Section 750-F. Licenses; display; renewal; duplicates  


Latest version.
  • 1. All licenses
      shall be for a period of two years.
        2.  No  license  shall  be  assignable  or  transferable   except   as
      hereinafter provided.
        3.  A  license  to conduct the business of operating a pet cemetery or
      pet crematorium issued to an individual may be assigned  or  transferred
      for  the remainder of the license period to a partnership or corporation
      if such individual is a member of such partnership or an officer of such
      corporation at the time of such assignment or transfer. A license issued
      to a partnership may be assigned or transferred for the remainder of the
      license period to any  one  member  of  such  partnership,  provided  he
      obtains  the  consent of all of the other members of such partnership. A
      license issued to a corporation may be assigned or transferred  for  the
      remainder  of  the  license  period  to  any officer of the corporation,
      provided he obtains the consent of all of the  other  officers  of  such
      corporation.  The  application  for  such transfer or assignment must be
      accompanied by the requirements of section seven hundred fifty-e of this
      article  and  by  proof  satisfactory  to  the   department   that   the
      requirements  herein  provided have been complied with. No assignment or
      transfer shall become effective unless and  until  the  endorsement  has
      been made on the face of the license by the department and such license,
      so  endorsed,  has been returned to the assignee or transferee. All such
      endorsements shall be made without payment  of  any  fee.  A  bona  fide
      purchaser  of  such  business from the holder of the license thereof may
      continue to use the license of the seller from the  date  of  the  sale,
      provided  there  is  endorsed  on  the  face  thereof  the  name  of the
      purchaser, the date of the sale, and the signature of the seller and the
      purchaser; and provided further within five days from the  date  of  the
      sale, an application, in accordance with the provisions of this article,
      shall  be  presented  by  the  purchaser to the secretary of state for a
      license to conduct the business of  operating  a  pet  cemetery  or  pet
      crematorium.  Such  license shall be valid until the purchaser's license
      application is either granted or denied by the secretary of state.
        4. A license to conduct the business of operating a  pet  cemetery  or
      pet  crematorium issued to an individual or to a partnership may be used
      after the death of the licensed individual or co-partner by his next  of
      kin  or  duly  appointed  administrator  or  executor in the name of the
      estate from the date of death of such individual or co-partner, provided
      that there is endorsed upon the face of the license after  the  name  of
      the  decedent the word "deceased", the date of death and the name of the
      next of kin, administrator or executor under whose authority the license
      is being used, provided that within thirty days from the date  of  death
      of  the  licensee,  an application, in accordance with the provisions of
      this article, shall be presented by the next of  kin,  administrator  or
      executor to the secretary of state for a license to conduct the business
      of  operating  a  pet cemetery or pet crematorium. Such license shall be
      valid until the next of kin's,  administrator's  or  executor's  license
      application is either granted or denied by the secretary of state.
        5.  A  license  to conduct the business of operating a pet cemetery or
      pet crematorium shall be conspicuously posted upon  the  premises  where
      the  licensee  is engaged in the business of operating a pet cemetery or
      pet crematorium.
        6. Any license which has not been suspended or revoked, may, upon  the
      payment  of  the  renewal fee prescribed by this article, be renewed for
      additional periods of two years from its expiration, upon the filing  of
      an  application  for  such  renewal,  on  a form to be prescribed by the
      secretary of state.
    
        7. Any person failing to file application and fee  for  renewal  of  a
      license  to  conduct  the  business  of  operating a pet cemetery or pet
      crematorium within forty-five days immediately following the  expiration
      of his or her last license shall pay an additional fee of sixty dollars,
      and  if  he  or she fails to file application and fee for renewal within
      ninety days he or she shall be ineligible for such license until  he  or
      she shall have again met the requirements set forth in this article.
        8.  A  duplicate  license  may  be  issued  for one lost, destroyed or
      mutilated  upon  application  therefor  on  a  form  prescribed  by  the
      secretary  of  state  and  the payment of the fee prescribed therefor by
      this  article.  Each  such  duplicate  license  shall  have   the   word
      "duplicate"  stamped  across  the  face  thereof and shall bear the same
      number as the one it replaces.
        9. Notice in writing shall be given  the  secretary  of  state  within
      thirty days at his or her office in Albany by the holder of a license to
      conduct  the  business of operating a pet cemetery or pet crematorium of
      any change in address of the business or residence of the person engaged
      in the business of operating a pet cemetery or pet crematorium  together
      with the return of license, whereupon a properly signed endorsement will
      be  made  on  the  face of the license as to such change and the license
      then returned to the licensee. A change of address by a licensee without
      such notice and endorsement of  license  shall  operate  to  cancel  the
      license.