Committee on Health and Human Relations
SUBSTITUTE ORDINANCE
AS AMENDED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 4-384-010 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, and by deleting the language struck through, as follows:
4-384-010 Definitions.
For purposes of this chapter, the following terms shall have the meaning ascribed to them in Chapter 7-12 of this Code: "animal", "animal control center", "cat", "commission Commission", "dog", "oxocutive director Executive Director", "horse", "impounded", "microchip", "owner", "pet", "owner", "sterilization", and "veterinarian".
(Omitted text is unaffected by this ordinance)
"Animal care facility" means any person engaged in the business of boarding, breeding, training for a fee, letting for hire other than guard dogs, or providing day care for any dog or cat. An "animal care facility" does not include: (1) the animal control center; (2) any animal care facility, kennel, pound or training facility operated by any subdivision of local, state, or federal government; or (3) any humane society, any veterinary hospital, or any research facility subject to inspection under separate provisions of local, state or federal law; (<1) any person who owns, has posseGoion of, or harbors 5 or fowor female dogs or oats oapablo of reproduction; or (5) tho isolated or occasional sale of animals by a person who sells only such animals that he has producod and raised.
(Omitted text is unaffected by this ordinance)
"Pet shop" means any person primarily engaged in the business of selling or offering to sell animals suitable for use as pets; provided that a "pet shop" shall not include: (1) any animal control center, animal care facility, kennel or pound or training facility operated by any subdivision of local, state, or federal government; (2) any research facility subject to inspection under separate provisions of local, state or federal law; or (3) the isolated or occasional sale of animals by a person who sells only such animals that he has produced and raised; or (4) any person engaged in the business of brooding who owns, has possession of or harbors 5 or fewer female dogs or cats capable of reproduction and sells only those breeding dogs or cats or their offspring.
(Omitted text is unaffected by this ordinance)
SECTION 2. Section 4-384-015 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, and by deleting the language struck through, as follows:
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4-384-015 Retail Prohibition on the retail sale of dogs, cats and rabbits.
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 display, sell, deliver, offer for sale or adoption, advertise for the sale of, barter, or auction, give away or otherwise dispose of a dog, cat. or rabbit. "Qffer(s) for sale" does not include to offer for adoption through an animal shelter or rescue organization.
"Retailer" means any person licensed or required to be licensed under this chapter who offers for sale any dog, cat or rabbit in the City.
"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 III. Adm. Code ยง 20.540(b). of a commercial producer.
Restrictions on the retail sale of animals dogs, cats, and rabbits.
A pet shop retailer may not offer for sale only those dogs, catsi or rabbits.
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, that the retailer has obtained from:
(44 an animal control center, animal care facility, kennel, pound or training facility operated by any subdivision of local, state or federal government; or
(2) a humano society or rescue organization.
(g) Exemptions. The restrictions on retailers set forth in subsection (b) of this section 6hall not apply to any entity listed in paragraphs (1) or (2) of subsection (b) of this section, or to
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any veterinary hospital or clinic licensed pursuant to the Veterinary Medicine and Surgery Practice Act of 2004, codifiod at 225 ILCS 115.
{d) Disclosures required. Any retailer who offers for sale a dog, oat or rabbit shall make the following disclosures to the customer about such animal:
(44 for each dog or Gat: a written disclosure meeting all of the requirements set forth in Sections 3.5 or 3.15, as applicable, of the Animal Welfare Act, codified at 225 ILCS 605; and
{24 for each rabbit: (i) the breed, approximate age, sex and color of the animal; (ii) the dato and description of any inoculation or medical treatment that the animal received while under the possession of the retailer; (iii) the name and address of the location whoro tho animal was born, rosouod, relinquished or impounded; and (iv) if the animal was roturnod by a customer, tho dato of and reason for the return.
The disclosures required undor this subsection (d) shall be provided by tho retailor to tho customer in written form and shall be signed by both the retailer and customer at the time of sale. The retailer shall retain the original copy of such disclosure and acknowledgement for a period of two years from the date of sale. Upon request by an authorized City official, the original copy of such disclosure and acknowledgement shall be made immediately available for inspection by such authorized city official.
The retailer shall post, in writing, in a conspicuous place on or near the cage of any dog, cat or rabbit offered for salo all of the information about a dog, cat or rabbit required under this subsection and other applicable law.
SECTION 3. Section 4-384-020 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, and by deleting the language struck through, as follows:
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, (1) buy or 6ell cats or dogs without a pet shop license; or (2) groom cats or dogs without a grooming facility license.
(Omitted text is unaffected by this ordinance)
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SECTION 4. Section 4-384-170 of the Municipal Code of Chicago is hereby amended by inserting the language underscored, and by deleting the language struck through, as follows:
4-384-170 Animal shelter Humane society cafe permit.
Definitions. For purposes of this section the following definitions apply:
(Omitted text is unaffected by this ordinance)
"Permittee" means a person issued a humane society an animal shelter cafe permit under this section.
Notwithstanding any provision of this code to the contrary, a humane society may sell beverages in its licensed facility in compliance with this section; provided that no more than 20% of the total floor area, or the amount of floor area permitted in the applicable zoning district, whichever is less, shall be used for the sale of beverages. The humane society animal shelter cafe permit authorizes only the sale of non-alcoholic beverages. The permit shall be for a term of two years and the fee shall be $250.
The permit granted under this section does not authorize the licensee to engage in the business of a retail food establishment, except as authorized in this section.
Qualifications and application.
(Omitted text is unaffected by this ordinance)
(2) An application for, or a renewal of, a humane society an animal shelter cafe permit shall be made to the commissioner Commissioner in a form and manner provided by the commissioner Commissioner. The application shall include:
(Omitted text is unaffected by this ordinance)
(D) any other pertinent information reasonably required by the commissionor Commissioner.
(Omitted text is unaffected by this ordinance)
(e) This section shall be enforced by the department Department and the department of health Department of Health.
The commissionor Commissioner shall promulgate rules for the administration and enforcement of this section. The department of health Department of Health shall promulgate rules regarding the sanitation and health requirements of the cafe, which rules shall include but not be limited to adequate controls to ensure compliance with the Illinois Food, Drug and Cosmetic Act, the Illinois Food Handling Regulation Enforcement Act, the Illinois Sanitary Food Preparation Act, and any other applicable law or regulation.
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Committee on Health and Human Relations
(Omitted text is unaffected by this ordinance)
SECTION 5. This ordinance shall be in full force and effect following due passage and publication.
BRIAN HOPKINS Alderman, 2nd Ward
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