2012 Nebraska Revised Statutes
Chapter 54 - LIVESTOCK
54-627 - License requirements; fees; renewal; premises available for inspection.

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

(1) A person shall not operate as a commercial dog or cat breeder, a dealer, a boarding kennel, an animal control facility, an animal shelter, an animal rescue, or a pet shop unless the person obtains the appropriate license. A pet shop shall only be subject to the Commercial Dog and Cat Operator Inspection Act and the rules and regulations adopted and promulgated pursuant thereto in any area or areas of the establishment used for the keeping and selling of pet animals. If a facility listed in this subsection is not located at the owner's residence, the name and address of the owner shall be posted on the premises.

(2) An applicant for a license shall submit an application for the appropriate license to the department, on a form prescribed by the department, together with the annual license fee. Such fee is nonreturnable. Upon receipt of the application and annual license fee and upon completion of a qualifying inspection if required pursuant to section 54-630 for an initial license applicant or if a qualifying inspection is deemed appropriate by the department before a license is issued for any other applicant, the appropriate license may be issued by the department. Such license shall not be transferable to another person or location.

(3)(a) Except as otherwise provided in this subsection, the annual license fee shall be determined according to the following fee schedule based upon the daily average number of dogs or cats housed by the licensee over 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 one hundred dogs or cats, two hundred fifty dollars;

(iv) One hundred one to one hundred fifty 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 or cats, four hundred dollars;

(vii) Two hundred fifty-one to three hundred dogs or cats, four hundred fifty dollars;

(viii) Three hundred one to three hundred fifty dogs or cats, five hundred dollars;

(ix) Three hundred fifty-one to four hundred dogs or cats, five hundred fifty dollars;

(x) Four hundred one to four hundred fifty dogs or cats, six hundred dollars;

(xi) Four hundred fifty-one to five hundred dogs or cats, six hundred fifty dollars; and

(xii) More than five hundred dogs or cats, two thousand dollars.

(b) The initial license fee for any person required to be licensed pursuant to the act shall be one hundred twenty-five dollars.

(c) The annual license fee for a licensee that does not house dogs or cats shall be one hundred fifty dollars.

(d) The annual license fee for an animal rescue shall be one hundred fifty dollars.

(e) The annual license fee for a commercial dog or cat breeder shall be determined according to the fee schedule set forth in subdivision (a) of this subsection based upon the number of breeding dogs or cats owned or harbored by the commercial breeder.

(f) The fees charged under this subsection may be increased or decreased by the director after a public hearing is held outlining the reason for any proposed change in the fee. The maximum fee that may be charged shall not result in a fee for any license category that exceeds the license fee set forth in this subsection by more than one hundred dollars.

(4) A license to operate as a commercial dog or cat breeder, dealer, boarding kennel, or pet shop shall be renewed by filing with the department on or before April 1 of each year a renewal application and the annual license fee. A license to operate as an animal control facility, animal rescue, or animal shelter shall be renewed by filing with the department on or before October 1 of each year a renewal application and the annual license fee. Failure to renew a license prior to the expiration of the license shall result in a late renewal fee equal to twenty percent of the annual license fee due and payable each month, not to exceed one hundred percent of such fee, in addition to the license fee. The purpose of the late renewal fee is to pay for the administrative costs associated with the collection of fees under this section. The assessment of the late renewal fee shall not prohibit the director from taking any other action as provided in the act.

(5) A licensee under this section shall make its premises available for inspection pursuant to section 54-628 during normal business hours.

(6) The state or any political subdivision of the state which contracts out its animal control duties to a facility not operated by the state or any political subdivision of the state may be exempted from the licensing requirements of this section if such facility is licensed as an animal control facility, animal rescue, or animal shelter for the full term of the contract with the state or its political subdivision.

(7) Any fees collected pursuant to this section shall be remitted to the State Treasurer for credit to the Commercial Dog and Cat Operator Inspection Program Cash Fund.