It shall be unlawful for any person to operate a pet shop or operate as a dealer in companion animals in Loudoun County without a valid permit issued by the Department. The permit shall be obtained on an annual basis, no later than January 31 of each year. The fee for said permit and each renewal thereof shall be fifty dollars ($50.00) per year. A permit granted under this section shall be issued to the owner or an individual acting as an agent for the owner or business and is only valid for the pet shop name, location and ownership specified therein. Permits are non-transferable.
(a) Upon receipt of a complete application, the Department shall inspect the applicant's facilities, records regarding animal care and welfare, and method of operation for compliance with this chapter and the Virginia Comprehensive Animal Laws, prior to issuing new and renewal permits. If the Department finds the facilities, records and method of operation or proposed method of operation in compliance, the Department shall approve the application and issue a permit. Permits shall expire on December 31 of each year.
(b) Valid permits shall be posted by the permittee at his or her pet shop in a place visible to the public.
(c) The Department may deny issuance of permits, renewals of permits, or may revoke any such permit for fraudulent practices or inhumane treatment of animals.
(d) In cases where a permit has been denied or revoked, the Department shall not accept another application for the same owner and business location until one year has elapsed from the date of the original denial or revoking of the permit. At that time, the owner and business location will be required to show how they remedied previous issues that caused the permit to be denied or revoked.
(e) In the event that any person is aggrieved by a denial, revocation of, or a refusal to reinstate a permit under this section, such person may appeal the action by filing a written notice of appeal to the Director of the Department. The notice shall include the following information:
(1) The name and address of the appealing party;
(2) Whether the appeal involves the denial, revocation or suspension of, or the refusal to reinstate, a permit under this article; and
(3) A brief statement summarizing the factual basis for challenging the action.
(4) The appealing party shall file the notice of appeal within 15 days from the date on the notice of the action. For the purposes of this section, the notice of appeal shall be deemed filed as of the date that it is received in the Department.
(5) Upon the filing of a notice of appeal, the Director shall give notice to the permittee of the date, time, and place to hear the appeal. Failure on the part of the appealing party to appear, except for good cause, shall be deemed a waiver of the right to pursue the appeal.
(6) The appealing party shall have the opportunity to question any person giving information and to present relevant information on his or her behalf. It is permissible, but not required, for the appealing party to have an attorney present.
(7) At the conclusion of the hearing, or within seven days thereafter, the Director shall affirm, rescind or modify the action.
(f) Each permittee shall:
(1) Keep a record of each group of animals (with the exception of dogs and cats) that enters the establishment, on a standard group animal record form produced by and available at the Department.
(2) Keep an individual animal record for each dog and cat entering the pet shop or companion animal dealer on a standard individual animal record form produced by and available at the Department. Each individual animal record shall include the following:
A. Description of each animal, to include breed, sex, color; ID number and/or tattoo;
B. Name and address of person(s) from whom each animal was obtained and the date obtained;
C. Name and address of person(s) to whom each animal was sold, transferred to, or purchased by and the date of sale, transfer, or purchase;
D. Type and date of any vaccination and treatment given to each animal;
E. Veterinarian's diagnosis of conditions for any treatment each animal received; and
F. Mortality and cause, if known, including euthanasia and the reason for the euthanasia.
(3) Maintain records as specified by this section for a period of two years.
(4) Present records outlined herein to the Department upon request.
(g) No person shall establish or maintain a pet shop or operate as a dealer of companion animals in the County other than in compliance with the provisions of this chapter, nor shall any such person knowingly give false or misleading information in connection with a permit application.
(h) The Department shall be the enforcing agency for this chapter and shall have the authority to inspect the premises of any pet shop or place where companion animals are kept by a dealer during daylight hours in a reasonable manner to ensure compliance with the provisions of this chapter and the Virginia Comprehensive Animal Laws.
(i) If a facility is found to be in violation of this chapter or the Virginia Comprehensive Animal Laws, then the Department shall provide the owner or custodian a written description of the areas of noncompliance and the necessary corrective actions, and the time within which the violation must be corrected. Continued noncompliance may result in revocation of the permit.
(j) Any violation of this section shall be punishable by a civil penalty not to exceed five hundred dollars ($500.00).
(Ord. 08-19. Passed 12-8-08; Ord. 11-03. Passed 3-14-11; Ord. 17-04. Passed 2-15-17; Ord. 17-09. Passed 10-3-17.)