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Any person, firm, or corporation proposing to operate a pet shop or kennel shall first apply to Animal Services for a permit for such activity. A pet shop or kennel permit shall be granted only after Animal Services or designee has determined:
A. The pet shop or kennel meets the standards set forth in California Health and Safety Codes §§ 122350 et seq., is not in violation of Penal Code § 597, and meets the requirements set forth in § 7.24.110 ("Standard of Care Guidelines in Maintaining Pet Shop and Kennel") under this chapter;
B. The location of the pet shop or kennel is a permitted use under applicable city zoning laws and regulations, or the required zoning permits have been obtained, including, but not limited to, a variance and/or a conditional use permit; and
C. Has paid and/or is up to date with the current year's pet shop permit fee. The permit fee for a pet store shall be purchased annually and shall be due on January 2nd of each year.
(Ord. 2574 §1)
A. When conditions exist which an animal control officer, health officer or inspector, peace officer or similarly authorized personnel believes warrant the revocation of a pet shop or kennel license, such facts shall be reported to the Manager with a recommendation that such license be revoked. A licensee's refusal to permit reasonable inspection of the licensed premises shall constitute a valid ground for revocation. The Manager may revoke a kennel license if, based upon substantial evidence, the Manager believes that one (1) or more of the following conditions exist:
1. There is reason to believe that the pet shop or kennel is being operated in a manner which constitutes a public nuisance;
2. It has determined by inspection that the pet shop or kennel fails to meet any of the conditions of the permit, this chapter, or applicable state law.
3. There is reason to believe that the applicant or licensee has willfully withheld or falsified any information required for the pet shop or kennel permit.
B. Upon a determination of the Manager to revoke a pet shop or kennel permit, the Manager shall mail to or personally serve upon the licensee, a notice of revocation, advising the licensee that the Manager intends to revoke the pet shop or kennel permit unless a hearing is requested as set forth herein.
C. If a licensee disputes the proposed revocation of a pet shop or kennel permit, the licensee may appeal the decision of the Manager the City Council (or designated hearing officer as authorized by the City Council) by filing a written request for a hearing with the City Clerk within ten (10) calendar days of the date the notice of revocation was mailed to the licensee by certified mail or the date that the licensee was personally served. After receipt of such appeal, the City Council shall set a time and place at which it shall hear the matter and the City Clerk shall notify the licensee of the same. The action of the city council shall be final. This section shall not be interpreted to limit any power granted the health officer under any other provision of law.
D. If a permit has been denied or revoked, the City may not accept a new permit application from the same person for the same activity at the same location during the twelve-month (12-month) period after such denial or revocation, unless the applicant shows, and the Manager finds by inspection or investigation, that the grounds upon which the previous application was denied or the permit revoked no longer exist.
(Ord. 2574 §1)
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