Title GBS, General Business

§ 750-a. Definitions. As used in this article, unless the context requires otherwise: 1. "Person" means an individual, corporation, company, partnership, municipality, not-for-profit corporation or any other entity whatsoever. 2. "Licensee" means a person as herein defined licen…

§ 750-b. License required. On and after July thirty-first, nineteen hundred ninety-three, no person shall engage for a fee in the business of operating a pet cemetery or pet crematorium or hold himself or herself out as being able so to do unless he or she is licensed therefor p…

§ 750-c. Powers of the secretary of state. The secretary of state shall inspect periodically all licensed pet cemeteries and pet crematoriums. The cost of such inspection shall not be charged to the pet cemeteries or crematoriums. In addition to the powers and duties elsewhere p…

§ 750-d. Rules and regulations. 1. With respect to pet cemeteries and pet crematoriums, the department of state shall have power to adopt such rules and regulations not inconsistent with the provisions of this article, as may be necessary with respect to the form and content of …

§ 750-e. License; application. 1. Any person desiring a license to engage in the business of operating a pet cemetery or pet crematorium under this article may make application to the secretary of state therefor. The application shall be subscribed by the applicant and affirmed …

§ 750-f. Licenses; display; renewal; duplicates. 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…

§ 750-g. Fees. 1. The fee for a license to engage in the business of operating a pet cemetery or pet crematorium shall be one hundred fifty dollars. For each renewal thereof, the fee shall be one hundred fifty dollars. 2. The fee for issuing a duplicate license in substitution f…

§ 750-h. Denial of license application and suspension and revocation of licenses. 1. An application for a license under this article may be denied or a license to engage in the business of operating a pet cemetery or pet crematorium may be suspended or revoked, by the secretary …

§ 750-i. Hearing on charges; decision. 1. No license shall be suspended or revoked nor shall any fine or reprimand be imposed until after a hearing had before an officer or employee of the department of state designated for such purpose by the secretary of state, upon notice to …

§ 750-j. Judicial review. The action of the secretary of state in suspending, revoking or refusing to issue or renew a license, or imposing a fine or reprimand on the holder thereof may be reviewed by a proceeding brought under and pursuant to article seventy-eight of the civil …

§ 750-k. Violations and penalties. Any person not licensed pursuant to this article who shall directly or indirectly engage in the business of operating a pet cemetery or pet crematorium or hold himself or herself out to the public as being able so to do, or who shall violate an…

§ 750-l. Official acts used as evidence. The official acts of the secretary of state, department of state and department of environmental conservation shall be prima facie evidence of the facts therein and shall be entitled to be received in evidence in all actions at law and ot…

§ 750-m. Dedication of moneys derived from operation of article. All moneys derived from the operation of this article shall on or before the tenth day of each month be paid into the pet cemetery and pet crematorium inspection and licensing fund established by section ninety-sev…

§ 750-n. Dedication of real property for pet cemetery purposes. 1. The owner of any real property used or to be used for a pet cemetery shall file, or cause to be filed, in the office of the clerk or recorder of the county in which the real property is located, a dedication rest…

§ 750-o. Removal of dedication. Upon the filing of a dedication restricting real property for the operation of a pet cemetery, such dedication may only be amended or removed by order of the supreme court of the county where the pet cemetery is located. Such petition for amendmen…

§ 750-p. Area requirements for pet cemeteries. A pet cemetery which commences operations on or after the effective date of this article and which provides for the permanent interment of pets shall consist of not less than five contiguous acres of real property in total area, inc…

§ 750-q. Maintenance fees for pet cemeteries. 1. A pet cemetery owner may charge a permanent maintenance endowment fee for the care of the pet cemetery, which if charged, shall be placed by the pet cemetery owner into a permanent maintenance endowment care or similar trust fund.…

§ 750-r. Endowment care or similar trust funds. 1. A pet cemetery which commenced operations prior to the effective date of this article shall establish an endowment care or similar trust fund, the balance of which shall not be less then twelve thousand dollars, by January first…

§ 750-s. Pet disposal forms. 1. Each person who gives to a veterinarian or a pet cemetery owner or pet crematorium owner a pet for disposal shall be provided by such veterinarian or pet cemetery owner or pet crematorium owner with a pet disposal disclosure document, in form appr…

§ 750-t. Disposal in compliance with forms. A pet cemetery owner shall dispose of a pet in compliance with a pet disposal form completed by a pet owner or veterinarian. If such pet is disposed of, either by individual cremation or individual burial, the pet cemetery owner shall …

§ 750-u. Veterinary and agricultural production exclusions. Any pet cemetery which: 1. (a) is owned by a licensed veterinarian; or (b) is located on land used in agricultural production; 2. does not allow individual burials; 3. does not allow individual grave markers; 4. does no…

§ 750-uu. Small pet cemetery exclusion. Any pet cemetery which buries less than five animals a year, makes no representation that the pet graves will be cared for or that the land is dedicated, and does not charge a maintenance fee for the care of the pet graves shall be exempt …

§ 750-v. Duties of pet cemetery owners and operators. All pet cemetery owners and operators shall have the following duties: 1. To keep permanently maps and records containing the specific site of each pet grave, the grave owner's last known address, the date of burial, the size…

§ 750-w. Separability clause. If any part or provision of this article or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application dire…

§ 751. Legislative intent. It is hereby determined and declared that supervision by the state of the sale of dogs or cats by pet dealers is within the public interest and for the purpose of safeguarding the public and insuring the humane treatment of such animals by guaranteeing…

§ 752. Definitions. As used in this article: 1. "Animal" means a dog or a cat. 2. "Consumer" means any individual purchasing an animal from a pet dealer. A pet dealer shall not be considered a consumer. 3. For purposes of section seven hundred fifty-three of this article, a "pet…

§ 753. Sale of animal. 1. If, within fourteen business days following the sale of an animal subject to this article or receipt of the written notice required by section seven hundred fifty-four of this article, whichever occurred last, a veterinarian of the consumer's choosing, …

§ 753-a. Veterinarian examination. 1. Within five business days of receipt, but prior to the sale of any dog or cat, the pet dealer shall have a duly licensed veterinarian conduct an examination and tests appropriate to the breed and age to determine if the animal has any medica…

§ 753-b. Information statement for purchaser. Every pet dealer shall deliver to the purchaser of an animal, at the time of sale, a written statement in a standardized form prescribed by the commissioner of agriculture and markets containing the following information: 1. For cats…

§ 753-c. Animal pedigree registration. 1. Representation regarding animal's pedigree registration. Any pet dealer who states, promises, or represents that an animal is registered or capable of registration with an animal pedigree registry organization shall provide the purchaser…

§ 753-d. Construction with other laws. Nothing in this article shall be construed to (a) limit or restrict agents or officers of societies for the prevention of cruelty to animals or the police from enforcing articles twenty-six and twenty-six-A of the agriculture and markets la…

§ 753-e. Prohibited contracts. No contract for the purchase of a dog or a cat or the financing of such purchase shall include any provisions which authorize the use of a dog or a cat as security where such dog or cat may be repossessed by the seller or lender contingent on the p…

§ 753-f. Sale of dogs, cats and rabbits prohibited. 1. A retail pet shop as defined in this article shall not sell, lease, offer to lease, offer to sell, barter, auction, or otherwise transfer ownership of any dog, cat or rabbit. This section shall not be construed to prohibit a…

§ 754. Notice. Every pet dealer who sells an animal to a consumer shall post a notice clearly visible to the consumer and provide the consumer at the time of sale with a written notice, printed or typed, setting forth the rights provided under this article. Such notices shall be…

§ 755. Penalties and enforcement. 1. In addition to the other remedies provided, whenever there shall be a violation of this article, application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction by a…

§ 756. Definitions. As used in this article: 1. "Construction contract" means a written or oral agreement for the construction, reconstruction, alteration, maintenance, moving or demolition of any building, structure or improvement, or relating to the excavation of or other deve…

§ 756-a. Obligations. It is the policy and purpose of this article to expedite payment of all monies owed to those who perform contracting services pursuant to construction contracts. Except as otherwise provided in this article, the terms and conditions of a construction contra…

§ 756-b. Remedies. 1. (a) If any interim or final payment to a contractor is delayed beyond the due date established in paragraph (a) of subdivision three of section seven hundred fifty-six-a of this article, the owner shall pay the contractor interest beginning on the next day …

§ 756-c. Retention. By mutual agreement of the relevant parties an owner may retain no more than five per centum of the contract sum as retainage. A contractor or subcontractor may also retain no more than five per centum for retainage and in no case shall retainage exceed the a…

§ 756-d. Exceptions for failure of lender to disburse funds. The date of payment required by the owner, the contractor and/or subcontractor pursuant to section seven hundred fifty-six-a of this article, shall be extended to the seventh day after the owner, contractor or subcontr…

§ 756-e. Exceptions for lower Manhattan reconstruction. The provisions of this article shall not apply to any construction contracts for the reconstruction, alteration, moving or demolition of any building, structure or improvement, or relating to the excavation of or any develo…

§ 756-f. Wage theft prevention and enforcement. 1. Upon request of a contractor, or a contractor's subcontractor, to any subcontractor which performs any portion of work within the scope of the contractor's construction contract with an owner, such subcontractor shall provide ce…

§ 757. Void provisions. The following provisions of construction contracts shall be void and unenforceable: 1. A provision, covenant, clause or understanding in, collateral to or affecting a construction contract, with the exception of a contract with a material supplier, that m…

§ 758. Severability. If any clause, sentence, paragraph, subdivision or part of this article, or the application thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, imp…

* § 759. Definitions. When used in this article, the following terms shall have the following meanings: 1. "Builder" means any person, corporation, partnership or other entity contracting with an owner for the construction of a one- or two-family residential dwelling having less…

* § 759-a. Disclosure of automatic fire sprinkler system information. A builder of a one- or two-family residential dwelling having less than three stories, prior to entering into a contract for construction of such dwelling with a buyer, shall provide the buyer with a copy of w…

§ 76. Certificate or pocket card lost or destroyed. If it shall be established to the satisfaction of the secretary of state, in accordance with rules and regulations of such department, that an unexpired license certificate or pocket card, issued in accordance with the provisio…

§ 760. Definitions. When used in this article, the following terms shall have the following meanings. 1. "Person" means any individual, firm, corporation, association or partnership, cooperative association, joint venture, joint stock association, business trust, their lessees, …

§ 761. One-call notification systems. 1. Participation. Every operator shall participate in and be responsible for the administration of a one-call notification system. Any other persons interested in protection of underground facilities may also participate in the system. 2. Du…

§ 762. Duties of local governments. The local governments shall display in an appropriate location and provide a notice to each applicant for an excavation and demolition permit that informs them about their responsibilities under the law and regulations to protect underground f…