§ 17-378 Permit suspension and revocation.
AC § 17-378
a. In addition to any of the powers that may be exercised by the commissioner pursuant to this subchapter or this title, the rules promulgated thereunder, or the New York city health code, the commissioner, after due notice and an opportunity to be heard by the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner, may suspend or revoke a pet shop permit upon the occurrence of any one or more of the following conditions: 1. Willful or continued violation of the provisions of title seventeen of this code, the rules promulgated thereunder or the New York city health code, or for such other reason as the commissioner determines, is sufficient grounds for suspension or revocation; 2. The giving or offering to an employee or agent of the department or other government agency, engaged in carrying out an inspection, survey or examination or in the performance of any other duty for the department or such agency, a gift, gratuity, benefit, favor or bribe, including but not limited to money, food, or drink; 3. Submission or display by a permittee of a forged document or other document that contains false or misleading statements, or making a false or misleading statement to the department; or 4. Poor moral character that adversely reflects on the permittee's fitness to conduct work regulated by this title. b. Notwithstanding subdivision a of this section, if the commissioner determines that exigent circumstances exist such that the continued operation of a permittee's pet shop would pose a danger to the public or the health and welfare of the animals in the permittee's custody, the commissioner may suspend such permittee's permit subject to a prompt post-suspension hearing before the environmental control board or any tribunal established within the office of administrative trials and hearings as designated by the commissioner. c. Following a hearing required pursuant to this section and the receipt of a copy of the report and recommendations of the tribunal before which such hearing was held, the commissioner may take such action as may be necessary, adopting all or part of the report and recommendations, and may issue an order revoking the permit, further suspending the permit, or reinstating the permit subject to whatever conditions the commissioner deems necessary for the continued safe operation of the permitted business. d. All permits revoked pursuant to this section or in accordance with other applicable law shall be surrendered to the department upon receipt of the order. Permits or licenses that are not surrendered in accordance with this section may be seized by any authorized employee or agent of the department or officer of the police department. (L.L. 2015/005, 1/17/2015, eff. 1/1/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2015/005.
