S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5098--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 30, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
         printed to be committed to the Committee  on  Consumer  Protection  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee
       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 AN ANIMAL AS DEFINED BY  SUBDIVISION  FIVE  OF  SECTION
   16  THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   17    2.  "LICENSED  PET  GROOMER"  MEANS  AN  INDIVIDUAL, LICENSED AS A PET
   18  GROOMER WHO BATHES, BRUSHES, CLIPS OR STYLES A PET FOR FINANCIAL  REMUN-
   19  ERATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04855-06-5
       S. 5098--A                          2
    1    3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
    2  A LICENSED PET GROOMER AT THE GROOMING FACILITY.
    3    4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
    4  TY  WHERE  A  PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED, AND (I) PET
    5  GROOMING IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET
    6  GROOMING SERVICES ARE OFFERED WITHIN A RETAIL STORE.
    7    S 540. STANDARD OF CARE.  1.  THE  PRIMARY  CONCERN  OF  EVERY  PERSON
    8  LICENSED  PURSUANT  TO  THIS ARTICLE, AND THOSE WORKING UNDER THE SUPER-
    9  VISION OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET  IN
   10  THEIR  CARE.  PETS  SHALL  NOT  BE LEFT UNATTENDED WHILE AT THE GROOMING
   11  FACILITY. IN THE EVENT A PET IS LEFT UNATTENDED, THE PET SHALL  BE  KEPT
   12  IN  A  STRUCTURALLY SOUND, CLEAN CAGE. PETS SHALL BE CARED FOR ACCORDING
   13  TO THE MINIMUM STANDARDS OF SUBDIVISIONS ONE, TWO,  THREE  AND  FOUR  OF
   14  SECTION  FOUR  HUNDRED  ONE  OF THE AGRICULTURE AND MARKETS LAW, AND ANY
   15  OTHER SECTIONS OF THE AGRICULTURE AND MARKETS LAW RELATING TO  THE  CARE
   16  OF PETS.
   17    2.  EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT INFOR-
   18  MATION FOR THE SECRETARY OF STATE.
   19    S 541. RECORD KEEPING. 1. EACH PET GROOMER  SHALL  KEEP  AND  MAINTAIN
   20  RECORDS  REGARDING  EACH  ANIMAL  CARED FOR AND THE OWNER THEREOF.  SUCH
   21  RECORDS SHALL INCLUDE THE NAME AND ADDRESS OF THE  OWNER,  THE  SERVICES
   22  PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
   23    2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
   24  ONE  YEAR  FROM  THE DATE OF SERVICE. DURING NORMAL BUSINESS HOURS, SUCH
   25  RECORDS SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO  ENFORCE
   26  THE PROVISIONS OF THIS ARTICLE.
   27    S  542.  LICENSES.  1.  ANY  PERSON  INTENDING TO OWN OR OPERATE A PET
   28  GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
   29  BY THE SECRETARY OF STATE.
   30    2. THE SECRETARY OF STATE, IN COOPERATION AND  CONSULTATION  WITH  THE
   31  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A TRAINING
   32  PROGRAM AND TESTING PROCEDURE FOR  APPLICANTS  INTERESTED  IN  OBTAINING
   33  SUCH  LICENSE.   THE OBJECTIVES OF THE TRAINING AND EXAMINATION SHALL BE
   34  TO ENSURE THE APPLICANTS HAVE SUFFICIENT SKILLS TO SAFEGUARD THE  HEALTH
   35  AND  SAFETY  OF  THE  ANIMAL,  AND  TO  ENSURE  THAT THE APPLICANTS HAVE
   36  ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
   37  THE PROGRAM SHALL BE AVAILABLE BOTH ONLINE AND  ON-SITE,  AND  SHALL  BE
   38  HELD  AT  LEAST  QUARTERLY  BY THE STATE OR AN AUTHORITY APPROVED BY THE
   39  SECRETARY OF STATE.
   40    3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
   41  SEES. SUCH RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION,  SUSPENSION  OF
   42  LICENSE AND REVOCATION.
   43    4.  NO  INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR A PET
   44  GROOMER'S LICENSE UNLESS SUCH APPLICANT IS AT  LEAST  SIXTEEN  YEARS  OF
   45  AGE.
   46    5.  IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS COMPLETED
   47  THE TRAINING AND PASSED THE EXAMINATION, THE SECRETARY  OF  STATE  SHALL
   48  ISSUE  SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A FORTY
   49  DOLLAR ANNUAL REGISTRATION FEE.
   50    6. A LICENSED PET GROOMER MAY EMPLOY INDIVIDUALS,  UNDER  HIS  OR  HER
   51  DIRECT  SUPERVISION.  A  LICENSED PET GROOMER MUST BE ON PREMISES AT ALL
   52  TIMES. THE NAME OF THE PERSON IN CHARGE OF  ANY  PET  GROOMING  FACILITY
   53  SHALL  BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE LICENSE
   54  OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   55    S 543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY  OF
   56  STATE  MAY  DECLINE  TO  GRANT  OR RENEW, OR MAY SUSPEND OR REVOKE A PET
       S. 5098--A                          3
    1  GROOMER'S LICENSE FOR A FALSE STATEMENT AS TO A MATERIAL MATTER  IN  THE
    2  APPLICATION  FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING OR
    3  BUSINESS PRACTICES, OR FOR A VIOLATION OF ANY PROVISION OF THIS  LAW  OR
    4  ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
    5    2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
    6  SUSPENDING ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE  CESSA-
    7  TION  OF  UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE DATE SET
    8  FOR THE HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED  IN  WRIT-
    9  ING,  OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES, OF
   10  ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
   11  IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
   12  ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
   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. THE SECRETARY OF STATE OR HIS  OR  HER  AUTHORIZED
   17  AGENTS  SHALL  BE AUTHORIZED TO JOINTLY COORDINATE WITH THE COMMISSIONER
   18  OF AGRICULTURE AND MARKETS OR HIS OR HER AUTHORIZED  AGENTS  TO  INSPECT
   19  PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
   20  ARTICLE.    NOTHING  HEREIN SHALL LIMIT THE ABILITY OF THE DEPARTMENT OF
   21  AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
   22  MARKETS LAW AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO  CONDUCT  SUCH
   23  INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
   24  MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
   25    S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
   26  REFUSAL  OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
   27  ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS  A  CIVIL  OFFENSE,  FOR
   28  WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE
   29  HUNDRED DOLLARS FOR EACH VIOLATION MAY BE IMPOSED, PROVIDED HOWEVER  FOR
   30  VIOLATIONS  NOT  AFFECTING THE HEALTH AND SAFETY OF A PERSON OR A PET AT
   31  THE PET GROOMING FACILITY, THE SECRETARY OF STATE MAY ALLOW FOR  A  CURE
   32  PERIOD  OR  OTHER  OPPORTUNITY  FOR  AMELIORATIVE ACTION, THE SUCCESSFUL
   33  COMPLETION OF WHICH WILL PREVENT THE  IMPOSITION  OF  PENALTIES  ON  THE
   34  PARTY  OR  PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF STATE SHALL
   35  IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED PET GROOMER WHO WISHES TO
   36  CONTEST THE IMPOSITION OF A PENALTY RELATED TO A CIVIL OFFENSE.
   37    2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
   38  SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
   39  STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
   40  RETAINED BY THE LOCAL MUNICIPALITY.
   41    3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
   42  MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
   43  ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
   44  GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
   45  OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
   46  OF THIS ARTICLE.
   47    S  546.  CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
   48  THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
   49  YEAR FROM THE TIME REGULATIONS ARE  FINALIZED,  BUT  MUST,  WITHIN  SAID
   50  YEAR,  MAKE  APPLICATION  FOR  A LICENSE AS PROVIDED IN THIS ARTICLE AND
   51  WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE THEREAFTER.
   52    S 2. This act shall take effect on the ninetieth day  after  it  shall
   53  have  become  a  law;  provided, however, that effective immediately the
   54  addition, amendment or repeal of any rule or  regulation  necessary  for
   55  the  implementation of this act on its effective date are authorized and
   56  directed to be made and completed on or before such effective date.