- It shall be unlawful for any person to act as a pet dealer or operate a kennel, stable, or animal shelter unless such person has a valid license issued by the Commissioner of Agriculture. Any person acting without a license in violation of this subsection shall be guilty of a misdemeanor.
- The Commissioner shall license pet dealers and kennel, stable, and animal shelter operators under the applicable provisions of Chapter 5 of Title 2, the “Department of Agriculture Registration, License, and Permit Act.”
- Licenses shall be issued for a period of one year and shall be annually renewable. The Commissioner may establish separate classes of licenses, including wholesale and retail licenses. The Commissioner may establish different fees for the different classes of licenses established, but the annual fee for any such license shall be at least $50.00 but shall not exceed $400.00.
(c.1) (1) (A) For the period beginning on July 1, 2021, and ending on June 30, 2031, fees identified in subsection (c) of this Code section shall be renewed and, under the authority granted and subject to the conditions imposed by Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, no more than $50,000.00 of such collected fees shall be dedicated to the Local Government Companion Animal Trust Fund as provided for in subparagraph (B) of this paragraph, provided that the total amount of funds in such fund at any time shall not exceed $200,000.00, and such amounts shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c) of the Constitution of Georgia.
- Applications for licenses shall be on a form furnished by the Commissioner and, together with such other information as the Commissioner shall require, shall state:
- The name of the applicant;
- The business address of the applicant;
- The complete telephone number of the applicant;
- The location of the pet dealership, kennel, stable, or animal shelter;
- The type of ownership of the pet dealership, kennel, stable, or animal shelter; and
- The name of the owner or, if a partnership, firm, corporation, or other entity, the name of the partners or stockholders.
- Notwithstanding the provisions of subsection (c) of this Code section, the license fees fixed pursuant to subsection (c) of this Code section shall be increased by 100 percent for the renewal of any license which is not renewed within ten days following the expiration date of the license or for the issuance of a new license to any person who has failed to apply for a license within ten days following the date on which written notice of the need for such license has been given to such person by the Commissioner or his authorized representative.
(B) There is established the Local Government Companion Animal Trust Fund as a separate fund of the department. The department shall accept applications from qualified local governments as defined in paragraph (18) of subsection (a) of Code Section 50-8-2 for reimbursement of expenses incurred by such local governments impounding more than 29 dogs or cats or more than nine equines as part of any investigation of a violation of Code Section 4-11-9.2, 16-12-4, or 16-12-37, or otherwise providing care for more than 29 dogs or cats or more than nine equines impounded pursuant to this article or local ordinance. The department shall provide reimbursement to such local governments of such expenses as it deems reasonably and appropriately incurred.
(2) (A) The Commissioner shall administer the provisions of this subsection and shall prepare, by February 1 of each year, an accounting of the funds received and expended pursuant to this subsection. The report shall be made available to the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee.
(B) The Commissioner shall retain annually up to $10,000.00 of the funds collected pursuant to this subsection to offset the costs to the state of implementing and administering this subsection.
(3) The department shall promulgate rules and regulations as necessary to implement the provisions of this subsection.
(4) This subsection shall stand repealed and reserved on July 1, 2031.
History. Code 1981, § 4-11-3 , enacted by Ga. L. 1986, p. 628, § 1; Ga. L. 1990, p. 328, § 1; Ga. L. 1990, p. 1650, § 2; Ga. L. 1992, p. 1122, § 1; Ga. L. 2010, p. 9, § 1-17/HB 1055; Ga. L. 2021, p. 682, § 1/HB 574; Ga. L. 2022, p. 352, § 4/HB 1428.
The 2021 amendment, effective July 1, 2021, in subsection (c), deleted the former third sentence, which read: “The Commissioner shall fix fees for licenses so that the revenue derived from licenses shall approximate the total direct cost of administering this article.” and deleted the former fifth sentence, which read: “Any fees collected pursuant to this Code section shall be retained pursuant to the provisions of Code Section 45-12-92.1.”; and added subsection (c.1).
The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, substituted “nine equines” for “9 equines” twice in subparagraph (c.1)(1)(B).
Editor’s notes.
Ga. L. 2021, p. 682, § 2/HB 574, not codified by the General Assembly, provides that: “In accordance with the requirements of Article III, Section IX, Paragraph VI(r) of the Constitution of Georgia, this Act shall not become law unless it receives the requisite two thirds’ majority vote in both the Senate and the House of Representatives and the amount of the funds dedicated by this Act do not equal or exceed 1 percent of the previous fiscal year’s state revenues subject to appropriations.”