LFUCG committee to discuss proposed ban on retail sales of cats and dogs

LEXINGTON, Ky. (ABC36 NEWS NOW) – The Social Services and Public Safety (SSPS) Committee of the Lexington-Fayette County Urban Government Council will look into a proposed ordinance today (4/09), that would ban the sale of dogs and cats in retail stores.

According to the proposal, retail pet stores would be prevented from selling dogs and cats, leaving local options for them only from the Lexington Humane Society, non-profit pet rescues, and individual breeders selling directly to the public.

The proposed ordinance, if it passes, would subject pet stores found in violation, to a $500 fine for each reported sale of a cat or dog.

According to officials, nearly 500 communities nationwide have passed similar ordinances.

Officials say the ordinance would not affect the sale of other pets such as gerbils, hamsters, reptiles, snakes, or fish.

ABC36 NEWS NOW received the following email from Petland, Inc., in response to the proposed ordinance:

Good morning,

I am writing to make you aware of a proposed retail pet sale ban in Lexington that will be discussed in the Social Services and Public Safety committee meeting today at 1 pm. We have tried to reach out to the councilmembers to discuss alternatives, but have gotten no response. We have also tried to reach out to local shelters and rescues and offer assistance and were told to take our business elsewhere. This ordinance will force our store to close. Below is the email I sent this morning to all councilmembers. Attached is information about Purdue University’s Canine Care Certified program and a debunking of the slide presentation HSUS will be using today.

We are not permitted to speak at the meeting today to defend our business.

Good morning Councilmembers,

My name is Elizabeth Kunzelman and I am the vice president for legislative and public affairs at Petland. I have been working with the Kentucky legislature on sourcing standards to protect our small businesses after Louisville recently passed a retail pet sale ban. Our franchisees had signed a long-term lease in Louisville and the ban preventing us from fulfilling our lease obligation and leaving employees that solely moved to Kentucky to work at Petland without jobs.

I am writing you today because Petland has a fairly new location in Lexington and we read Saturday about proposed legislation to ban the sale of pets in pet stores. This would force another small business that is following all local, state and federal laws to shut down. We respect local control and request that you allow our small business to operate so long as they are following all the applicable laws. I am providing background about our business practices below and would appreciate it if you have time to meet in person or via zoom.

I also reviewed the powerpoint that HSUS will be presenting today at the Social Services and Public Safety Committee and was stunned by the amount of inaccuracies. I have provided some information that addresses the presentation and I ask that you please review prior to your meeting. I hope to have an opportunity soon to speak with you and answer any questions you may have.

Our location in Lexington is accredited by the BBB and rated A+. This is a puppy-only location. We have invested tens of thousands of dollars into the community since opening two years ago. In addition to the 30 local employees, there is a lease commitment through 2031. A ban would force immediate closure of the store.

We believe implementing sourcing standards and protections is a logical, sensible option that not only prevents pet stores from buying from unregulated breeders, but also keeps small businesses open and keeps state consumer protections in place. We would commit to only sourcing from Purdue University’s Canine Care Certified Breeders if you would consider implementing a sourcing standard instead of a ban. And beginning July 1st, every large breed puppy sold in Lexington will have OFA certification (orthopedic genetic testing).

We would also be willing to donate $5 from every puppy sold to the Lexington Humane Society or a local rescue of the city’s choice. We have reached out to both the Lexington Humane Society and Paws4theCause to try to work out ways we could help to include monetary donations, supplies, gift cards for families that adopt, adoption days, etc. and were told by both they had no interest in working with us and we could take our business elsewhere.

Our business model is selling pets, not supplies. We cannot compete on supplies alone with big box chains like Petsmart and Petco, who each have about 1500 stores (in comparison to our 91). The pet supply market is becoming oversaturated with Walmart, Chewy, Amazon, Tractor Supply and other retailers jumping on board.

In addition, our kennels are not built for adult, large breed dogs. These ordinances typically demand that pet stores can only house rescues, but cannot make any money. In a store like Lexington, that would mean that 75% of the retail space would not make any money, which makes it impossible to fulfill payroll, lease and utility obligations.

Our stores get their puppies from USDA licensed breeders with no direct violations on their inspection reports for the previous two years. They adhere to local, state, and federal regulations and hold themselves to even higher standards by supporting Purdue University and their Canine Care Certified Breeder program.  We are willing to do more.

Animal Rights activists promote and push retail pet sale bans to eliminate “mills.”  However, not a single “puppy mill” has closed due to the passage of any pet store ban.

Instead, pet store bans actually promote the use of underground pet trading- we know this because it’s what happened in California after they banned pet stores – 93% of the stores selling puppies went out of business; 17 of the 21 animal and consumer protection provisions were eliminated and reported puppy scams increased by 350%. And today, puppies are crossing the border from Mexico regularly to satisfy demand.

Banning pet stores doesn’t stop puppy mills, it fuels them. Eliminating a licensed, regulated source opens the floodgates for the black market, unregulated, REAL puppy mills to prey on customers through online portals, Craig’s List, local advertising, flea markets and parking lots. These mills fly under the radar, are not licensed by the state or the USDA and are not subject to any inspections or standards.

We believe responsible independent businesses should be given the right to conduct business in a free market economy. We believe in all the consumer protection provisions that customers of a brick and mortar are afforded.

I’ve attached some information about Purdue University’s rigorous Canine Care Certification program for commercial breeders.

Again, kindly let me know if you are available for a call/zoom as soon as possible to discuss some alternatives?

Sincerely,

Elizabeth

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