Sec. 5. Prohibition on issuing licenses to certain persons as a result of license revocation
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Section 2 of the Animal Welfare Act ( 7 U.S.C. 2132 ) is amended by adding at the end the following: The term immediate family member means, with respect to a dealer— a spouse, domestic partner, child, parent, brother, sister, grandparent, or grandchild of the dealer; and a spouse or domestic partner of a child, parent, brother, sister, grandparent, or grandchild of the dealer. . Section 3 of the Animal Welfare Act ( 7 U.S.C. 2133 ) is amended— by striking the section designation and all that follows through The Secretary shall and inserting the following: The Secretary shall ; in subsection
(a)(as so designated), in the first sentence, in the first proviso— by inserting or renewed after issued ; and by striking demonstrated that his facilities and inserting demonstrated through facility inspection that the facilities ; and by adding at the end the following: The Secretary shall not issue or renew a license for the purpose of being a dealer of dogs or cats to a person who is an immediate family member of, or who resides at the same address of, a dealer of dogs or cats if— the license is for purposes of operating a facility for dogs or cats at a location that the dealer has used as a facility for dogs or cats; and within the last 10 years, a license of that dealer has been suspended after notice and opportunity for hearing or revoked pursuant to section 19(a). Paragraph
(1)shall not apply to a person described in that paragraph if that person shows by clear and convincing evidence that a dealer described in that paragraph— will have no ownership interest in the facility for which that person seeks a license; will play no role in the care of dogs or cats at the facility; and will play no role in the management of the facility. The Secretary shall not issue or renew a license for the purpose of being a dealer of dogs or cats to any person that is a partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity if any person who holds an ownership interest in the partnership, firm, joint stock company, corporation, association, trust, estate, or other legal entity— previously held a license for purposes of operating a facility for dogs or cats at the same address of the facility for which the license is being sought; and within the last 10 years, that license has been suspended after notice and opportunity for hearing or revoked pursuant to section 19(a). Paragraph
(1)shall not apply to a person seeking the issuance or renewal of a license described in that paragraph if that person shows by clear and convincing evidence that a person who previously held a license for purposes of operating a facility for dogs or cats described in subparagraph
(A)of that paragraph— will play no role in the care of dogs or cats at the facility; and will play no role in the management of the facility. The Secretary shall not issue or renew a license for the purpose of being a dealer of dogs or cats to a person if— within the last 10 years, a license for the purpose of being a dealer of dogs or cats of that person has been suspended after notice and opportunity for hearing or revoked pursuant to section 19(a); and the license is for purposes of operating a facility for dogs or cats at a location that the person has used as a facility for dogs or cats. . Section 19 of the Animal Welfare Act ( 7 U.S.C. 2149 ) is amended by adding at the end the following: The Secretary shall revoke a license issued after the date of enactment of this subsection if the Secretary subsequently determines that, at the time of issuance, the issuance of the license violated section 3. . The Secretary of Agriculture may prescribe such regulations as the Secretary of Agriculture determines to be necessary to implement the amendments made by this section. Any regulations under paragraph
(1)shall be prescribed not later than 1 year after the date of enactment of this Act.
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Sec. 5
Prohibition on issuing licenses to certain persons as a result of license revocation
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