4-384-015 Prohibition on the retail sale of dogs, cats and rabbits.

   (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)

4-384-020 Animal care – License required when – Permit required for temporary animal exhibitions.

   (a)   No person shall engage in the business of a grooming facility, guard dog service, pet shop, animal care facility, humane society, veterinary hospital or permanent animal exhibition without having first obtained an animal care license under this chapter; provided, however, that an animal care facility may, under that license, groom cats or dogs without a grooming facility license.

   (b)   No person shall engage in the business of temporary animal exhibition without first having obtained a permit to do so under Section 7-12-185.

   (c)   For purposes of this section, the terms "permanent" and "temporary" shall have the meaning ascribed to those terms in the definition of "animal exhibition" as set forth in Section 4-384-010.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 5-9-12, p. 27485, § 149 ; Amend Coun. J. 6-6-12, p. 28356, § 1D; Amend Coun. J. 4-21-21, p. 29618, § 3)

4-384-030 License – Application.

   An application for a license shall be made in conformity with the requirements of Chapter 4-4 of this Code, on a form prescribed by the commissioner of business affairs and consumer protection. The application shall contain the name and business address of the applicant and any other information, including any disclosures pertaining to ownership or control of the applicant, as may be required by the commissioner of business affairs and consumer protection. The commissioner shall cause an investigation to be made of the premises named and described in the application, for the purpose of determining whether the sanitary conditions and the other requirements of this Code are fully complied with.

   No person shall be eligible to be licensed as veterinary hospital unless he or she is licensed as a veterinarian by the State of Illinois.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5)

4-384-040 License – Fee.

   The annual fee for an animal care license shall be as set forth in Section 4-5-010 of this Code.

(Amend Coun. J. 4-16-97, p. 42588)

4-384-050 Sanitary requirements.

   All licensed premises shall be kept free and clean of decaying food and filth of any kind and shall be maintained under sanitary conditions at all times. Every person licensed under this chapter shall comply with all local, state and federal laws relating to animal health, sanitation and disease prevention.

(Amend Coun. J. 4-16-97, p. 42588; Amend Coun. J. 7-26-06, p. 81829, § 2; Amend Coun. J. 2-7-07, p. 98109, § 3)