A BILL TO BE ENTITLED
AN ACT to require owners and operators of specialty markets where dogs or cats are sold or given away to obtain a certificate of registration from, and pay a registration fee to, the department of revenue; to require the department of revenue to provide notification of the registration to the sheriff or chief of police of the jurisdiction where the specialty market is located; and to require these specialty markets to meet the standards applicable to pet shops.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 66‑252 reads as rewritten:
"§ 66‑252.  Display and possession of certificate of registration.
(a)	When Required. – A person who sells tangible personal property at a specialty market, other than the person's own household personal property, is considered a retailer under G.S. 105‑164.4 and must obtain a certificate of registration from the Department of Revenue before the person may engage in business. An itinerant merchant must keep the merchant's certificate of registration conspicuously and prominently displayed, so as to be visible for inspection by patrons of the itinerant merchant at the places or locations at which the goods are to be sold or offered for sale. A peddler must carry the peddler's certificate of registration when the peddler offers goods for sale and must produce the certificate upon the request of any customer, State or local revenue agent, or law enforcement agent. A specialty market vendor must keep the certificate of registration conspicuously and prominently displayed, so as to be visible for inspection by patrons of the specialty market vendor at the places or locations at which the goods are to be sold or offered for sale. A specialty market operator must have its certificate of registration, if any, available for inspection during all times that the specialty market is open and must produce it upon the request of any customer, State or local revenue agent, or law enforcement agent.
(a1)	Registration of Specialty Markets That Permit the Sale or Transfer of Dogs and Cats. – The operator of a specialty market where dogs or cats are sold or given away shall, prior to the sale or transfer of a dog or cat, obtain a certificate of registration from the Department of Revenue as required by this section. An operator of a specialty market shall pay a fee of one hundred dollars ($100.00) to the Department of Revenue for a certificate of registration under this subsection. The Department of Revenue shall send a copy of the certificate of registration to the sheriff of the county in which the specialty market is located or, if the specialty market is located in a city, to the chief of police of the city.
(b)	Compliance. – The requirement that a certificate of registration be displayed is satisfied if the vendor displays either of the following:
(1)	A copy of the certificate.
(2)	Evidence that the certificate has been applied for and the applicable registration fee has been paid within 30 days before the date the certificate was required to be displayed."
SECTION 2.  Article 32 of Chapter 66 of the General Statutes is amended by adding a new section to read:
"§ 66‑254.2.  Sale or transfer of dogs and cats.
(a)	A specialty market where dogs or cats are sold or given away shall meet the standards applicable to pet shops under Chapter 19A of the General Statutes but shall not be required to be licensed under that Chapter. No owner or operator of a specialty market shall allow the sale or transfer of a dog or cat in violation of this section.
(b)	This section may be enforced by any justice officer, as defined in G.S. 17E‑2, or by any criminal justice officer, as defined in G.S. 17C‑2, who has territorial jurisdiction over the site of the violation.(c)	Any person who violates this section shall be guilty of a Class 3 misdemeanor."
SECTION 3.  This act becomes effective 1 December 2007 and applies to offenses committed on or after that date.