54-627 License requirements; fees; renewal; premises available for inspection. - Nebraska Statutes

54-627. License requirements;fees; renewal; premises available for inspection.(1)A person shall not operate as a commercial breeder, a dealer, a boarding kennel,an animal control facility, ananimal shelter, or, beginningOctober 1, 2010, an animal rescue unless the person obtains theappropriate license as a commercial breeder, a dealer, a boardingkennel, an animalcontrol facility, an animal shelter, or, beginning October 1, 2010, an animalrescue. If a licensee is operating as an animal shelter as of July 15, 2010,he or she may apply for licensure as an animal rescue before October 1, 2010,and shall not be required to pay any licensing fee until October 1, 2010.A person shall not operate as a pet shop unless the person obtains a licenseas a pet shop. A pet shop shall only be subject to the Commercial Dog andCat Operator Inspection Act and the rules and regulations adopted and promulgatedpursuant thereto in any area or areas of the establishment used for the keepingand selling of pet animals. If a facility listed in this subsection is notlocated at the owner's residence, the name and address of the owner shallbe posted on the premises.(2) An applicant for a license shall submit an applicationfor the appropriate license to the department, on a form prescribed by thedepartment, together with the annual license fee. Such fee is nonreturnable.Upon receipt of the application and annual license fee and upon completionof a qualifying inspection if required pursuant to section 54-630 for an initiallicense applicant or if a qualifying inspection is deemed appropriate by thedepartment before a license is issued for any other applicant, the appropriatelicense may be issued by the department. Such license shall not be transferableto another person or location.(3)(a) Except as otherwise provided in this subsection, theannual license fee shall be determined according to the following fee schedulebased upon the daily average number of dogs or cats housed by the licenseeover the previous annual licensure period:(i) Ten or fewer dogs or cats, one hundred fifty dollars;(ii) Eleven to fifty dogs or cats, two hundred dollars;(iii) Fifty-one to onehundred dogs or cats, two hundred fifty dollars;(iv) One hundred one to one hundredfifty dogs or cats, three hundred dollars;(v) One hundred fifty-one to two hundred dogs or cats,three hundred fifty dollars;(vi) Two hundred one to two hundred fifty dogs orcats, four hundred dollars;(vii) Two hundred fifty-one to three hundred dogsor cats, four hundred fifty dollars;(viii) Three hundred one to three hundred fifty dogsor cats, five hundred dollars;(ix) Three hundred fifty-one to four hundred dogsor cats, five hundred fifty dollars;(x) Four hundred one to four hundred fifty dogs orcats, six hundred dollars;(xi) Four hundred fifty-one to five hundred dogs orcats, six hundred fifty dollars; and(xii) More than fivehundred dogs or cats, twothousand dollars.(b) The initial license fee for any person required to belicensed pursuant to the act shall be one hundred twenty-five dollars.(c) The annual license fee for a licensee that does not housedogs or cats shall be one hundred fifty dollars.(d) The annuallicense fee for an animal rescue shall be one hundred fifty dollars.(e) The fees charged underthis subsection may be increased or decreased by the director after a publichearing is held outlining the reason for any proposed change in the fee. The maximum fee that may be charged shallnot result in a fee for any license category that exceeds the license feeset forth in this subsection by more than one hundred dollars.(4) A license to operate as a commercial breeder, a licenseto operate as a dealer, a license to operate as a boarding kennel, or a licenseto operate as a pet shop shall be renewed by filing with the department on or before April 1 of eachyear a renewal application and the annual license fee. A license to operateas an animal control facility,animal rescue, or animal shelter shall be renewed by filing withthe department onor before October 1 of each year a renewal application and theannual license fee. Failure to renew a license prior to the expiration ofthe license shall result in a late renewal fee equal to twenty percentof the annual license fee due and payable each month, not to exceed one hundredpercent of such fee, in addition to the license fee. The purpose of the laterenewal fee is to pay for the administrative costs associated with the collectionof fees under this section. The assessment of the late renewal fee shall notprohibit the director from taking any other action as provided in the act.(5) A licensee under this section shall make its premisesavailable for inspection pursuant to section 54-628 during normal businesshours.(6) The state or any political subdivision of the state whichcontracts out its animal control duties to a facility not operated by thestate or any political subdivision of the state may be exempted from the licensingrequirements of this section if such facility is licensed as an animal controlfacility, animal rescue, oranimal shelter for the full term of the contract with the state or its politicalsubdivision.(7) Any feescollected pursuant to this section shall be remitted to the State Treasurerfor credit to the Commercial Dog and Cat Operator Inspection Program CashFund. SourceLaws 2000, LB 825, § 3; Laws 2003, LB 233, § 2; Laws 2003, LB 274, § 3; Laws 2004, LB 1002, § 2; Laws 2006, LB 856, § 14; Laws 2007, LB12, § 2; Laws 2009, LB241, § 3; Laws 2010, LB910, § 6.