S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5098
                              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
       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.
   20    3. "PET GROOMER" MEANS AN INDIVIDUAL, WORKING UNDER THE SUPERVISION OF
   21  A LICENSED PET GROOMER AT THE GROOMING FACILITY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04855-04-5
       S. 5098                             2
    1    4. "PET GROOMING FACILITY" MEANS A BUSINESS INCLUDING A MOBILE FACILI-
    2  TY  WHERE  A  PET MAY BE BATHED, BRUSHED, CLIPPED OR STYLED, AND (I) PET
    3  GROOMING IS THE ESTABLISHMENT'S PREDOMINANT SOURCE OF SALES, OR (II) PET
    4  GROOMING SERVICES ARE OFFERED WITHIN A RETAIL STORE.
    5    S  540.  STANDARD  OF  CARE.  1.  THE  PRIMARY CONCERN OF EVERY PERSON
    6  LICENSED PURSUANT TO THIS ARTICLE, AND THOSE WORKING  UNDER  THE  SUPER-
    7  VISION  OF SUCH PERSON, SHALL BE THE SAFETY AND WELL-BEING OF THE PET IN
    8  THEIR CARE. PETS SHALL NOT BE LEFT  UNATTENDED  WHILE  AT  THE  GROOMING
    9  FACILITY.  IN  THE EVENT A PET IS LEFT UNATTENDED, THE PET SHALL BE KEPT
   10  IN A STRUCTURALLY SOUND, CLEAN CAGE. PETS SHALL BE CARED  FOR  ACCORDING
   11  TO  THE  MINIMUM  STANDARDS  OF SUBDIVISIONS ONE, TWO, THREE AND FOUR OF
   12  SECTION FOUR HUNDRED ONE OF THE AGRICULTURE AND  MARKETS  LAW,  AND  ANY
   13  OTHER  SECTIONS  OF THE AGRICULTURE AND MARKETS LAW RELATING TO THE CARE
   14  OF PETS.
   15    2. EVERY LOCATION WHERE PETS ARE GROOMED SHALL DISPLAY CONTACT  INFOR-
   16  MATION FOR THE SECRETARY OF STATE.
   17    S  541.  RECORD  KEEPING.  1. EACH PET GROOMER SHALL KEEP AND MAINTAIN
   18  RECORDS REGARDING EACH ANIMAL CARED FOR AND THE  OWNER  THEREOF.    SUCH
   19  RECORDS  SHALL  INCLUDE  THE NAME AND ADDRESS OF THE OWNER, THE SERVICES
   20  PROVIDED, AND THE DATE SUCH SERVICES WERE PROVIDED.
   21    2. RECORDS FOR EACH ANIMAL SHALL BE MAINTAINED FOR A MINIMUM PERIOD OF
   22  ONE YEAR FROM THE DATE OF SERVICE. DURING NORMAL  BUSINESS  HOURS,  SUCH
   23  RECORDS  SHALL BE MADE AVAILABLE TO PERSONS AUTHORIZED BY LAW TO ENFORCE
   24  THE PROVISIONS OF THIS ARTICLE.
   25    S 542. LICENSES. 1. ANY PERSON INTENDING  TO  OWN  OR  OPERATE  A  PET
   26  GROOMING BUSINESS AS DEFINED IN THIS ARTICLE SHALL HOLD A LICENSE ISSUED
   27  BY THE SECRETARY OF STATE.
   28    2.  THE  SECRETARY  OF STATE, IN COOPERATION AND CONSULTATION WITH THE
   29  DEPARTMENT OF  AGRICULTURE  AND  MARKETS,  SHALL  ESTABLISH  A  TRAINING
   30  PROGRAM  AND  TESTING  PROCEDURE  FOR APPLICANTS INTERESTED IN OBTAINING
   31  SUCH LICENSE.  THE OBJECTIVES OF THE TRAINING AND EXAMINATION  SHALL  BE
   32  TO  ENSURE THE APPLICANTS HAVE SUFFICIENT SKILLS TO SAFEGUARD THE HEALTH
   33  AND SAFETY OF THE  ANIMAL,  AND  TO  ENSURE  THAT  THE  APPLICANTS  HAVE
   34  ATTAINED ADEQUATE LEVELS OF SKILL TO COMPETENTLY ENGAGE IN PET GROOMING.
   35  THE  PROGRAM  SHALL  BE  AVAILABLE BOTH ONLINE AND ON-SITE, AND SHALL BE
   36  HELD AT LEAST QUARTERLY BY THE STATE OR AN  AUTHORITY  APPROVED  BY  THE
   37  SECRETARY OF STATE.
   38    3. THE SECRETARY OF STATE SHALL CREATE AND MAINTAIN A ROSTER OF LICEN-
   39  SEES.  SUCH  RECORD  SHALL  INCLUDE  DISCIPLINARY  ACTION, SUSPENSION OF
   40  LICENSE AND REVOCATION.
   41    4. NO INDIVIDUAL SHALL BE PERMITTED TO TAKE AN EXAMINATION FOR  A  PET
   42  GROOMER'S  LICENSE  UNLESS  SUCH  APPLICANT IS AT LEAST SIXTEEN YEARS OF
   43  AGE.
   44    5. IF THE APPLICANT MEETS THE NECESSARY QUALIFICATIONS, HAS  COMPLETED
   45  THE  TRAINING  AND  PASSED THE EXAMINATION, THE SECRETARY OF STATE SHALL
   46  ISSUE SUCH APPLICANT A LICENSE AS A PET GROOMER UPON PAYMENT OF A  FORTY
   47  DOLLAR ANNUAL REGISTRATION FEE.
   48    6.  A  LICENSED  PET  GROOMER MAY EMPLOY INDIVIDUALS, UNDER HIS OR HER
   49  DIRECT SUPERVISION. A LICENSED PET GROOMER MUST BE ON  PREMISES  AT  ALL
   50  TIMES.  THE  NAME  OF  THE PERSON IN CHARGE OF ANY PET GROOMING FACILITY
   51  SHALL BE POSTED IN A CONSPICUOUS PLACE IN SUCH FACILITY AND THE  LICENSE
   52  OF SUCH PERSON SHALL BE PROMINENTLY DISPLAYED.
   53    S  543. LICENSE REFUSAL, SUSPENSION OR REVOCATION. 1. THE SECRETARY OF
   54  STATE MAY DECLINE TO GRANT OR RENEW, OR MAY  SUSPEND  OR  REVOKE  A  PET
   55  GROOMER'S  LICENSE  FOR  A  FALSE STATEMENT AS TO MATERIAL MATTER IN THE
   56  APPLICATION FOR SUCH LICENSE, FOR PERSISTENT IMPROPER RECORD KEEPING  OR
       S. 5098                             3
    1  BUSINESS  PRACTICES,  OR FOR A VIOLATION OF ANY PROVISION OF THIS LAW OR
    2  ANY LAW RELATING TO THE HUMANE TREATMENT OF ANIMALS.
    3    2.  THE  SECRETARY OF STATE SHALL CONDUCT A HEARING BEFORE REVOKING OR
    4  SUSPENDING ANY LICENSE OR BEFORE ISSUING ANY ORDER DIRECTING THE  CESSA-
    5  TION  OF  UNLICENSED ACTIVITIES. AT LEAST TEN DAYS PRIOR TO THE DATE SET
    6  FOR THE HEARING, THE HOLDER OF SUCH LICENSE SHALL BE NOTIFIED  IN  WRIT-
    7  ING,  OR THE PERSON ALLEGED TO HAVE ENGAGED IN UNLICENSED ACTIVITIES, OF
    8  ANY CHARGES MADE AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD
    9  IN PERSON OR BY COUNSEL IN REFERENCE HERETO.  THE HEARING ON SUCH CHARG-
   10  ES SHALL BE AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
   11    3. ANY ACTION OF THE SECRETARY OF STATE PURSUANT TO THIS SECTION SHALL
   12  BE SUBJECT TO JUDICIAL REVIEW IN A PROCEEDING PURSUANT TO ARTICLE SEVEN-
   13  TY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
   14    S 544. INSPECTIONS. THE SECRETARY OF STATE OR HIS  OR  HER  AUTHORIZED
   15  AGENTS  SHALL  BE AUTHORIZED TO JOINTLY COORDINATE WITH THE COMMISSIONER
   16  OF AGRICULTURE AND MARKETS OR HIS OR HER AUTHORIZED  AGENTS  TO  INSPECT
   17  PET GROOMING FACILITIES TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS
   18  ARTICLE.    NOTHING  HEREIN SHALL LIMIT THE ABILITY OF THE DEPARTMENT OF
   19  AGRICULTURE AND MARKETS TO ENFORCE THE PROVISIONS OF THE AGRICULTURE AND
   20  MARKETS LAW AS APPLICABLE TO SUCH FACILITY.  AUTHORITY TO  CONDUCT  SUCH
   21  INSPECTIONS TO ENFORCE THE PROVISIONS OF THIS ARTICLE AND REPORT THEREON
   22  MAY BE DELEGATED BY THE SECRETARY OF STATE TO A MUNICIPALITY.
   23    S 545. VIOLATIONS. 1. IN ADDITION TO DENIAL, REVOCATION, SUSPENSION OR
   24  REFUSAL  OF RENEWAL OF A LICENSE, AS OTHERWISE PROVIDED IN THIS ARTICLE,
   25  ANY VIOLATION OF A PROVISION OF THIS ARTICLE IS  A  CIVIL  OFFENSE,  FOR
   26  WHICH  A PENALTY OF NOT LESS THAN ONE HUNDRED DOLLARS NOR MORE THAN FIVE
   27  HUNDRED DOLLARS FOR EACH VIOLATION MAY BE IMPOSED, PROVIDED HOWEVER  FOR
   28  VIOLATIONS  NOT  AFFECTING THE HEALTH AND SAFETY OF A PERSON OR A PET AT
   29  THE PET GROOMING FACILITY, THE SECRETARY OF STATE MAY ALLOW FOR  A  CURE
   30  PERIOD  OR  OTHER  OPPORTUNITY  FOR  AMELIORATIVE ACTION, THE SUCCESSFUL
   31  COMPLETION OF WHICH WILL PREVENT THE  IMPOSITION  OF  PENALTIES  ON  THE
   32  PARTY  OR  PARTIES SUBJECT TO ENFORCEMENT.  THE SECRETARY OF STATE SHALL
   33  IMPLEMENT AN APPEALS PROCESS FOR SUCH LICENSED PET GROOMER WHO WISHES TO
   34  CONTEST THE IMPOSITION OF A PENALTY RELATED TO A CIVIL OFFENSE.
   35    2. THE PROVISIONS OF THIS ARTICLE MAY BE CONCURRENTLY ENFORCED BY  THE
   36  SECRETARY  OF  STATE  AND  BY ANY MUNICIPALITY TO WHICH THE SECRETARY OF
   37  STATE HAS DELEGATED AUTHORITY.  MONEYS  COLLECTED  THEREUNDER  SHALL  BE
   38  RETAINED BY THE LOCAL MUNICIPALITY.
   39    3. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
   40  MUNICIPALITY  WITH  A POPULATION OF ONE MILLION OR MORE FROM ENACTING OR
   41  ENFORCING A LOCAL LAW,  RULE,  REGULATION  OR  ORDINANCE  GOVERNING  PET
   42  GROOMERS,  PROVIDED  HOWEVER, THAT ANY SUCH LOCAL LAW, RULE, REGULATION,
   43  OR ORDINANCE SHALL BE NO LESS STRINGENT THAN THE  APPLICABLE  PROVISIONS
   44  OF THIS ARTICLE.
   45    S  546.  CURRENT PRACTITIONERS. INDIVIDUALS ENGAGED IN PET GROOMING ON
   46  THE EFFECTIVE DATE OF THIS ARTICLE MAY CONTINUE IN SUCH CAPACITY FOR ONE
   47  YEAR FROM SUCH DATE PROVIDED THAT ALL  REGULATIONS  ARE  IN  PLACE,  BUT
   48  MUST,  WITHIN  SAID  YEAR, MAKE APPLICATION FOR A LICENSE AS PROVIDED IN
   49  THIS ARTICLE AND WILL BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE THER-
   50  EAFTER.
   51    S 2. This act shall take effect on the ninetieth day  after  it  shall
   52  have  become  a  law;  provided, however, that effective immediately the
   53  addition, amendment or repeal of any rule or  regulation  necessary  for
   54  the  implementation of this act on its effective date are authorized and
   55  directed to be made and completed on or before such effective date.