Section 403. Licenses

1.  No person shall operate as a pet dealer unless
  such person  holds  a  license  issued  therefor  by  the  commissioner.
  Notwithstanding  the  foregoing, a pet dealer, in operation on or before
  the effective date of this section, who has filed an application for  an
  initial  license  under  this  article  shall  be  authorized to operate
  without such license until the commissioner grants or, after notice  and
  opportunity   to   be  heard,  declines  to  grant  such  license.  Each
  application for a license shall be  made  on  a  form  supplied  by  the
  department  and shall contain such information as may be required by the
  department. Renewal applications shall be submitted to the  commissioner
  at least thirty days prior to the commencement of the next license year.
    2. The commissioner may delegate his or her authority pursuant to this
  section to issue pet dealer licenses to the county or city where the pet
  dealer  seeking  licensure is located. Such delegation shall be pursuant
  to an agreement entered into  by  the  commissioner  and  such  city  or
  county.
    3.   Each  application  for  a  license  shall  be  accompanied  by  a
  nonrefundable fee of one hundred dollars, except that those pet  dealers
  who engage in the sale of less than twenty-five animals in a year, shall
  pay a nonrefundable fee of twenty-five dollars.
    4.  The  moneys  received by the commissioner pursuant to this section
  shall be deposited  in  the  "pet  dealer  licensing  fund"  established
  pursuant to section ninety-seven-rr of the state finance law.
    5.  Where  the  authority to issue pet dealer licenses is delegated to
  the county or city pursuant to subdivision two  of  this  section,  that
  county or city shall, on or before the fifth day of each month, remit to
  the  appropriate  municipal financial officer one hundred percent of all
  license fees collected during the preceding month. The remittance  shall
  be  accompanied  by  a report of license sales made during such month. A
  copy of such report shall simultaneously be sent  to  the  commissioner.
  All  license fees so remitted shall be the property of the municipality,
  and shall be used solely for the purpose of carrying out  and  enforcing
  the  provisions  of  this  article  and  of article thirty-five-D of the
  general business law.
    6. Inspection in accordance with section four  hundred  five  of  this
  article,  the  results of which establish compliance with the provisions
  of this article and with the provisions of article thirty-five-D of  the
  general  business  law  regarding  recordkeeping and consumer disclosure
  requirements for pet dealers, shall precede issuance  of  a  license  or
  renewal thereof under this section.
    7.  Upon  validation  by  the  commissioner  or  the  county  or  city
  authorized  under  this  section  to  issue  pet  dealer  licenses,  the
  application shall become the license of the pet dealer.
    8.  The  commissioner  shall  provide a copy of the license to the pet
  dealer. The commissioner shall also retain a copy  of  the  license.  In
  those  counties  where  the  commissioner  has  delegated  the licensing
  authority to the county or city that county or  city  shall,  provide  a
  copy  of  the  license to the pet dealer and a copy to the commissioner.
  The county or city shall also retain a copy of the license  in  its  own
  records.
    9.  No  pet dealer shall publish or advertise the sale or availability
  of any dog or cat unless the publication or advertisement is accompanied
  by the pet dealer's license number. Notwithstanding the foregoing, a pet
  dealer, in operation on or before the effective date  of  this  section,
  who  has  filed an application for an initial license under this article
  may publish or advertise the sale or availability  of  any  dog  or  cat
  without  the  publication  or advertisement being accompanied by the pet

  dealer's license number until the commissioner grants or,  after  notice
  and opportunity to be heard, declines to grant such license.
    10.  Such  license  shall  be  renewable  annually,  together with the
  payment of a nonrefundable fee of one hundred dollars, or  upon  payment
  of  a nonrefundable fee of twenty-five dollars for those pet dealers who
  engage in the sale of less than twenty-five animals in a year.
    11. Pet dealers shall  conspicuously  display  their  license  on  the
  premises where the animals are kept for sale so that they may be readily
  seen by potential consumers.