Manatee County OKs new bans on retail pet stores, plus strict breeder rules

No new stores that sell certain pets will be allowed to open in Manatee County, and existing pet sellers and breeders will face stricter regulations under new rules passed by county leaders Tuesday.

Supporters of the ban say that pet sales for profit lead to the mistreatment of animals and discourage adoption of shelter dogs and cats.

Despite extensive debate and concerns from some commissioners over parts of the ban, the board voted 7-0 in favor.

“The purpose of this is to improve our animal welfare standards (and) support a healthier and safer community,” said Sarah Brown, Manatee County’s veteran and community services director. “It builds on the ordinance that we put in place last year requiring the inspections of stores and breeders.”

What does Manatee County’s retail pet store ban do?

• No new stores that sell cats or dogs are allowed to open, effective immediately.
• The county’s three existing pet sale retailers can continue selling animals but face new restrictions, including licensing and inspection requirements and new vaccine and health requirements for animals. They cannot expand, and if they relocate, it must be to a smaller building with less retail pet space. The right to sell pets is transferred if one of the businesses is sold.
• The ban does not apply to retailers like PetSmart that, rather than selling cats and dogs, facilitate adoptions from local shelters through their stores.
• Small-scale pet breeders can also continue to operate, but face stricter regulations. To keep an active license, breeders will be subject to an unannounced inspection within 60 days of their license expiring. They must also only sell pets from the address associated with their license, and advertisements about pets for sale must include a breeder’s license number.
• Breeders and pet stores must report all dog and cat sales to the county.

Pet sale ban comes after years of debate

Tuesday’s vote comes after years of back-and-forth over whether retail pet sales should be allowed in Manatee County.

In 2021, Manatee County leaders passed an outright ban on retail pet sales. The ban followed years of advocacy from animal welfare supporters who pointed to evidence that some pet retailers were supplied by “puppy mills” with inhumane practices. It gave the two pet retailers operating in the county at the time one year to end sales.

But when the county faced a lawsuit from two local Petland franchises, commissioners voted to overturn the ban in 2023.

Then last year, commissioners passed tougher rules and inspection requirements for large-scale pet stores and breeders after hearing reports about local animal abuse from county staff.

After last year’s election brought a change of board members, Commissioner George Kruse moved in February to research options for a new pet sale ban, and the board voted unanimously to do so. The new rules are modeled after Pinellas County language that grandfathers in existing retailers.

Kruse said that Senate Bill 170, a bill made law in 2023 that includes restrictions on local government rule changes, would have made it difficult for the county to seek a complete retail ban without facing legal challenges.

Commissioners support retail pet sale ban

Several commissioners said that the new ban has flaws but argued that it’s a starting place to address concerns about animal welfare.

Commissioner Mike Rahn argued that going back to a complete ban like the one the county passed in 2021 would have resulted in a black market for animal sales.

“I think what we have here is a happy middle,” Rahn said. “If I want to sell a horse ... a pig, a goat or whatever, all these breeders have to register. If you’re going to sell an animal in Manatee County, you have to register with the county, which is going to allow for inspections and those types of things. So we’re not just protecting cats and dogs, we’re protecting every animal in Manatee County.”

“The only issue I have with this ... is if a retail operation ... has to expand due to their landlord or whatever .... we’re limiting their ability to do that with this new regulation,” Rahn said.

Commissioner Jason Bearden questioned whether a retail pet sale ban was constitutional. In response, Commissioner Amanda Ballard compared it to the county regulating “sexually-oriented businesses” like strip clubs.

“That went into court, and the county’s ability to regulate strip clubs was upheld. Even though that is a legal business, we do have the ability to restrict these businesses under certain circumstances,” Ballard said. “I believe that this is an appropriate regulation ... an excellent middle ground.”

Kruse described the ban as a “reasonable compromise.”

“This allows the existing stores to stay in place. This will allow us to stop the tide of future stores and storefronts coming in. Let’s not step over good in search of perfect,” Kruse said. “We can have that conversation another day.”

“I’m happy to support this, but I also think we’re effectively creating a state-sponsored set of businesses ... monopolies effectively,” Commissioner Tal Siddique said. “I have a lot of heartburn with that. It just seems like ... we’re watering down what the real intent is, which is people just don’t want these businesses in our county. While it’s not necessarily the cleanest approach, I do think it’s a good approach to just move forward.”

“Long after I die, somebody might want to come here and say, ‘You know, I really want to live in Manatee County and I want to take care of animals and I want people to enjoy these healthy animals that I want to put out,’” Commissioner Robert McCann said. “But we’re saying, ‘No.’ We’re saying you can’t even come here and start a business under our rules. I’m obviously going to vote for this, because this is what the people want and my constituents want, but good luck defending it.”

Commissioners also questioned whether the new inspection requirements will increase the county’s staffing needs.

But Brown said that the county’s plan to centralize all animal services at the Bishop Animal Shelter will free up staff to enforce the new rules.

“Those officers are actually going to have a little more time on their hands, be able to respond to these quicker, and be able to handle these inspections ... without increased cost,” Brown said.

Pet stores, residents react to ban

Mike Beltran, a former state representative and Tampa-based attorney, spoke during public comment on behalf of Petland. Two of the three stores that sell cats and dogs in Manatee County are Petland franchises.

“This is a compromise, which we appreciate,” Beltran said.

But Beltran said that the chain has some concerns about the ordinance, including the downsizing requirements if a business moves. He also questioned whether parts of the ordinance regarding vaccines requirements clash with state law and hinted that the county could see legal challenges.

“Petland has done pretty well, throughout the country, litigating this,” Beltran said of retail restrictions.

“Our biggest concern at this point is that if something happens … the hurricanes and the storm surges … that’s not their fault, yet they would be required to have a smaller footprint in their next space,” said Elizabeth Kunzelman, vice president of legislative & public affairs for Petland. “I would just respectfully ask that they maintain the same square footage if they had to move.”

Animal welfare advocates praised the rule changes, but some said they would still like to see a complete ban in the future.

“I would consider it a middle ground. I’m not too happy though, as I totally support a complete ban,” Manatee County resident Stacey Mazza Gilkinson said. “We’re still allowing them to bring all these puppies in from out of state that we eventually have to take care of. I hope you do pass this right now, but I hope it’s just a stepping stone to actually get to the bottom of the problem.”