Annual License Required; Issuance by Commissioner; Application for License or Renewal

  1. Law
  2. Georgia Code
  3. Commerce and Trade
  4. Warehousemen
  5. State Licensed and Bonded Warehouses
  6. Annual License Required; Issuance by Commissioner; Application for License or Renewal

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  1. No person shall operate a warehouse as defined under this article in this state unless he or she has a valid, effective license issued by the Commissioner pursuant to this article for such warehouse. All such licenses shall expire on June 30 of each year. No license so issued shall describe more than one warehouse nor grant permission to operate any warehouse other than the one described therein, except that, if a warehouseman operates two or more warehouses in the same county or in adjoining counties or operates two or more grain warehouses in nonadjoining counties in conjunction with each other and if but one set of books and records is kept with respect to weight certificates, scale tickets, inspection certificates, and receipts issued for agricultural products stored in all such warehouses, only one license shall be required for the operation of all such warehouses.
  2. The Commissioner is authorized to issue to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this article and with such rules and regulations as may be made under this article, provided that each warehouse is found suitable for the proper storage of the particular agricultural product or products for which a license is to be issued and that such warehouseman agrees, as a condition to the granting of the license, to comply with all the terms of this article and the rules and regulations prescribed under this article. It shall be the duty of the Commissioner to issue a license to any responsible person applying therefor who can show that he is ready, willing, and able to meet the requirements of this article and the regulations under this article.
    1. Each applicant for a license or renewal shall furnish with his application a current financial statement which shall include:
      1. A balance sheet;
      2. A profit and loss statement of income;
      3. A statement of retained earnings; and
      4. A statement of changes in financial position.
    2. The chief executive officer for the business shall certify under penalties of perjury that the statements as prepared accurately reflect the financial condition of the business as of the date named and fairly represent the results of operations for the period named.
    3. Except as otherwise provided in this paragraph, each applicant shall have the financial statements required in paragraph (1) of this subsection audited by an independent certified public accountant. Alternatively, financial statements audited or reviewed by an independent public accountant will be accepted with the understanding that the applicant will be subject to an additional on-site examination by the Commissioner and to an audit by the Commissioner. Audits and reviews by independent certified public accountants and independent public accountants specified in this Code section shall be made in accordance with standards established by the American Institute of Certified Public Accountants. The accountant's certification, assurances, opinion, comments, and notes on such statements, if any, shall be furnished along with the statements. Applicants who cannot immediately meet these requirements may apply to the Commissioner for a temporary waiver of this provision. The Commissioner may grant such waiver for a temporary period not to exceed 180 days if the applicants can furnish evidence of good and substantial reasons therefor. This paragraph shall not be applicable to any applicant who maintains a bond in the maximum amount required by subsection (a) of Code Section 10-4-12.

(Ga. L. 1953, Nov.-Dec. Sess., p. 412, § 5; Ga. L. 1983, p. 946, § 2; Ga. L. 1984, p. 22, § 10; Ga. L. 1985, p. 645, § 1; Ga. L. 1988, p. 750, § 1; Ga. L. 1990, p. 340, § 1; Ga. L. 2001, p. 1070, § 2.)

OPINIONS OF THE ATTORNEY GENERAL

Warehouse storing cotton linters, cotton mill waste, and rayon can be licensed under this article if the warehouseman requests to be licensed under this article. 1957 Op. Att'y Gen. p. 3.

Pine cone warehouse.

- Commissioner of Agriculture may license a warehouse storing pine cones. 1958-59 Op. Att'y Gen. p. 14.

RESEARCH REFERENCES

Am. Jur. 2d.

- 78 Am. Jur. 2d, Warehouses, § 14.

C.J.S.

- 93 C.J.S., Warehousemen and Safe Depositaries, §§ 8, 9.

ALR.

- Legal effect of transaction by which grain or other commodity is received for storage by one who has not complied with statutory conditions necessary to become a public warehouseman, 108 A.L.R. 928.

Right of one who acquires title to, or other interest in, real property to benefit of a license previously issued by the public, permitting use of property for a specified purpose, 131 A.L.R. 1339.


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