Would a ban on the sale of puppies & kittens in Lexington force pet stores to close?

A ban on the sale of dogs and cats in Lexington pet stores moved forward Tuesday despite concerns from two pet stores that claimed the restriction would mean they would have to close.

The Lexington-Fayette Urban County Council voted 13-1 Tuesday to move the ban forward to the council meeting agenda. The ordinance will get its first reading during Thursday night’s council meeting. A final vote will likely come in June.

Multiple cities have enacted similar local ordinances aimed at stopping puppy mills, or prolific commercial breeders who sell to some pet stores. In Kentucky, Louisville, Elizabethtown and Radcliff have enacted similar sales bans. Those Kentucky cities are among 492 cities nationwide which have ordinances halting the retail sale of cats and dogs.

The Humane Society of the United States has pushed the commercial sales ban. It would not affect the sale of other types of pets including reptiles, fish and birds, according to the ordinance.

It also would not prohibit dog and cat breeders from selling directly to customers. People would still be able to adopt from rescue organizations such as the Lexington Humane Society.

If passed, stores in violation of the ordinance would face a $500 fine. Pet stores would have until Nov. 1 to come into compliance. Lexington Animal Control would enforce the ordinance. Animal Control already inspects pet stores if there is a complaint.

The ordinance would also prohibit the sales of cats and dogs at flea markets, public streets or parking lots.

Vice Mayor Dan Wu said he supported the ordinance because of testimony showing conditions of many puppy mills and because of pet overpopulation. As a former small business owner, he said he also understands that it will cost some small business owners.

Councilwoman Denise Gray made a motion to table the ordinance because there were some questions about enforcement. That motion ultimately failed 8-6.

Councilman Fred Brown was the council member who voted against the ordinance. Brown had made a motion to remove the prohibition of sale of cats and dogs in flea markets, parking lots or public spaces. That motion ultimately failed.

Stores say ban would have dire consequences

Two Lexington pet stores that sell cats and dogs urged the council Tuesday not to move the ordinance forward.

Richard Getty, a lawyer who represents Petland, asked the council to delay passage of the ordinance so they could talk to the council more about implementing regulations of breeders rather than an outright ban.

Petland “only does business with breeders with the highest standards,” Getty said.

Elizabeth Kunzelman, vice president of legislative affairs for the company, said Petland would likely have to close its Lexington location if the ban takes effect.

“This would force another small business that is following all local, state and federal laws to shut down,” Kunzelman said in an email. “We respect local control and request that you allow our small business to operate so long as they are following all the applicable laws.”

Petland’s store on Richmond Road opened two years ago and employs 30 people. It’s a puppy-only location, Kunzelman said. Kunzelman said instead of banning the sale of cats and dogs at pet stores, Lexington should look at stepping up requirements on sourcing standards for where those puppies come from.

The other Lexington pet store that sells puppies is Most Valuable Pets in Beaumont Centre. Officials with MVP also said Tuesday they would also likely have to close if the ban moves forward.

Other Lexington pet stores work with rescue groups to offer animals for adoption.

Todd Blevins, state director of the Humane Society of the United States, said pet stores frequently threaten that they will have to close when faced with sales bans. They won’t have to close, he said. They would just have to stop selling cats and dogs, he said during an April council committee meeting.

Blevins said Tuesday more than 80 animal welfare and other groups in Kentucky have signed on in support of the ordinance. Only two pet stores have lobbied to stop the bill. The vast majority of people support the ban, Blevins said.

Blevins also dismissed Petland’s request for the council to delay passage of the ordinance. The council began talking about the sales ban in December, he said.

Petland pushed a bill in the Kentucky General Assembly during the legislative session that prohibited local governments from enacting pet store sales bans and required pet stores to sell cats and dogs from qualified breeders or rescue groups, Blevins said. It had few regulations, he said, and the bill did not pass.