292-A - Cemetery and funeral home combinations.

§  292-a.  Cemetery  and  funeral home combinations. 1. No town shall,  directly or indirectly:    (a) sell, or have, enter into or perform a lease of any  of  its  real  property dedicated to cemetery purposes or adjacent thereto to a funeral  entity, or use any of its property for location of a funeral entity;    (b) commingle funds used for cemetery purposes with a funeral entity;    (c) direct or carry on its cemetery related business or affairs with a  funeral entity;    (d) authorize control of its cemetery related business or affairs by a  funeral entity;    (e)  engage in any sale or cross-marketing of goods or services with a  funeral entity;    (f) have, enter into or perform a management or service  contract  for  cemetery operations with a funeral entity; or    (g)  have, enter into or perform a management contract with any entity  other than a not-for-profit or religious  corporation,  or  governmental  entity.    2. Only the provisions of paragraphs (a) and (b) of subdivision one of  this  section  shall  apply  to  towns with thirty acres or less of real  property dedicated to cemetery purposes, and only to the extent the sale  or lease is of real property dedicated to cemetery  purposes,  and  such  cemeteries  shall  not  engage  in  the  sale  of  funeral home goods or  services, except if such goods and services are otherwise  permitted  to  be sold by cemeteries.    3.  For the purposes of this section, "funeral entity" means a person,  partnership, corporation, limited liability company  or  other  form  of  business  organization  providing  funeral  home  services,  or  owning,  controlling,  conducting  or  affiliated  with  a  funeral   home,   any  subsidiary  thereof or any officer, director or stockholder having a ten  per centum or  greater  proprietary,  beneficial,  equitable  or  credit  interest in a funeral home.