NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2718
SPONSOR: Paulin
 
TITLE OF BILL:
An act to amend the general business law, in relation to the licensing
of pet grooming facilities
 
PURPOSE OR GENERAL IDEA OF BILL:
To require licensing of pet grooming facilities.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one amends the general business law by adding a new article
29-CCC which provides for the licensing of pet grooming facilities.
Section 539 of article 29-CCC defines the terms to be used in the arti-
cle.: "pet", and "pet grooming facility."
Section 540 defines the standards be followed in caring for pets at a
pet grooming facility.
Section 541 outlines record keeping. Every pet grooming facility must
keep and maintain records of every pet groomed for a period of one year
from the date of service. In addition, pet grooming facilities shall
request from pet owners proof of annual vaccinations, as well as a
record of any known medical issues or conditions for each pet being
groomed.
Section 542 outlines the process for obtaining a license. The
Secretary of State shall issue a license to qualified businesses upon
the payment of a forty-dollar annual registration fee.
Section 543 outlines license refusal, suspension or revocation. The
Secretary of State may decline to grant or renew, or may suspend or
revoke a pet grooming facility's license for material misstatement,
improper record keeping, or for a violation of any provision of law
relating to the humane treatment of animals. Prior to the suspension or
revocation of a license, the Secretary of State shall provide notice in
writing to the pet grooming facility.
Section 544 relates to inspections. The Secretary of State shall be
authorized to jointly coordinate with the Commissioner of Agriculture
and Markets to inspect pet grooming facilities.
Section 545 pertains to violations. In addition to denial, revocation,
suspension, or refusal of renewal of a license, any violation of a
provision of this article is a civil offense, which may carry a penalty
of not less than $100 and no more than $500 for each violation. Monies
collected shall be retained by the local municipality.
Section two provides the effective date.
 
JUSTIFICATION:
Currently, pet grooming businesses in New York are not required to be
licensed. This has led to unregulated care and unfortunate outcomes for
pets and their owners. In recent years, there have been several cases in
New York of healthy dogs dying while in the care of grooming facilities.
This bill is intended to protect pets by requiring grooming facility to
meet certain qualifications and obtain a license. The bill also speci-
fies sanitary, health and safety standards that must be met by facili-
ties, including mobile groomers.
 
PRIOR LEGISLATIVE HISTORY:
A.9663 of 2021 and 2022, referred to economic development.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law; provided, however, that effective immediately
the addition, amendment or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
and directed to be made and completed on or before such effective date.
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.
LBD05713-01-3
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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;
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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 of
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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.