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 by him or her as true under the penalties of perjury. Such application shall be in a form as the secretary of state shall prescribe setting forth:

Terms Used In N.Y. General Business Law 750-E

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fraud: Intentional deception resulting in injury to another.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, corporation, company, partnership, municipality, not-for-profit corporation or any other entity whatsoever. See N.Y. General Business Law 750-A
  • Pet: means any domestic animal that has been adapted or tamed to live in intimate association with people but is not limited to, dogs, cats, rodents, fish, birds, snakes, turtles, lizards, frogs and rabbits. See N.Y. General Business Law 750-A
  • Pet cemetery: means any land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for use, or reservation for use, for the permanent interment or inurnment above or below ground of pet remains. See N.Y. General Business Law 750-A
  • Pet crematorium: means any land, place, structure, facility or building provided by any person for a fee, whether or not for profit, to veterinarians or members of the general public for the cremation of pets. See N.Y. General Business Law 750-A

(a) The name and address of the applicant: if an individual, the name under which he or she intends to conduct business; if a partnership, the name and business address of each member thereof, and the name under which business is to be conducted; if a corporation; the name of the corporation and the name and business address of each stockholder of the corporation holding stock interest of more than ten per centum.

(b) The place or places, including the complete address or addresses where the business is to be conducted.

(c) A summary of all relevant experience of all persons listed in paragraph (a) of this subdivision in the operation of a cemetery, pet cemetery, crematorium, pet crematorium and/or the management of funds.

(d) Satisfactory evidence of good moral character.

(e) Such further information as the secretary of state may prescribe by rule or regulation.

2. The secretary of state shall not issue a license to any person who:

(a) has had their license to operate a pet cemetery or pet crematorium suspended or revoked by the secretary of state; or

(b) has been convicted within the last five years of a felony under the laws of this state involving fraud, bribery, perjury, or theft or has been convicted under the laws of any other state or of the United States of a criminal offense which, if committed and prosecuted in this state, would constitute a similar felony under such laws of this state.

3. Any person who has had an application for a license rejected by the secretary of state may appeal such determination pursuant to section seven hundred fifty-i of this article.