(a) Definitions. As used in this section:
"Animal shelter" means the animal control center or any pound or shelter maintained by or under contract with a state, county, or other municipality, whose mission and practice is, in whole or in significant part, the rescue and placement of animals in permanent homes.
"Commercial producer" means a person that breeds dogs, cats, or rabbits for the purpose of selling the offspring.
"Offer(s) for sale" means to sell, deliver, offer for sale, advertise for the sale of, barter, or auction a dog, cat, or rabbit. "Offer(s) for sale" does not include to offer for adoption through an animal shelter or rescue organization.
"Rescue organization" means any not-for-profit organization that has tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits. "Rescue organization" does not include any person that (i) is a commercial producer; (ii) obtains dogs, cats, or rabbits from a commercial producer; (iii) facilitates the sale for profit of a dog, cat, or rabbit for a commercial producer; (iv) has common personnel with a commercial producer, including, but not limited to, any employee, manager, or board member; or (v) is an "affiliated business", as that term is defined by 44 Ill. Adm. Code § 20.540(b), of a commercial producer.
(b) Restrictions on the retail sale of dogs, cats, and rabbits.
(1) A pet shop may not offer for sale dogs, cats, or rabbits.
(2) A pet shop may provide space to an animal shelter or rescue organization to house and display for adoption dogs, cats, or rabbits. The pet shop shall not have any ownership or monetary interest in the animals displayed for adoption. The animals may only be transferred to an adopting individual for a nominal adoption fee.
(Added Coun. J. 3-5-14, p. 75849, § 2; Amend Coun. J. 4-21-21, p. 29618, § 2)