96-F - Denial, revocation and suspension of licenses.

§ 96-f. Denial, revocation and suspension of licenses. 1. The exposure  of meat, fowl or meat food product to insects, live animals or injurious  contamination, or the slaughter, possession or sale of unwholesome meat,  or  the  slaughtering,  butchering, possession or sale of the fur, hair,  skin or flesh of a domesticated dog (canis familiaris)  or  domesticated  cat  (felis  catus  or  domesticus)  shall be cause for the denial of an  application for license, or the revocation or suspension  of  a  license  already  granted.  Any  such  denial,  revocation  or  suspension may be  reviewed by a proceeding instituted under article seventy-eight  of  the  civil practice law and rules.    2. After due notice and opportunity to be heard, the license issued to  any  person,  firm,  partnership  or corporation to operate any place or  establishment where animals or fowls are slaughtered  or  butchered  for  food  pursuant  to subdivision one of this section shall be revoked upon  establishing failure of three consecutive inspections. Nothing  in  this  subdivision shall prohibit the commissioner from taking licensing action  prior to failure of three consecutive inspections.    3. Each licensee shall post a copy of the date and results of its most  recent  sanitary  inspection by the department in a conspicuous location  near each public entrance,  as  prescribed  by  the  commissioner.  Such  copies  shall  also  be  made  available to the public upon request. Any  licensee that violates the  provisions  of  this  subdivision  shall  be  subject to a penalty of five hundred dollars for each day of violation.    * 4.  In addition to any other grounds established by this article for  the denial, revocation and suspension of licenses, the commissioner  may  decline  to  grant a new license, may decline to renew a license, or may  suspend or revoke a license after due notice and opportunity for hearing  whenever he or she finds that:    (a) any statement contained in an application for license  is  or  was  false or misleading;    (b) the establishment does not have facilities or equipment sufficient  to maintain adequate sanitation for the activities conducted;    (c)  the  establishment  is  not  maintained  in  a clean and sanitary  condition or is not operated in a sanitary or proper manner;    (d) the maintenance and operation of the establishment  is  such  that  the product produced therein is or may be adulterated;    (e)  the establishment has failed or refused to produce any records or  provide any information demanded by the commissioner reasonably  related  to the administration and enforcement of this article;    (f)  the  applicant  or  licensee,  or  an officer, director, partner,  holder of  ten  percent  of  the  voting  stock,  or  any  other  person  exercising  any  position  of management or control has failed to comply  with any of the provisions of this  chapter  or  rules  and  regulations  promulgated pursuant thereto; or    (g)  any  person  including  the applicant or licensee, or an officer,  director,  partner  or  any  stockholder,  exercising  any  position  of  management or control has been convicted of a felony in any court of the  United  States  or  any  state  or  territory and that there is a direct  relationship between that felony and the license sought or held  by  the  individual.    * NB Effective November 12, 2010