Law

TAX ON ADVERTISEMENT OF SALE OF ANIMALS BILL, ARRANGEMENTS OF CLAUSES

Clauses

PART I; PRELIMINARIES

Preamble

Definitions

PART II; GENERAL PRINCIPLES

Scope of the ACT

Seller requirements

Advertiser conditions

Permit requirements and Eligibility for a permit

Exemptions

Penalties

Preamble

A bill proposed to this City/Town/State Authority to provide for the taxation of advertisement of animals for sale. To be enacted by the US (Authority/Council) as follows:

PART I- PRELIMINARIES

This act may be cited as ‘PUPTAX ACT 2021’.

In this ACT, unless the context otherwise requires-

“Animals” means domestic animals, cats and dogs and their puppies that are primarily for personal, business or family ownership;

“Authority” means town, city, state or federal municipal governments and includes the municipal animal control authority;

“Broadcasting Media” means website, newspaper, magazine, circular, pamphlet, catalog, store display website, broadcast media, advertising agencies, print media, television media, social media;

“Consumer” means an individual who buys animals; and

“Seller” means any individual or business that offers to sell Animals;

PART II- GENERAL PROVISIONS

This ACT shall apply to all individuals, breeders, sellers, brokers and advertisers of animals.

Seller requirements

No person, firm, corporation or association, or agent or employee thereof, who with intent to sell or in any way dispose of animals to the public through the media of a newspaper, magazine, circular, pamphlet, catalog, store display website, application, social media, letter or handbill, shall advertise, state, set forth, print, publish or cause directly or indirectly or permit directly or indirectly, so to be done in any of the aforesaid media, unless and until the advertiser has reason to believe and are made sure through the production of documentary proof that the seller has a permit/license to sell and has paid permit fee/tax for the same.

Advertiser conditions

No Advertiser, publisher, or any broadcasting media and agencies, in any manner whatsoever, shall accept any kind of advertisement of animals, by any person.

The conditions in (i) can be allowed if the seller shows a permit for the same, and in such case, the advertiser shall first seek confirmation from the Authority regarding the advertisement, which shall be informed to the Authority by the advertiser and;

Authority shall in writing allow the advertiser to publish or broadcast the ad of the seller;

The Authority can in any case, or at any time, seek records from the advertiser of the ads, they have published;

Any violation of the terms of this section shall be considered a gross violation and shall also be considered as a “willful default” which shall entail civil as well as criminal liability

Permit requirements and eligibility

No person may directly or indirectly, on any pretense, sell, breed, barter, charge for possession or otherwise dispose of animals as part of a commercial transaction without having obtained the required license or permit. To obtain the license one must meet the following conditions-

An applicant must be a citizen of the United States or a resident alien. The applicant must be of good moral character and repute and be at least 21 years old. They can have no record of any animal-related law violations or license revocations in the last five years;

Publisher of each advertisement of a pet shall require the name, phone number, and permit number with an expiration date. Each Publisher shall check the permit number before accepting any advertisement;

Each permit is designated to a single animal or a single litter of no more than 6 related puppies and shall have a nonrenewable term of 30 days with a fee of $500.00; and

The eligible person shall be required to fill out a mandatory registration form providing answers to the following personal details; Applicant’s Driver License, residence address, the names of each person residing at residence address, animal’s place of birth, all misdemeanor and felony convictions within the last 10 years and the exact copy of the advertisement to be published.

Exemptions

Petfinder, Adopt-a-Pet, Qualified Non-profit Organizations, and Municipal Shelters shall be exempted whereas this subchapter shall apply to television or radio broadcasting station or to any publisher or printer of a newspaper, magazine, or other forms of printed advertising, who broadcasts, publishes, or prints such advertisement, except insofar as said station or publisher or printer is guilty of deception on the sale or offering for sale of its services.

Penalties

Notwithstanding any other provision of law, the controlling authority/department shall be authorized upon due notice and hearing, to impose civil penalties for the violation of any provision of this law. The department/authority shall have the power to render decisions and orders and to impose civil penalties of not less than $10,000.00 nor more than $50,000.00 for each violation. All proceedings authorized under this paragraph shall be conducted in accordance with rules promulgated by the commissioner/chairperson of the authority. The remedies and penalties provided for in this paragraph shall be in addition to any other remedies or penalties provided for the enforcement of such provisions under any other law including, but not limited to, civil or criminal actions or proceedings.

In accordance to section (i) of this clause, further penalties shall be imposed to individuals, groups or organizations whom under false pretense, deception or misclassification, shall be found going contrary to any provision in the bill. The penalties shall be categorized as fraudulent or false advertisement and will bear a fine of not less than $30,000.00 nor more than $80,000.00.