SECTION 1. Section 39A of chapter 129 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by inserting, in line 1, before the word “Every”, the following letter:- (a).
SECTION 2. Said section 39A, as so appearing, is hereby further amended by striking out, in line 13, the word “section”, and inserting in place thereof the following word:- subsection.
SECTION 3. Said section 39A, as so appearing, is hereby further amended by inserting after subsection (a) the following 4 subsections:-
(b) No person engaged in the business of operating a pet shop for which a license must be obtained pursuant to subsection (a) shall sell or offer for sale a dog, cat, or rabbit.
(c) Subsection (b) shall not be construed to prohibit a pet shop from offering space to an animal rescue or shelter organization to showcase dogs, cats, or rabbits for adoption; provided, however, that the pet shop shall not have an ownership interest in the animals offered for adoption.
(d) Nothing in subsections (b) or (c) shall affect the authority of any town, city, or other locality to regulate or prohibit the sale of dogs, cats, or rabbits consistent with this section.
(e) Notwithstanding the provisions of section 43 of this chapter, a person who violates subsection (b) of this section shall be: (i) assessed a civil penalty of not more than $1,000 for the first offense, not more than $2,500 for the second offense, and not more than $5,000 for third and subsequent offenses; and (ii) subject to suspension or revocation of the person’s pet shop license. Each advertisement or offer for sale or actual sale of an animal in violation of subsection (b) shall constitute a separate violation.
SECTION 4. This act shall take effect 90 days after its passage.
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