F - 1 To Warrenville City Council, Warrenville Pet Shop Ordinance... Why? A bit of background as to why we should pass have ordinance. In the past we had a pet store in Warrenville. This store, along with most other ones, are known to source their animals from mass breeding outfits with, at best, substandard conditions. These facilities have been loosely given the name, "Puppy Mill". Although similar facilities exist for cats and rabbits too, puppymill is the most common term as it is the most documented. I could go on and on about puppy mills, however a great starting point for anyone not familiar with them is the Humane Society of the United States... specifically http://www.humanesociety.org/issues/puppy_mills/. On the right most column in the second "blue" section titled "Resources" you'll find links to nearly every topic about them. A few excepts from the resources at the above URL (taken word for word from the HSUS website): What is a puppy mill? A puppy mill is an inhumane, commercial dog-breeding facility in which the health of the dogs is disregarded in order to maintain a low overhead and maximize profits. I think my local pet store might be selling dogs from puppy mills. How can I find out? Almost all pet store puppies come from puppy mills. Ask the pet store employee to show you the paperwork identifying the puppy's breeder and origins. If he or she refuses to do so or is reluctant to show you the paperwork, consider that a red flag. If you do inspect the paperwork, you may notice that the puppy has been shipped from out of state, often by a "broker" service. These are just a few indications that the store's dog may have come from a puppy mill. The bottom line is that responsible breeders do not sell their puppies to pet stores; they want to meet their puppy buyers in person and do not sell their puppies to the first person who shows up with cash in hand. What about anti-cruelty laws? Don't those affect puppy mills? Although all 50 states have anti-cruelty laws intended to prevent neglect and mistreatment of dogs, most large-scale breeding facilities continue to operate in ways that mock these laws. In many cases, dogs in puppy mills are kept in physically and emotionally damaging conditions under which an individual pet dog would never be allowed to suffer. Anti-cruelty laws are seldom applied to puppy mills as long as the animals have the rudimentary basics of shelter, food, and water. Puppy mill dogs are often treated as agricultural "crops" and not as pets. Pet stores say: "Our puppies come from breeders, not puppy mills." The word breeder is not an exclusive term. Anyone who puts two dogs together and
produces puppies is, technically, a breeder. Truly responsible breeders do not sell their puppies to pet stores, they want to meet their puppy buyers in person and do not sell their puppies to the first person who shows up with cash in hand. Most breed club's Code of Ethics state that their breeders refuse to sell their dogs to pet dealers or any other commercial sources of distribution. "All of our puppies come from USDA-inspected facilities, so we know they are not from puppy mills." Being USDA or government inspected does not mean that the business is not a puppy mill, any more than having a driver's license guarantees that the holder is a good driver. Unfortunately, most USDA-licensed breeders house dozens or even hundreds of breeding dogs in small wire cages for their entire lives and sadly, this is legal under current USDA regulations, which require only minimal standards of food, water and shelter. But many USDA facilities have been found in violation of even these minimal standards. It is extremely rare for the USDA to revoke a commercial breeder's license or even fine a puppy mill that has repeated violations. There are hundreds of USDA-licensed puppy mills in operation that have long lists of violations and problems associated with them and yet regularly sell to pet stores. "We know our breeders are not puppy mills because we only deal with breeders we know." If a pet store manager tells you this, ask to see documentation that shows exactly where their suppliers are located. In most cases, you will find out that the breeders they "know" are in distant states. The store manager's definition of "knowing" a breeder often just means they have been receiving shipments of puppies from the same place repeatedly. In most cases, the owner or manager has never visited the breeder's facility or inspected their records. One of the best Resources is http://www.humanesociety.org/issues/puppy_mills/facts/pet_store_doublespeak.html which explains just why "traditional" pet stores should no longer be accepted or permitted. National chains like Petsmart and Petco have proven that a "no sell"/"adoption only" model does work and a Naperville store, Dog Patch, made the switch years ago. I have personally spoken many times with the owner, Greg. All of his dogs and cats now come from shelters and rescue organizations and he adopts them out instead of selling them. Overall he still is very satisfied that he made the change and feels it was the right thing to do. Finally, millions of animals are put down at shelters and animal control agencies across the country. Until all of those animals are being placed in caring homes, there is no reason to continue to sell new ones into the "system". Our tax dollars pay for animal control facilities. Isn't it a smart thing to work to minimize their costs by helping them adopt out their animals?
Given that we currently have no pet stores within the city, thus no existing business conflict and the ordinance is worded such that someone with a dog or two in their home wanting to sell pups on occasion would not be affected. Other cities, counties and states are taking a stance on prohibiting the selling of these animals and, instead, promoting and offering adoption options. Just to name a few location that have already passed similar legislation, West Hollywood, Irvine, LA, San Diego and Glendale CA, and Sarasota County, FL. Many others currently under consideration. However, closer to home Villa Park, Chicago and Cook County have already stepped up. See: http://articles.chicagotribune.com/2014-03-05/news/chi-chicago-antipuppy-mill-measure-advances- 20140304_1_pet-stores-chicago-aldermen-homeless-animals Beginning next March, Chicago pet stores won't be able to sell dogs, cats or rabbits obtained from large-scale breeding operations that critics call "puppy mills." All such animals, mostly dogs, sold in the city will have to come from government pounds, rescue operations or humane societies. National and local animal welfare advocates supported the legislation, which the City Council approved 49-1. The measure reflects a growing national concern over how animals are bred and treated and follows similar actions in other cities. and http://www.humanesociety.org/news/news_briefs/2014/04/cook_county_cracks_down_puppy_mills_0 40914.html Cook County, Ill. Cracks Down on Puppy Mills County Council applauded for steps to increase adoptions of homeless animals The Cook County Council passed an ordinance to restrict the retail sale of dogs, cats and rabbits obtained from large-scale commercial breeders. The ban will go into effect Oct. 1. Chicago also passed a similar ban in March. Kristen Strawbridge, Illinois state director of The Humane Society of the United States, issued the following statement: Cook County is taking a step forward for the humane economy and a stand against pet overpopulation and puppy mills. This rule will help end the euthanasia of thousands of animals every year in the state. This ban will help drive the market toward adoptions of homeless animals from shelters and rescue groups, and increased sales for small, responsible breeders who meet standards of animal care. I believe now is the time for Warrenville to step up and join the ranks. Thank you for your time. Gary Davis (20 year citizen of Warrenville) 30W260 Bedford Lane
ORDINANCE Title 3 Chapter 25 AN ORDINANCE ADDING TITLE 3, CHAPTER 25 TO THE WARRENVILLE CITY CODE IN REGARD TO REGULATING THE SALE OF ANIMALS WHEREAS, the City of Warrenville Community Development and Planning Committee is responsible for providing recommendations to the Corporate Authorities on proposed business regulation activity; and WHEREAS, the Community Development and Planning Committee finds that in order to help ensure that the commercial retail sale of animals is conducted in a humane and appropriate manner, the Community Development and Planning Committee recommends that the temporary sale of animals, at temporary business locations such as flea markets, farmer's markets and the like, is prohibited in Title 3, Chapter 25 of the Warrenville City Code; and WHEREAS, to help ensure that the sale of animals is conducted in a humane and appropriate manner, the Community Development and Planning Committee recommends that Title 3, Chapter 25 of the Warrenville City Code be added to restrict such sales activity, and WHEREAS, the Mayor and the City Council of the City of Warrenville concur with the recommendation of the Community Development and Planning Committee, and deems it to be in the public interest to establish appropriate regulations pertaining to the sale of animals within the corporate limits of the City of Warrenville; and that adds Title 3, Chapter 25, in relation thereto, are in the City of Warrenville's best interest; NOW THEREFORE, BE IT ORDAINED by the Mayor and the City Council of the City of Warrenville, DuPage County, Illinois, as follows: Section1: That Title 3 of the City of Warrenville Code is hereby amended by adding a new Chapter 25 thereto, which shall read in its entirety as follows:
CHAPTER 25 COMMERCIAL SALE OF ANIMALS (3-25-1.) The commercial sale of animals, excepting those in (B) below, shall occur exclusively within a permanent building or structure, either owned by the seller of the animals, or in relation to which the seller of the animals as a lease covering a period of at least (1) year. It shall be unlawful to offer for sale, attempt to sell or sell any animal at temporary sales events such as, but not limited to, flea markets, farmer's markets and French markets. (3-25-2-1.) It is unlawful for any person to display, offer for sale, deliver, barter, auction, give away, transfer or sell any live dog, cat or rabbit in any pet shop, retail business or other commercial establishment located in the City of Warrenville unless the dog, cat or rabbit was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. All pet shops, retail businesses, or other commercial establishments selling dogs, cats or rabbits shall maintain a certificate of source for each of the animals and make it available upon request to animal control officers, law enforcement, code compliance officials or any other City employee charged with enforcing the provisions of this section. (3-25-2-2) For purposes of this section, a non-profit rescue organization is defined as any Illinois non-profit corporation that is exempt from taxation under Internal Revenue Code section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits; or any non-profit organization that is not exempt from taxation under Internal Revenue Code section 501(c)(3) but is currently an active rescue partner with a City or County of DuPage shelter or humane society, whose mission is, in whole or in significant part, the rescue and placement of dogs, cats, or rabbits. (3-25-2-3) For purposes of this section, a commercial establishment is defined as any forprofit business enterprise, including a sole proprietorship engaged in retail or wholesale commerce related to dogs, cats, and rabbits, including grooming parlors, canine day care, and boarding facilities. (3-25-2-4) For purposes of this section, a certificate of source is defined as any document from the source city or county animal shelter or animal control agency, humane society, or nonprofit rescue organization declaring the source of the dog, cat, or rabbit on the premises of the pet shop, retail business, or other commercial establishment (B) This section shall not apply to the display, offer for sale, delivery, bartering, auction, giving away, transfer, or sale of dogs, cats, or rabbits from the premises on which they were bred and reared.
(3-25-3) Nothing in this section shall prevent the owner, operator, or employees of a pet shop, retail business, or other commercial establishment located in the City of Warrenville from providing space and appropriate care for animals owned by a city or county animal shelter or animal control agency, humane society, or non-profit rescue organization and maintaining those animals at the pet shop, retail business, or other commercial establishment for the purpose of public adoption. (3-25-4) Any Person convicted of violating Title 3, Chapter 25, Sections 1, 2, or 3 shall be fined not less than Fifty and no/100 ($50.00) nor more than Seven Hundred Fifty and no/100 ($750.00) for each separate violation. A separate offense shall be deemed committed upon each day during which a violation occurs. In addition, each animal offered for sale or sold in violation of Title 3, Chapter 25, Section 1, 2 or 3 shall constitute a separate and distinct offense even if all of the sales take place on the same day. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. Passed on first reading this xxx day of xxxxx 2014. Ayes: Nays: Absent: First reading waived by action of the City Council this day of 2014. Passed on second reading this XXXXX day of xxxxx, 2014. Ayes: Nays: Absent: Approved this XXXXX day of XXXX, 2014.
David Brummel Mayor ATTEST: Emil Larson City Clerk Published by me in pamphlet form on this XXXXX day of XXXXX, 2014. Emily Larson City Clerk
State licensing law for pet shops (225 ILCS 605/1) (from Ch. 8, par. 301) Sec. 1. This Act shall be known and may be cited as the Animal Welfare Act. (Source: P.A. 78-900.) (225 ILCS 605/2) (from Ch. 8, par. 302) Sec. 2. Definitions. As used in this Act unless the context otherwise requires: "Department" means the Illinois Department of Agriculture. "Director" means the Director of the Illinois Department of Agriculture. "Pet shop operator" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs, cats, birds, fish, reptiles, or other animals customarily obtained as pets in this State. However, a person who sells only such animals that he has produced and raised shall not be considered a pet shop operator under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a pet shop operator under this Act. "Dog dealer" means any person who sells, offers to sell, exchange, or offers for adoption with or without charge or donation dogs in this State. However, a person who sells only dogs that he has produced and raised shall not be considered a dog dealer under this Act, and a veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 shall not be considered a dog dealer under this Act. "Secretary of Agriculture" or "Secretary" means the Secretary of Agriculture of the United States Department of Agriculture. "Person" means any person, firm, corporation, partnership, association or other legal entity, any public or private institution, the State of Illinois, or any municipal corporation or political subdivision of the State. "Kennel operator" means any person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charge dogs or dogs and cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a kennel operator. "Cattery operator" means any person who operates an establishment, other than an animal control facility or animal shelter, where cats are maintained for boarding, training or similar purposes for a fee or compensation; or who sells, offers to sell, exchange, or offers for adoption with or without charges cats which he has produced and raised. A person who owns, has possession of, or harbors 5 or less females capable of reproduction shall not be considered a cattery operator. "Animal control facility" means any facility operated by or under contract for the State, county, or any municipal corporation or political subdivision of the State for the purpose of impounding or harboring seized, stray, homeless, abandoned or unwanted dogs, cats, and other animals. "Animal control facility" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes. "Animal shelter" means a facility operated, owned, or maintained by a duly incorporated humane society, animal welfare society, or other non-profit organization for the purpose of providing for and promoting the welfare, protection, and humane treatment of animals. "Animal shelter" also means any veterinary hospital or clinic operated by a veterinarian or veterinarians licensed under the Veterinary Medicine and Surgery Practice Act of 2004 which operates for the above mentioned purpose in addition to its customary purposes.
"Foster home" means an entity that accepts the responsibility for stewardship of animals that are the obligation of an animal shelter, not to exceed 4 animals at any given time. Permits to operate as a "foster home" shall be issued through the animal shelter. "Guard dog service" means an entity that, for a fee, furnishes or leases guard or sentry dogs for the protection of life or property. A person is not a guard dog service solely because he or she owns a dog and uses it to guard his or her home, business, or farmland. "Guard dog" means a type of dog used primarily for the purpose of defending, patrolling, or protecting property or life at a commercial establishment other than a farm. "Guard dog" does not include stock dogs used primarily for handling and controlling livestock or farm animals, nor does it include personally owned pets that also provide security. "Sentry dog" means a dog trained to work without supervision in a fenced facility other than a farm, and to deter or detain unauthorized persons found within the facility. "Probationary status" means the 12-month period following a series of violations of this Act during which any further violation shall result in an automatic 12-month suspension of licensure. (Source: P.A. 95-550, eff. 6-1-08.) (225 ILCS 605/2.1) (from Ch. 8, par. 302.1) Sec. 2.1. The Department may cooperate with the Secretary of Agriculture in carrying out Public Law 89-544, entitled, "An Act to authorize the Secretary of Agriculture to regulate the transportation, sale, and handling of dogs, cats, and certain other animals intended to be used for purposes of research or experimentation, and for other purposes", and the rules and regulations issued by the Secretary under that Act. The Director may promulgate regulations to facilitate the cooperation, and to avoid any unnecessary duplication or any conflict of activities by the Department and the Secretary in regulating the activities or areas covered by this Act and Public Law 89-544. The regulations may be in addition to other regulations authorized by this Act. (Source: Laws 1967, p. 3079.) (225 ILCS 605/2.2) (from Ch. 8, par. 302.2) Sec. 2.2. No dog dealer, kennel operator, or cattery operator shall separate a puppy or kitten from its mother, for the purpose of sale, until such puppy or kitten has attained the age of 8 weeks. All licensees under this Act shall maintain records of the origin and sale of all dogs, and such records shall be made available for inspection by the Secretary or the Department upon demand. Such records must contain proof in proper form of purebreds and their pedigree, and evidence of such proof must be provided to any person acquiring a dog from a licensee under this Act. In addition, guard dog services shall be required to maintain records of transfer of ownership, death, or disappearance of a guard dog or sentry dog used by that guard dog service. (Source: P.A. 89-178, eff. 7-19-95.) (225 ILCS 605/3) (from Ch. 8, par. 303) Sec. 3. (a) Except as provided in subsection (b) of this Section, no person shall engage in business as a pet shop operator, dog dealer, kennel operator, cattery operator, or operate a guard dog service, an animal control facility or animal shelter or any combination thereof, in this State without a license therefor issued by the Department. Only one license shall be required for any combination of businesses at one location, except that a separate license shall be required to operate a guard dog service. Guard dog services that are located outside this State but provide services within this State are required to obtain a license from the Department. Out-of-state guard dog services are required to comply with the requirements of this Act with regard to guard dogs and sentry dogs transported to or used within this State. (b) This Act does not apply to a private detective agency or private security agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that provides guard dog or canine odor detection services and does not otherwise operate a kennel for hire. (Source: P.A. 95-613, eff. 9-11-07.)
(225 ILCS 605/3.1) (from Ch. 8, par. 303.1) Sec. 3.1. Information on dogs and cats for sale by a dog dealer or cattery operator. Every dog dealer and cattery operator shall provide the following information for every dog or cat available for sale: (a) The age, sex, and weight of the animal. (b) The breed of the animal. (c) A record of vaccinations and veterinary care and treatment. (d) A record of surgical sterilization or lack of surgical sterilization. (e) The name and address of the breeder of the animal. (f) The name and address of any other person who owned or harbored the animal between its birth and the point of sale. (Source: P.A. 96-1470, eff. 1-1-11.) (225 ILCS 605/3.2) Sec. 3.2. Foster homes. A person shall not operate a foster home without first obtaining a permit from the animal shelter for which that person will operate the foster home. Upon application and payment of the required fees by the animal shelter, the Department shall issue foster home permits to the animal shelter. The animal shelter shall be responsible for the records and have all the obligations of stewardship for animals in the foster homes to which it issues permits. Foster homes shall provide the care for animals required by this Act and shall report any deviation that might affect the status of the license or permit to the animal shelter. A foster home shall not care for more than 4 animals at any one time. (Source: P.A. 89-178, eff. 7-19-95.) (225 ILCS 605/3.3) Sec. 3.3. Adoption of dogs and cats. (a) An animal shelter or animal control facility shall not adopt out any dog or cat unless it has been sterilized and microchipped. However, an animal shelter or animal control facility may adopt out a dog or cat that has not been sterilized and microchipped if: (1) the adopting owner has executed a written agreement agreeing to have sterilizing and microchipping procedures performed on the animal to be adopted within a specified period of time not to exceed 30 days after the date of the adoption, or (2) the adopting owner has executed a written agreement to have sterilizing and microchipping procedures performed within 14 days after a licensed veterinarian certifies the dog or cat is healthy enough for sterilizing and microchipping procedures, and a licensed veterinarian has certified that the dog or cat is too sick or injured to be sterilized or it would be detrimental to the health of the dog or cat to be sterilized or microchipped at the time of the adoption. (b) An animal shelter or animal control facility may adopt out any dog or cat that is not free of disease, injury, or abnormality if the disease, injury, or abnormality is disclosed in writing to the adopter, and the animal shelter or animal control facility allows the adopter to return the animal to the animal shelter or animal control facility. (c) The requirements of subsections (a) and (b) of this Section do not apply to adoptions subject to Section 11 of the Animal Control Act. (Source: P.A. 96-314, eff. 8-11-09.) (225 ILCS 605/3.4) Sec. 3.4. Release of animals to shelters. An animal shelter or animal control facility may not release any animal to an individual representing an animal shelter, unless the recipient animal shelter has been licensed or has a foster care permit issued by the Department or the individual is a representative of a notfor-profit, out-of-state organization. (Source: P.A. 96-314, eff. 8-11-09.)
(225 ILCS 605/3.5) Sec. 3.5. Information on dogs and cats available for adoption by an animal shelter or animal control facility. (a) An animal shelter or animal control facility must provide to the adopter prior to the time of adoption the following information, to the best of its knowledge, on any dog or cat being offered for adoption: (1) The breed, age, date of birth, sex, and color of the dog or cat if known, or if unknown, the animal shelter or animal control facility shall estimate to the best of its ability. (2) The details of any inoculation or medical treatment that the dog or cat received while under the possession of the animal shelter or animal control facility. (3) The adoption fee and any additional fees or charges. (4) If the dog or cat was returned by an adopter, then the date and reason for the return. (5) The following written statement: "A copy of our policy regarding warranties, refunds, or returns is available upon request.". (6) The license number of the animal shelter or animal control facility issued by the Illinois Department of Agriculture. (b) The information required in subsection (a) shall be provided to the adopter in written form by the animal shelter or animal control facility and shall have an acknowledgement of disclosures form, which must be signed by the adopter and an authorized representative of the animal shelter or animal control facility at the time of the adoption. The acknowledgement of disclosures form shall include the following: (1) A blank space for the dated signature and printed name of the authorized representative handling the adoption on behalf of the animal shelter or animal control facility, which shall be immediately beneath the following printed statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.". (2) A blank space for the dated signature and printed name of the adopter, which shall be immediately beneath the following statement: "I hereby attest that this disclosure was posted on or near the cage of the dog or cat for adoption and that I have read all the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.". (c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the adopter and the original copy shall be maintained by the animal shelter or animal control facility for a period of 2 years from the date of adoption. A copy of the animal shelter's or animal control facility's policy regarding warranties, refunds, or returns shall be provided to the adopter. (d) An animal shelter or animal control facility shall post in a conspicuous place in writing on or near the cage of any dog or cat available for adoption the information required by subsection (a) of this Section 3.5.(Source: P.A. 96-1470, eff. 1-1-11.) (225 ILCS 605/3.15) Sec. 3.15. Disclosures for dogs and cats being sold by pet shops. (a) Prior to the time of sale, every pet shop operator must, to the best of his or her knowledge, provide to the consumer the following information on any dog or cat being offered for sale: (1) The retail price of the dog or cat, including any additional fees or charges. (2) The breed, age, date of birth, sex, and color of the dog or cat. (3) The date and description of any inoculation or medical treatment that the dog or cat received while under the possession of the pet shop operator. (4) The name and business address of both the dog or
cat breeder and the facility where the dog or cat was born. If the dog or cat breeder is located in the State, then the breeder's license number. If the dog or cat breeder also holds a license issued by the United States Department of Agriculture, the breeder's federal license number. (5) (Blank). (6) If eligible for registration with a pedigree registry, then the name and registration numbers of the sire and dam and the address of the pedigree registry where the sire and dam are registered. (7) If the dog or cat was returned by a customer, then the date and reason for the return. (8) A copy of the pet shop's policy regarding warranties, refunds, or returns and an explanation of the remedy under subsections (f) through (m) of this Section in addition to any other remedies available at law. (9) The pet shop operator's license number issued by the Illinois Department of Agriculture. (b) The information required in subsection (a) shall be provided to the customer in written form by the pet shop operator and shall have an acknowledgement of disclosures form, which must be signed by the customer and the pet shop operator at the time of sale. The acknowledgement of disclosures form shall include the following: (1) A blank space for the dated signature and printed name of the pet shop operator, which shall be immediately beneath the following statement: "I hereby attest that all of the above information is true and correct to the best of my knowledge.". (2) A blank space for the customer to sign and print his or her name and the date, which shall be immediately beneath the following statement: "I hereby attest that this disclosure was posted on or near the cage of the dog or cat for sale and that I have read all of the disclosures. I further understand that I am entitled to keep a signed copy of this disclosure.". (c) A copy of the disclosures and the signed acknowledgement of disclosures form shall be provided to the customer at the time of sale and the original copy shall be maintained by the pet shop operator for a period of 2 years from the date of sale. A copy of the pet store operator's policy regarding warranties, refunds, or returns shall be provided to the customer. (d) A pet shop operator shall post in a conspicuous place in writing on or near the cage of any dog or cat available for sale the information required by subsection (a) of this Section 3.15. (e) If there is an outbreak of distemper, parvovirus, or any other contagious and potentially lifethreatening disease, the pet shop operator shall notify the Department immediately upon becoming aware of the disease. If the Department issues a quarantine, the pet shop operator shall notify, in writing and within 2 business days of the quarantine, each customer who purchased a dog or cat during the 2-week period prior to the outbreak and quarantine. (f) A customer who purchased a dog or cat from a pet shop is entitled to a remedy under this Section if: (1) within 21 days after the date of sale, a licensed veterinarian states in writing that at the time of sale (A) the dog or cat was unfit for purchase due to illness or disease, the presence of symptoms of a contagious or infectious disease, or obvious signs of severe parasitism that are extreme enough to influence the general health of the animal, excluding fleas or ticks, or (B) the dog or cat has died from a disease that existed in the dog or cat on or before the date of delivery to the customer; or (2) within one year after the date of sale, a licensed veterinarian states in writing that the dog or cat possesses a congenital or hereditary condition that adversely affects the health of the dog or cat or requires either hospitalization or a non-elective surgical procedure or has died of a congenital or hereditary condition. Internal or external parasites may not be considered to adversely affect the health of the dog unless the presence of the parasites makes the dog or cat clinically ill. The veterinarian's statement shall include: (A) the customer's name and address; (B) a statement that the veterinarian examined the dog or cat;
(C) the date or dates that the dog or cat was examined; (D) the breed and age of the dog or cat, if known; (E) a statement that the dog or cat has or had a disease, illness, or congenital or hereditary condition that is subject to remedy; and (F) the findings of the examination or necropsy, including any lab results or copies of the results. (g) A customer entitled to a remedy under subsection (f) of this Section may: (1) return the dog or cat to the pet shop for a full refund of the purchase price; (2) exchange the dog or cat for another dog or cat of comparable value chosen by the customer; (3) retain the dog or cat and be reimbursed for reasonable veterinary fees for diagnosis and treatment of the dog or cat, not to exceed the purchase price of the dog or cat; or (4) if the dog or cat is deceased, be reimbursed for the full purchase price of the dog or cat plus reasonable veterinary fees associated with the diagnosis and treatment of the dog or cat, not to exceed one times the purchase price of the dog or cat. For the purposes of this subsection (g), veterinary fees shall be considered reasonable if (i) the services provided are appropriate for the diagnosis and treatment of the disease, illness, or congenital or hereditary condition and (ii) the cost of the services is comparable to that charged for similar services by other licensed veterinarians located in close proximity to the treating veterinarian. (h) Unless the pet shop contests a reimbursement required under subsection (g) of this Section, the reimbursement shall be made to the customer no later than 10 business days after the pet shop operator receives the veterinarian's statement under subsection (f) of this Section. (i) To obtain a remedy under this Section, a customer shall: (1) notify the pet shop as soon as reasonably possible and not to exceed 3 business days after a diagnosis by a licensed veterinarian of a disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy; (2) provide to the pet shop a written statement provided for under subsection (f) of this Section by a licensed veterinarian within 5 business days after a diagnosis by the veterinarian; (3) upon request of the pet shop, take the dog or cat for an examination by a second licensed veterinarian; the customer may either choose the second licensed veterinarian or allow the pet shop to choose the second veterinarian, if the pet shop agrees to do so. The party choosing the second veterinarian shall assume the cost of the resulting examination; and (4) if the customer requests a reimbursement of veterinary fees, provide to the pet shop an itemized bill for the disease, illness, or congenital or hereditary condition of the dog or cat for which the customer is seeking a remedy. (j) A customer is not entitled to a remedy under this Section if: (1) the illness or death resulted from: (A) maltreatment or neglect by the customer; (B) an injury sustained after the delivery of the dog or cat to the customer; or (C) an illness or disease contracted after the delivery of the dog or cat to the customer; (2) the customer does not carry out the recommended treatment prescribed by the veterinarian who made the diagnosis; or (3) the customer does not return to the pet shop all documents provided to register the dog or cat, unless the documents have already been sent to the registry organization.
(k) A pet shop may contest a remedy under this Section by having the dog or cat examined by a second licensed veterinarian pursuant to paragraph (3) of subsection (i) of this Section if the dog or cat is still living. If the dog or cat is deceased, the pet shop may choose to have the second veterinarian review any records provided by the veterinarian who examined or treated the dog or cat for the customer before its death. If the customer and the pet shop have not reached an agreement within 10 business days after the examination of the medical records and the dog or cat, if alive, or the dog's or cat's medical records, if deceased, by the second veterinarian, then: (1) the customer may bring suit in a court of competent jurisdiction to resolve the dispute; or (2) if the customer and the pet shop agree in writing, the parties may submit the dispute to binding arbitration. If the court or arbiter finds that either party acted in bad faith in seeking or denying the requested remedy, then the offending party may be required to pay reasonable attorney's fees and court costs of the adverse party. (l) This Section shall not apply to any adoption of dogs or cats, including those in which a pet shop or other organization rents or donates space to facilitate the adoption. (m) If a pet shop offers its own warranty on a pet, a customer may choose to waive the remedies provided under subsection (f) of this Section in favor of choosing the warranty provided by the pet shop. If a customer waives the rights provided by subsection (f), the only remedies available to the customer are those provided by the pet shop's warranty. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (f), the pet shop must provide, in writing, a statement of the remedy under subsection (f) that the customer is waiving as well as a written copy of the pet shop's warranty. For the statement to be an effective waiver of the customer's right to refund or exchange the animal under subsection (f), it shall be substantially similar to the following language: "I have agreed to accept the warranty provided by the pet shop in lieu of the remedies under subsection (f) of Section 3.15 of the Animal Welfare Act. I have received a copy of the pet shop's warranty and a statement of the remedies provided under subsection (f) of Section 3.15 of the Animal Welfare Act. This is a waiver pursuant to subsection (m) of Section 3.15 of the Animal Welfare Act whereby I, the customer, relinquish any and all right to return the animal for congenital and hereditary disorders provided by subsection (f) of Section 3.15 of the Animal Welfare Act. I agree that my exclusive remedy is the warranty provided by the pet shop at the time of sale.". (Source: P.A. 98-509, eff. 1-1-14; 98-593, eff. 11-15-13.) (225 ILCS 605/5) (from Ch. 8, par. 305) Sec. 5. Applications by individuals for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall require such information as in the judgment of the Department will enable the Department to pass on the qualifications of the applicant for a license. It shall include, but need not be limited to information concerning age, citizenship, present residence, location of the business licensed under this Act, including the location of all foster homes, description of facilities to be used, present and previous business connections and experience, bank and professional references, whether any license of the applicant under this Act or any federal, state, county or local law, ordinance or regulation, relating to dealing in or handling dogs or cats, ever was suspended or revoked and whether the applicant ever has been convicted of a felony. Such felony conviction may be taken into consideration by the Department in determining qualifications for licensing but shall not operate as a bar to licensing. (Source: P.A. 89-178, eff. 7-19-95.)
(225 ILCS 605/6) (from Ch. 8, par. 306) Sec. 6. Applications by partnerships or corporations for original licenses shall be made to the Department, shall be in writing on forms prescribed by the Department and shall be accompanied by the required fee, which shall not be returnable. Any such application shall list, but need not be limited to, the name of each partner, if a partnership, each director and officer, if a corporation, its address, its financial resources, and shall indicate and list the partners, directors or officers, as the case may be, or other persons authorized to represent or act for it under this Act. (Source: P.A. 81-198.) (225 ILCS 605/6.5) Sec. 6.5. Termination of application; forfeiture of license fee. Failure of any applicant to meet all of the requirements for compliance within 60 days of receipt of a license application shall result in termination of the application and forfeiture of the license fee. (Source: P.A. 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.) (225 ILCS 605/7) (from Ch. 8, par. 307) Sec. 7. Applications for renewal licenses shall be made to the Department, shall be in writing on forms prescribed by the Department, shall contain such information as will enable the Department to determine if the applicant is qualified to continue to hold a license and shall be accompanied by the required fee, which shall not be returnable. (Source: P.A. 81-198.) (225 ILCS 605/8) (from Ch. 8, par. 308) Sec. 8. Each non-resident applicant for an original license or renewal license, except a foreign corporation, shall file with the Department an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this State in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving 2 copies thereof with the Director. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The Director shall send forthwith one copy of such process to the applicant at the address shown on the records of the Department by registered mail. No foreign corporation shall receive a license under this Act until it has been authorized to do business in this State by the Secretary of State. (Source: Laws 1965, p. 2956.) (225 ILCS 605/9) (from Ch. 8, par. 309) Sec. 9. Each license shall be issued for the term of one fiscal year or for such part thereof as remains at the time of the issuance of the license. Each license shall be renewed during the month of June of each year. Each license not renewed during June of each year shall expire on June 30 of that year. A license must be prominently displayed at each place of business of the licensee. Where the licensee conducts business at more than one address, branch office licenses shall be issued on payment of the required fee. Each license shall be signed by the Director of the Department and shall be issued under the seal of the Department. (Source: P.A. 79-997.) (225 ILCS 605/10) (from Ch. 8, par. 310) Sec. 10. Grounds for discipline. The Department may refuse to issue or renew or may suspend or revoke a license on any one or more of the following grounds: a. Material misstatement in the application for original license or in the application for any renewal license under this Act; b. A violation of this Act or of any regulations or rules issued pursuant thereto;
c. Aiding or abetting another in the violation of this Act or of any regulation or rule issued pursuant thereto; d. Allowing one's license under this Act to be used by an unlicensed person; e. Conviction of any crime an essential element of which is misstatement, fraud or dishonesty or conviction of any felony, if the Department determines, after investigation, that such person has not been sufficiently rehabilitated to warrant the public trust; f. Conviction of a violation of any law of Illinois except minor violations such as traffic violations and violations not related to the disposition of dogs, cats and other animals or any rule or regulation of the Department relating to dogs or cats and sale thereof; g. Making substantial misrepresentations or false promises of a character likely to influence, persuade or induce in connection with the business of a licensee under this Act; h. Pursuing a continued course of misrepresentation of or making false promises through advertising, salesman, agents or otherwise in connection with the business of a licensee under this Act; i. Failure to possess the necessary qualifications or to meet the requirements of the Act for the issuance or holding a license; or j. Proof that the licensee is guilty of gross negligence, incompetency, or cruelty with regard to animals. The Department may refuse to issue or may suspend the license of any person who fails to file a return, or to pay the tax, penalty or interest shown in a filed return, or to pay any final assessment of tax, penalty or interest, as required by any tax Act administered by the Illinois Department of Revenue, until such time as the requirements of any such tax Act are satisfied. The Department may order any licensee to cease operation for a period not to exceed 72 hours to correct deficiencies in order to meet licensing requirements. (Source: P.A. 89-178, eff. 7-19-95; 90-385, eff. 8-15-97; 90-403, eff. 8-15-97.) (225 ILCS 605/11) (from Ch. 8, par. 311) Sec. 11. The Department may upon its own motion and shall upon the verified complaint in writing of any person who has been the recipient of an animal through purchase, gift or adoption setting forth facts which if proved would constitute grounds for refusal to issue or renew or for suspension or revocation of a license under this Act, investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue or renew, and before suspension or revocation of a license, at least 10 days prior to the date set for the hearing, notify in writing the applicant for or holder of a license, hereinafter called the respondent, that a hearing will be held on the date designated to determine whether the respondent is privileged to hold such license, and shall afford the respondent an opportunity to be heard in person or by counsel in reference hereto. Such written notice may be served by delivery of the same personally to the respondent, or by mailing the same by registered or certified mail to the place of business last theretofore specified by the respondent in the last notification to the Department. At the time and place fixed in the notice, the Department shall proceed to hear the charges and both the respondent and the complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to any defense thereto. The Department may continue such hearing from time to time. The Department, over the signature of the Director is authorized to subpoena and bring before the Department any person or persons in this State and to take testimony either orally or by deposition or by exhibit, with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings in civil cases in circuit courts of this state. Any authorized agent of the Department may administer oaths to witnesses at any hearing which the Department is authorized by law to conduct. (Source: P.A. 83-338.)
(225 ILCS 605/12) (from Ch. 8, par. 312) Sec. 12. Record of hearing. In accordance with Section 10-35 of the Illinois Administrative Procedure Act, the Department shall preserve a record of all proceedings at the hearing of any case involving refusal to issue or renew a license, or the suspension or revocation of a license, or the referral of a case for criminal prosecution. The record of any such proceeding consists of the notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony and the report and orders of the Department. Copies of the transcript of the record may be obtained from the Department in accordance with the Illinois Administrative Procedure Act. (Source: P.A. 91-357, eff. 7-29-99.) (225 ILCS 605/13) (from Ch. 8, par. 313) Sec. 13. In any case involving the refusal to issue or renew a license, or the suspension or revocation of a license, or the referral of a case for criminal prosecution, a copy of the Department's report shall be served upon the respondent, either personally or by registered or certified mail as provided in this Act, for the service of the notice of hearing. Within 20 days after such service, the respondent may present to the Department a motion in writing for a rehearing, which written motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial, the Director may enter an order in accordance with recommendations of the report. If the respondent orders and pays for a transcript of the record within the time for filing a motion for rehearing, the 20 day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent. (Source: P.A. 81-198.) (225 ILCS 605/14) (from Ch. 8, par. 314) Sec. 14. Any circuit court may upon application of the Director or of the applicant or licensee against whom proceedings under Section 11 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing in any proceedings under that Section. The court may compel obedience to its order by proceedings for contempt. (Source: Laws 1965, p. 2956.) (225 ILCS 605/15) (from Ch. 8, par. 315) Sec. 15. Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the circuit court of the county wherein such person resides, or in the case of a corporation, wherein the registered office is located. If the plaintiff in the review proceeding is not a resident of this state, the venue shall be in Sangamon County. The provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Department hereunder. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure. The Department shall not be required to certify the record of the proceeding unless the plaintiff in the review proceedings has purchased a copy from the certified shorthand reporter who prepared the record. Exhibits shall be certified without cost. (Source: P.A. 82-783.) (225 ILCS 605/16) (from Ch. 8, par. 316) Sec. 16. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license and any branch office licenses to the Department, and if the licensee fails to do so, the Department shall have the right to seize the same. (Source: Laws 1965, p. 2956.)