Section 251-Z-3. Licenses; fees

No person shall maintain or operate a food
  processing establishment unless licensed biennially by the commissioner.
  Application for a license to operate  a  food  processing  establishment
  shall  be made, upon a form prescribed by the commissioner, on or before
  the fifteenth of the month preceding the applicable  license  period  as
  herein prescribed. The license period shall begin February fifteenth for
  applicants  who  apply  for a license between February fifteenth and May
  fourteenth, May fifteenth for applicants who apply for a license between
  May fifteenth and August fourteenth, August fifteenth for applicants who
  apply for a license between August fifteenth  and  November  fourteenth,
  and  November  fifteenth  for applicants who apply for a license between
  November fifteenth and February fourteenth.
    The applicant shall furnish evidence of his  or  her  good  character,
  experience   and   competency,   that  the  establishment  has  adequate
  facilities and equipment for the business  to  be  conducted,  that  the
  establishment  is  such  that  the  cleanliness  of  the premises can be
  maintained,  that  the  product  produced  therein   will   not   become
  adulterated  and,  if  the  applicant  is  a retail food store, that the
  applicant has an individual in a position of management or  control  who
  has  completed  an  approved  food  safety education program pursuant to
  section  two   hundred   fifty-one-z-twelve   of   this   article.   The
  commissioner,  if  so  satisfied,  shall  issue  to  the applicant, upon
  payment of the license fee of four hundred dollars, a license to operate
  the food processing establishment described in the application. However,
  the license fee shall be nine hundred  dollars  for  a  food  processing
  establishment   determined   by   the  commissioner,  pursuant  to  duly
  promulgated regulations, to require more intensive regulatory  oversight
  due  to  the  volume of the products produced, the potentially hazardous
  nature of the product produced or  the  multiple  number  of  processing
  operations  conducted  in the establishment. The license application for
  retail food stores shall be  accompanied  by  documentation  in  a  form
  approved  by  the  commissioner  which demonstrates that the food safety
  education program requirement has  been  met.  The  license  shall  take
  effect  on  the  date of issuance and continue until the last day of the
  applicable license period set forth in this section.
    Notwithstanding any other  provision  of  law  to  the  contrary,  the
  commissioner  is  hereby  authorized  and  directed to deposit all money
  received pursuant to this section in an account within the miscellaneous
  special revenue fund.