Illinois Compiled Statutes
Chapter 225 - PROFESSIONS, OCCUPATIONS, AND BUSINESS OPERATIONS
225 ILCS 605/ - Animal Welfare Act.

(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 at retail to the public. 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.
"Boarding" means a time frame greater than 12 hours or an overnight period during which an animal is kept by a kennel operator.
"Cat breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge cats that he or she 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 cat breeder.
"Dog breeder" means a person who sells, offers to sell, exchanges, or offers for adoption with or without charge dogs that 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 dog breeder.
"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 having tax-exempt status under Section 501(c)(3) of the Internal Revenue Code for the purpose of providing for and promoting the welfare,
protection, and humane treatment of animals. An organization that does not have its own building that maintains animals solely in foster homes or other licensees is an "animal shelter" for purposes of this Act. "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.
"Day care operator" means a person who operates an establishment, other than an animal control facility, veterinary hospital, or animal shelter, where dogs or dogs and cats are kept for a period of time not exceeding 12 hours.
"Foster home" means an entity that accepts the responsibility for
stewardship of animals that are the obligation of an animal shelter or animal control facility, not to
exceed 4 foster animals or 2 litters under 8 weeks of age at any given time. A written agreement to operate as a "foster home"
shall be contracted with the animal shelter or animal control facility.
"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.
"Return" in return to field or trap, neuter, return program means to return the cat to field after it has been sterilized and vaccinated for rabies.
"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.
"Owner" means any person having a right of property in an animal, who keeps or harbors an animal, who has an animal in his or her care or acts as its custodian, or who knowingly permits a dog to remain on any premises occupied by him or her. "Owner" does not include a feral cat caretaker participating in a trap, spay
euter, vaccinate for rabies, and return program.
"Offer for sale" means to sell, exchange for consideration, offer for adoption, advertise for the sale of, barter, auction, give away, or otherwise dispose of animals.
(Source: P.A. 101-81, eff. 7-12-19; 101-295, eff. 8-9-19; 102-586, eff. 2-23-22.)
 
(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, dog breeder, or cat breeder 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. 100-842, eff. 1-1-19.)
 
(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, day care operator, dog breeder, or cat breeder
or operate a guard dog service, an animal control
facility, or animal shelter, in this State without a license therefor issued by
the Department. If one business conducts more than one such operation, each operation shall be licensed separately. 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. 100-842, eff. 1-1-19; 101-295, eff. 8-9-19.)
 
(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, dog breeder, or cat breeder. Every dog dealer, dog breeder, and cat breeder shall provide the following
information for every dog or cat available for sale:
 
(225 ILCS 605/3.2)
Sec. 3.2. Foster homes. A person shall not operate a foster home without affiliating by formal written agreement with an animal shelter or animal control facility for which that person will operate the foster home. The written agreement shall include a clause allowing for the Department to inspect the foster home. The animal shelter or animal control facility shall be responsible for the records and have the obligation of stewardship for animals in the foster home with which it affiliates.
Foster homes shall provide the care for animals
required by this Act and shall report any deviation that might affect its adherence to its written agreement with the affiliating animal shelter or animal control facility. If the subject of a complaint, a foster home may be inspected by the Department under the Department's licensing authority relative to the affiliating animal shelter or animal control facility. Refusal of the Department's inspection may result in revocation of the license.
A foster home shall not care for more than 4 foster animals or more than 2 litters under 8 weeks of age at any one time.

(Source: P.A. 100-870, eff. 1-1-19; 101-295, eff. 8-9-19.)
 
(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 adopt out or return to field any 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 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. 101-295, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
(225 ILCS 605/3.4)
Sec. 3.4. Transfer of animals between shelters. An animal shelter or animal control facility may not release any animal to an individual representing an animal shelter or animal control facility, unless (1) the recipient animal shelter or animal control facility has been licensed or has a foster care permit issued by the Department or (2) the individual is a representative of a not-for-profit, out-of-State organization or out-of-State animal control facility or animal shelter who is transferring the animal out of the State of Illinois.

(Source: P.A. 99-310, eff. 1-1-16; 100-870, eff. 1-1-19.)
 
(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:
(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:
(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 605/3.6)
Sec. 3.6. Acceptance of stray dogs and cats.
(a) No animal shelter may accept a stray dog or cat unless the animal is reported by the shelter to the animal control or law enforcement of the county in which the animal is found by the next business day. An animal shelter may accept animals from: (1) the owner of the animal where the owner signs a relinquishment form which states he or she is the owner of the animal; (2) an animal shelter licensed under this Act; or (3) an out-of-state animal control facility, rescue group, or animal shelter that is duly licensed in their state or is a not-for-profit organization.
(b) When stray dogs and cats are accepted by an animal shelter, they must be scanned for the presence of a microchip and examined for other currently-acceptable methods of identification, including, but not limited to, identification tags, tattoos, and rabies license tags. The examination for identification shall be done within 24 hours after the intake of each dog or cat. The animal shelter shall notify the owner and transfer any dog with an identified owner to the animal control or law enforcement agency in the jurisdiction in which it was found or the local animal control agency for redemption.
(c) If no transfer can occur, the animal shelter shall make every reasonable attempt to contact the owner, agent, or caretaker as soon as possible. The animal shelter shall give notice of not less than 7 business days to the owner, agent, or caretaker prior to disposal of the animal. The notice shall be mailed to the last known address of the owner, agent, or caretaker. Testimony of the animal shelter, or its authorized agent, who mails the notice shall be evidence of the receipt of the notice by the owner, agent, or caretaker of the animal. A mailed notice shall remain the primary means of owner, agent, or caretaker contact; however, the animal shelter shall also attempt to contact the owner, agent, or caretaker by any other contact information, such as by telephone or email address, provided by the microchip or other method of identification found on the dog or cat. If the dog or cat has been microchipped and the primary contact listed by the chip manufacturer cannot be located or refuses to reclaim the dog or cat, an attempt shall be made to contact any secondary contacts listed by the chip manufacturer or the purchaser of the microchip if the purchaser is a nonprofit organization, animal shelter, animal control facility, pet store, breeder, or veterinary office prior to adoption, transfer, or euthanization. Prior to transferring any stray dog or cat to another humane shelter, pet store, rescue group, or euthanization, the dog or cat shall be scanned again for the presence of a microchip and examined for other means of identification. If a second scan provides the same identifying information as the initial intake scan and the owner, agent, or caretaker has not been located or refuses to reclaim the dog or cat, the animal shelter may proceed with adoption, transfer, or euthanization.
(d) When stray dogs and cats are accepted by an animal shelter and no owner can be identified, the shelter shall hold the animal for the period specified in local ordinance prior to adoption, transfer, or euthanasia. The animal shelter shall allow access to the public to view the animals housed there. If a dog is identified by an owner who desires to make redemption of it, the dog shall be transferred to the local animal control for redemption. If no transfer can occur, the animal shelter shall proceed pursuant to Section 3.7. Upon lapse of the hold period specified in local ordinance and no owner can be identified, ownership of the animal, by operation of law, transfers to the shelter that has custody of the animal.
(e) No representative of an animal shelter may enter private property and remove an animal without permission from the property owner and animal owner, nor can any representative of an animal shelter direct another individual to enter private property and remove an animal unless that individual is an approved humane investigator (approved by the Department) operating pursuant to the provisions of the Humane Care for Animals Act.
(f) Nothing in this Section limits an animal shelter and an animal control facility who, through mutual agreement, wish to enter into an agreement for animal control, boarding, holding, measures to improve life-saving, or other services provided that the agreement requires parties adhere to the provisions of the Animal Control Act, the Humane Euthanasia in Animal Shelters Act, and the Humane Care for Animals Act.

(Source: P.A. 99-310, eff. 1-1-16; 100-322, eff. 8-24-17; 100-870, eff. 1-1-19.)
 
(225 ILCS 605/3.7)
Sec. 3.7. Redemption of stray dogs and cats from animal shelters.
Any owner, agent, or caretaker wishing to make redemption of a dog or cat held by a shelter under the provisions of subsection (c) of Section 3.6 of this Act may do so by doing the following:
The shelter has the option to waive any fees or veterinary costs.

(Source: P.A. 99-310, eff. 1-1-16.)
 
(225 ILCS 605/3.8)
Sec. 3.8. Prohibition of dogs and cats sold by pet shops; recordkeeping.
(a) A pet shop operator may offer for sale a dog or cat only if the dog or cat is obtained from an animal control facility or animal shelter, located in-state or out-of-state, that is in compliance with Section 3.9.
(b) A pet shop operator shall keep a record of each dog or cat offered for sale. The record must be kept on file for a period of 2 years following the acquisition of each dog or cat, made available to the Department upon request, and submitted to the Department on May 1 and November 1 of each year. The record shall include the following:
(c) In addition to the penalties set forth in Section 20.5, a pet shop operator that violates subsection (a) shall no longer offer for sale a dog or cat regardless of where the dog or cat was obtained.
(d) Nothing in this Section prohibits a pet shop operator from providing space to an animal control facility or animal shelter to showcase dogs or cats owned by these entities for the purpose of adoption.

(Source: P.A. 102-586, eff. 2-23-22.)
 
(225 ILCS 605/3.9)
Sec. 3.9. Animal control facilities and animal shelters supplying to pet shop operators.
(a) An animal control facility or animal shelter that supplies dogs or cats to pet shop operators to be offered for sale shall not be a dog breeder or a cat breeder or obtain dogs or cats from a dog breeder, a cat breeder, a person who resells dogs or cats from a breeder, or a person who sells dogs or cats at auction in exchange for payment or compensation.
(b) An animal control facility or animal shelter that supplies dogs or cats to pet shops to be offered for sale shall provide pet shops with documentation demonstrating compliance with this Section, including a description of the ownership history of each dog or cat supplied, if known, the circumstances that led to ownership of the dog or cat, and any other information indicating the dog or cat was not obtained from a source prohibited in this Section.

(Source: P.A. 102-586, eff. 2-23-22.)
 
(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:
(a-5) All dogs and cats shall be microchipped by a pet shop operator prior to sale.
(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:
(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 writing on 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 life-threatening 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:
(g) A customer entitled to a remedy under subsection (f) of this Section may:
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:
(j) A customer is not entitled to a remedy under this Section if:
(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:
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:
 
(225 ILCS 605/4)
Sec. 4. Applicant convictions.
(a) The Department shall not require applicants to report the following information and shall not consider the following in connection with an application for a license under this Act:
(b) The Department, upon a finding that an applicant for a license was previously convicted of any felony or a misdemeanor directly related to the practice of the profession, shall consider any evidence of rehabilitation and mitigating factors contained in the applicant's record, including any of the following factors and evidence, to determine if the conviction will impair the ability of the applicant to engage in the position for which a license is sought:
(c) If the Department refuses to grant a license to an applicant, then the Department shall notify the applicant of the denial in writing with the following included in the notice of denial:
(d) No later than May 1 of each year, the Department must prepare, publicly announce, and publish a report of summary statistical information relating to new and renewal license applications during the preceding calendar year. Each report shall show, at a minimum:
(Source: P.A. 100-286, eff. 1-1-18.)
 
(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 in a manner 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, shall report beginning inventory and intake and outcome statistics from the previous calendar year, and shall be accompanied by the required fee, which shall not be
returnable. The report of intake and outcome statistics shall include the following:
The Department shall not be required to audit or validate the intake and outcome statistics required to be submitted under this Section.
(Source: P.A. 101-295, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
(225 ILCS 605/7.1)
Sec. 7.1. Department reporting. The Department shall post on its website the name of each licensed animal control facility or animal shelter and all the reported intake and outcome statistics required under paragraphs (1) and (2) of Section 7 of this Act by December 31, 2020 and by December 31 of each year thereafter.

(Source: P.A. 100-870, eff. 1-1-19.)
 
(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:
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.
If the Department revokes a license under this Act at an administrative hearing, the licensee and any individuals associated with that license shall be prohibited from applying for or obtaining a license under this Act for a minimum of 3 years.
(Source: P.A. 99-310, eff. 1-1-16; 100-286, eff. 1-1-18.)
 
(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.)
 
(225 ILCS 605/18) (from Ch. 8, par. 318)
Sec. 18.

The licensee shall:
Inspection of the premises of a licensee to determine compliance with
this Act may be made only by the Department.

(Source: P.A. 102-558, eff. 8-20-21.)
 
(225 ILCS 605/18.1)
Sec. 18.1.
Sale or gift of reptiles and other animals.
(a) A pet shop shall not sell a reptile, offer a reptile for sale, or
offer a reptile as a gift or promotional consideration unless a notice
regarding safe reptile-handling practices that meets the requirements in
subsection (b) is (i) prominently displayed at each location in the pet shop
where reptiles are displayed, housed, or held and (ii) distributed to the
purchaser or recipient.
(b) The notice regarding safe reptile-handling practices shall be one of the
following:
(Source: P.A. 91-741, eff. 1-1-01.)
 
(225 ILCS 605/18.2)
Sec. 18.2. Fire alarm system.
(a) In this Section:
"Fire alarm system" means a system that automatically triggers notification to local emergency responders when activated.
"Staffing plan" means a plan to staff a kennel operator anytime dogs or cats are on the premises. At a minimum, a staffing plan must include the kennel operator's hours of operation, number of staff, names of staff, and the staff's contact information. The Department may adopt rules adding requirements to a staffing plan.
"Qualified fire inspector" means a local fire official or a building inspector working for a unit of local government or fire protection district who is qualified to inspect buildings for fire safety or building code compliance.
(b) A kennel operator that maintains dogs or cats for boarding and that is not staffed at all times dogs or cats are on the premises shall be equipped with at least one fire alarm system or fire sprinkler system in operating condition in every building of the kennel operator that is used for the housing of animals. The kennel operator shall certify in its license application and annually certify in its license renewal that either: (1) its facility has a fire alarm system or a fire sprinkler system, and shall include with the application or license renewal an attached description and picture of the make and model of the system used; or (2) the kennel is staffed at all times dogs or cats are on the premises, and shall include with the application or license renewal an attached staffing plan. The Department shall include this certification on each application for license or license renewal.
(c) A qualified fire inspector may inspect a kennel operator that maintains dogs and cats for boarding during the course of performing routine inspections. If, during a routine inspection, a qualified fire inspector determines that the kennel operator does not have a fire alarm system or fire sprinkler system, the inspector may inform the Department.
(d) For the purposes of this Section, veterinary hospitals, practices, or offices are not kennel operators.

(Source: P.A. 101-210, eff. 1-1-20; 102-558, eff. 8-20-21.)
 
(225 ILCS 605/19) (from Ch. 8, par. 319)
Sec. 19.

The Director may issue regulations, consistent with the provisions
of this Act, for the administration and enforcement thereof and may
prescribe forms which shall be used in connection therewith.

(Source: Laws 1965, p. 2956.)
 
(225 ILCS 605/20) (from Ch. 8, par. 320)
Sec. 20.
Any person violating any provision of this Act, other than a violation of Section 3.8 of this Act, or any rule,
regulation, or order of the Department issued pursuant to this Act is guilty of
a Class C misdemeanor and every day a violation continues constitutes a
separate offense.

(Source: P.A. 102-586, eff. 2-23-22.)
 
(225 ILCS 605/20.5)
Sec. 20.5. Administrative fines. The following administrative fines shall be imposed by the Department upon any person or entity who violates any provision of this Act or any rule adopted by the Department under this Act:
If a person or entity fails or refuses to pay an administrative fine authorized by this Section, the Department may prohibit that person or entity from renewing a license under this Act until the fine is paid in full. Any penalty of $500 or more not paid within 120 days of issuance by the Department shall be submitted to the Department of Revenue for collection as provided under the Illinois State Collection Act of 1986.
(Source: P.A. 101-295, eff. 8-9-19; 102-586, eff. 2-23-22.)
 
(225 ILCS 605/21) (from Ch. 8, par. 321)
Sec. 21.
The following fees shall accompany each application for a license,
which fees shall not be returnable:
(Source: P.A. 101-295, eff. 8-9-19; 102-558, eff. 8-20-21.)
 
(225 ILCS 605/22) (from Ch. 8, par. 322)
Sec. 22.


All fees and other money received by the Department under this Act shall
be paid into the General Revenue Fund in the State Treasury.

(Source: Laws 1965, p. 2956.)

Structure Illinois Compiled Statutes