S 544. INSPECTIONS. 1. THE SECRETARY OF STATE OR HIS OR HER AUTHORIZED
   17  AGENTS  SHALL  MAKE  YEARLY  INSPECTIONS  OF  PET GROOMING FACILITIES TO
   18  ENSURE COMPLIANCE WITH THE PROVISIONS  OF  THIS  ARTICLE.  AUTHORITY  TO
   19  CONDUCT  SUCH  INSPECTIONS  AND  REPORT  THEREON MAY BE DELEGATED BY THE
   20  SECRETARY OF STATE TO A COUNTY, CITY OR TOWN.
   21    2. ANY PERSON MAKING SUCH INSPECTIONS SHALL BE FIRST PROVIDED TRAINING
   22  IN THE PROVISIONS OF THIS ARTICLE AND THE PROPER CARE OF PETS IN  GENER-
   23  AL.
   24    S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
   25  REFUSAL  OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
   26  ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS  A  CIVIL  OFFENSE,  FOR
   27  WHICH  A  PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN ONE
   28  THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.
   29    2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
   30  SECRETARY  OF  STATE AND BY ANY COUNTY, CITY OR TOWN TO WHICH THE SECRE-
   31  TARY OF STATE HAS DELEGATED AUTHORITY. MONEYS COLLECTED THEREUNDER SHALL
   32  BE RETAINED BY THE LOCAL MUNICIPALITY.
   33    S 546. CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET  GROOMING  ON
   34  THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
   35  YEAR  FROM SUCH DATE, BUT MUST, WITHIN SAID YEAR, MAKE APPLICATION FOR A
   36  LICENSE AS  PROVIDED  IN  THIS  ARTICLE  AND  WILL  BE  SUBJECT  TO  THE
   37  PROVISIONS OF THIS ARTICLE THEREAFTER.
   38    S  2.  This  act shall take effect on the ninetieth day after it shall
   39  have become a law; provided, however,  that  effective  immediately  the
   40  addition,  amendment  or  repeal of any rule or regulation necessary for
   41  the implementation of this act on its effective date are authorized  and
   42  directed to be made and completed on or before such effective date.