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HomeMy WebLinkAbout10.B.1. Pet Store Ordinance General Business 10. B. 1 SHAKOPEE TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Police Chief DATE: 10/01/2013 SUBJECT: Pet Store License Ordinance Action Sought City Council is asked to adopt Ordinance Number 873, an Ordinance of the City of Shakopee, adding Section 6.46 to the the Shakopee City Code requiring pet store licensing and regulation. City Council is also asked to adopt Ordinance Number 874, an Ordinance for the City of Shakopee, establishing pet store license fees. Background In August, City Council directed staff to research and draft an ordinance that would license and regulate pet stores within the city limits. Staff has worked with Kieth Streff, Investigator from the Animal Humane Society of Golden Valley, to ensure that the proposed ordinance provides the city with the necessary tools needed so pet store locations do not become a source of complaints in the future. The proposed ordinance is based largely on the City of Bloomington's Ordinance. The ordinance does require the owner of any pet store, which offers animals for sale or adoption, to first obtain a license from the city. The ordinance specifies minimum health, safety, and sanitation requirements. Under this proposed ordinance, council will have the authority to suspend or revoke a license if violations are found. The proposed fee for the license is $100. This is a one-time fee to cover costs associated with background investigations and license processing. The license does not require renewal if ownership does not change. At present time, Petland is the only store currently selling animals in Shakopee that would be affected by this ordinance. The owners of Petland have participated in the drafting of this ordinance and indicated they are comfortable with the proposed language moving forward. If Ordinance Number 873 is adopted, Council is then asked to adopt Ordinance Number 874, which is required to amend the City's adopted 2013 fee schedule. Both ordinances have been reviewed by the City's attorney and are attached. Staff believes this proposed ordinance is the least intrusive option while still providing staff with the necessary tools needed to ensure another situation does not arise like the one that initiated this conversation. Recommendation Staff recommends adopting Ordinance Number 873 and Ordinance Number 874. Budget Impact The proposed license fees cover staff time associated with background investigation and license processing. Relationship to Vision This action supports: Goal A: Keep Shakopee a safe and healthy community where residents can pursue active and quality lifestyles. Requested Action If City Council concurs, it should, by motion, adopt City Ordinance Number 873, an Ordinance of the City of Shakopee, Minnesota, adding Section 6.46 to the Shakopee City Code regarding pet store licensing and regulation; and, Ordinance Number 874, an Ordinance of the City of Shakopee, Minnesota, amending the City's adopted 2013 fee schedule to add a pet store license fee. Attachments: Pet Store Ordinance Pet Store Fee Ordinance ORDINANCE NO. 873 AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING SECTION 6.46 TO THE SHAKOPEE CITY CODE REGARDING PET STORE LICENSING AND REGULATION THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA, ORDAINS: Section 1. Chapter 6 of the Shakopee City Code is amended by adding the following Section: Section 6.46. PET STORE LICENSING AND REGULATION Subd. 1. Purpose The City Council finds that pet stores can present health, safety, and sanitation problems if not properly and locally regulated. The City Council therefore enacts the following licensing scheme governing pet stores. Subd. 2 Pet Store License Required No person shall own or operate a pet store that offers animals for sale or adoption without first obtaining a license in compliance with this Section of the City Code. Subd. 3 License Application The application for a license under this Section shall be made on a form supplied by the City Clerk containing the following information: A. The full name,current address,home and business phone of the applicant. B. Whether the applicant is a natural person,corporation,partnership or other form of organization. C. Whether all real estate and personal property taxes that are due and payable for the premise to be licensed have been paid,and if not paid,the years and amounts that are unpaid. D. The location where the pet store will be operated. E. Such other information as the City Clerk deems necessary. F. Description of the operation including, but not limited to, the type and number of animals, animal shelter and restraints,and copies of applicable rabies vaccination information. G. Evidence of liability insurance amount of at least$1,000,000 per occurrence for bodily injury. Subd. 4 License Fee 4321146 RJR SH155-23 The fee for a pet store license shall be set forth by a separate ordinance. The license shall be effective as long as the licensee is in compliance with the provisions within this Section. Subd.5 License Application Execution,Verification and Consideration A. Execution. All applications for a license under this Section shall be signed and sworn to. If the application is that of a natural person, it shall be signed and sworn to by such person; if that of a corporation, by an officer thereof; if that of a partnership, by one of the general partners; and if that of an unincorporated association,by the manager or managing officer thereof. B. Verification. All applications shall be subject to verification and investigation of the facts set forth in the application. The City is Clerk is authorized to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. C. Consideration. Within a reasonable period after the completion of the license verification process,the City Council shall accept or deny the license application in accordance with this Section. If the application is denied,the City Council shall notify the applicant of the determination in writing. Subd. 6 Persons and Locations Ineligible for a License A. Persons Ineligible. No license under this Section shall be issued to an applicant if such applicant: 1. Is not eighteen(18)years of age or older on the date the license application is submitted to the City Council; 2. Has been convicted of any crime directly related to the occupation licensed, including but not limited to cruelty to animals, as prescribed by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation as prescribed by Minnesota Statutes, Section 364.03,subdivision 3; 3. Is not a citizen of the United States,a resident alien,or does not have the legal authority to be employed in the United States; 4. Is not of good moral character or repute; 5. Has knowingly falsified or misrepresented information on the license application; 6. Owes taxes and assessments to the State, County, School District or City that are due and delinquent;or 7. Is not the real party in interest of the business being licensed. 432114v6 RJR SH155-23 B. Locations Ineligible.The following locations shall be ineligible for a license under this Section: 1. Taxes Due on Property. No license shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the State, County, School District, or City are past due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Sections 278.01-278.13,questioning the amount or validity of taxes, the City Council may on application waive strict compliance with this provision;no waiver may be granted,however,for taxes or any portion thereof which remain unpaid for a period exceeding one(1)year after becoming due. 2. Improper Zoning.No license shall be granted if the property is not properly zoned. 3. Space Not Suitable. No license shall be granted if the property or building is not suitable for a pet store due to size, configuration, location, design or other site characteristics that is likely to create a nuisance to adjoining property users or significantly impair the ability of the licensee to comply with the provisions of this Section. Subd. 7 Health and Welfare Regulations A. Diseased Animals. The pet store licensee must not possess or offer for sale, any animal afflicted with an infectious disease. B. Floor Requirements. The floors of a pet store shall be non-absorptive, monolithic construction and must be kept in a clean and sanitary condition and in good repair. For large animals where it would be detrimental to the animal's health to stand for prolonged periods on hard nonabsorbent floors, alternate approved flooring, such as rugs that may be removed and laundered, may be allowed. C. Walls and Ceilings. Walls and ceilings of a pet store shall be kept clean, sanitary, and in good repair. D. Confinement. All cages, pens, benches, boxes, tanks, or receptacles in which animals are confined shall be easily cleanable, durable and constructed of non-corrosive material and maintained in good repair. Such cages and pens shall also be properly sufficient and humane in size for the confinement of such animals. E. Ventilation.All rooms in a pet store shall be mechanically ventilated and meet all standards of the Uniform Mechanical Code. A negative pressure must be maintained to prevent odors and organisms from entering the adjacent businesses or departments. Provisions shall be made for pre-heated replacement air. F. Delivery Requirements. All delivery trucks transporting animals to and from the pet store shall be kept clean and sanitary. G. Feeding of Animals. All utensils used in the preparation of food and the feeding of animals shall be kept clean, sanitary and in good repair; and the use of the utensils for such purpose which are badly worn,rusted,or corroded,or in such condition that they cannot be clean and sanitary is prohibited. 432114v6 RJR SH155-23 H. Humane Treatment of Animals. Any animal in the pet store shall be handled and treated in a humane manner by the owner, operator and employees of the pet store. All state laws governing cruelty to animals and humane treatment of animals shall be adhered to and all operations must enhance or maintain the health and welfare of all animals in the establishment. I. Location of Animals. Where the licensee keeps animals for sale or display, all animals shall be kept entirely within an enclosed building and no animals shall be kept or maintained outdoors. Exterior walking or exercise areas shall be maintained free of wastes and other litter, and all wastes should be removed and disposed of in an approved manner immediately. J. Infectious Diseases. All animals subject to distemper and infectious hepatitis must be inoculated prior to delivery to the pet store by a licensed veterinarian, and the pet store owner or operator must maintain valid proof of such inoculation. Primates must have a yearly tuberculin test. K. Size Requirements. The pet store must include a room of sufficient size to contain an approved sink with hot and cold running water under pressure, for the purpose of storing janitorial supplies, and equipment used to maintain the premises in a clean and sanitary manner. L. Disposal of Wastes. All animal wastes must be disposed of in a timely and sanitary manner. In no event shall there be an accumulation of waste beyond twenty-four(24)hours. In public areas during exhibition, all wastes must be disposed of immediately or, at minimum, such waste to be stored in an approved container with tight fitting lids and disposed of in an approved sanitary manner at the end of the day. Subd. 8 Sanctions for License Violations A. Suspension or Revocation.The City Council may suspend or revoke a license issued pursuant to this Section for a violation of: 1. Fraud, misrepresentation, or false statement contained in a license application or a renewal application. 2. Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. 3. Any violation of this Section or state law. 4. A licensee's criminal conviction that is directly related to the occupation or business licensed, including but not limited to cruelty to animals,as defined by Minnesota Statutes, Section 364.03, subdivision 2,provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform duties of the licensed occupation or business as defined by Minnesota Statutes,Section 364.03,subdivision 3. 5. Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health,safety, or general welfare of the community. 4321146 RJR S111 55-23 B. Notice and Hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least ten(10)days'notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. Subd.9 License Regulations A. Posting of License. The license issued pursuant to this Section shall be conspicuously displayed at the pet store. B. Insurance. No license shall be issued or continued in operation unless there is in full force and effect a liability insurance policy in the amount of at least$1,000,000 per occurrence for bodily injury. C. Licensed Premises. A license issued pursuant to this Section is effective only for the compact and contiguous space specified in the approved license application. D. Transfer of License Prohibited. A license issued pursuant to this Section is for the person and the persons named on the approved license application.No transfer of a license shall be permitted. from place to place or from person to person without complying with the requirements of an original license application. Subd. 10 Penalty A violation of this Section shall be a misdemeanor under Minnesota law. Section 2.-Effective Date. This ordinance becomes effective from and after its passage and publication. Section 3. The City Council determines that publication of the title and a summary of this ordinance will clearly inform the public of the intent and effect of the ordinance. The City Council approves the text of the summary of this ordinance and directs that only the title of the ordinance and a summary be published. Passed in regular session of the City Council of the City of Shakopee,Minnesota held this P day of October,2013. Mayor of the City of Shakopee Attest: City Clerk 4321146 RJR SH155-23 ORDINANCE NO. 874, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE,MINNESOTA, AMENDING THE CITY'S ADOPTED 2013 FEE SCHEDULE TO ADD A PET STORE LICENSE FEE THE CITY COUNCIL OF THE CITY OF SHAKOPEE,MINNESOTA,ORDAINS: WHEREAS, the City Council adopted Ordinance Number 874, requiring pet stores to be licensed by the City; WHEREAS, Ordinance Number 874 requires pet stores to pay a license fee before obtaining a license; and WHEREAS, the City Council has determined that it is desirable to modify the 2013 Fee Schedule in order to add the amount of the license fee to be charged by the City for a pet store license. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Shakopee that the Adopted 2013 City Fee Schedule is amended to add the following: Pet Store License Fee $100.00 Adopted in regular session of the City Council of the City of Shakopee, Minnesota held this 1 st day of October,2013. Mayor of the City of Shakopee ATTEST: City Clerk Published in the Shakopee Valley News on 432429v1 JJTSH155-23 Official Summary of Ordinance No. 873 The following is the official summary of Ordinance No. 873 Fourth Series, Approved by the City Council of the City of Shakopee, Minnesota on October 1, 2013 ORDINANCE NO. 873 FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE ADDING SECTION 6.46 TO THE SHAKOPEE CITY CODE REGARDING PET STORE LICENSING AND REGULATION 1. The ordinance amends the City Code to add a licensing requirement for pet stores that offer animals for sale or adoption. 2. The ordinance sets forth the standards for obtaining a pet store license and health and welfare standards that must be met to maintain a pet store license. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library.