Licenses - Required; Fee; Term; Surety Requirement

1. Law
2. Georgia Code
3. Animals
4. Livestock Dealers and Auctions
5. Livestock Dealers
6. Licenses - Required; Fee; Term; Surety Requirement

1. No livestock market operator shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. The triennial fee for a livestock market operator license shall be proportionate to the surety acquired by such operator, but shall not exceed $200.00.
2. No dealer who buys or sells through a livestock market operator or directly from producers shall engage in or carry on such business without first applying for and obtaining a license from the Commissioner. The triennial fee for a dealer license shall be no more than $25.00.
3. No license shall be issued to any person pursuant to this Code section unless the applicant therefor furnishes to the Commissioner the surety required under this article and such surety is approved by the Commissioner. Any and all surety applications shall be accompanied by a certificate of "good standing" issued by the Commissioner of Insurance. If any company issuing a surety shall become unauthorized to do business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such sureties shall be conditioned to secure the faithful performance of a person's obligations as a livestock market operator or dealer under this article and the rules and regulations prescribed pursuant thereto. If the surety of a dealer or livestock market operator is canceled, then the license of such person shall immediately be revoked by operation of law without notice or hearing.

(Ga. L. 1952, p. 184, § 3; Ga. L. 1958, p. 386, § 1; Ga. L. 1982, p. 3, § 4; Ga. L. 1982, p. 1804, § 1; Ga. L. 1983, p. 1161, § 1; Ga. L. 1999, p. 800, § 5; Ga. L. 2017, p. 129, § 3/HB 49.)

The 2017 amendment, effective July 1, 2017, rewrote this Code section.

Cross references.

- Exemption from municipal property taxes and license fees for sale or introduction into municipality of agricultural products raised in state, § 48-5-356.

Administrative Rules and Regulations.

- Licensing and bonding requirements, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Georgia Department of Agriculture, Chapter 40-13-7.

OPINIONS OF THE ATTORNEY GENERAL

Bond requirement as condition precedent to purchase livestock at auction.

- There is nothing in Ga. L. 1952, p. 184, § 3 (see now O.C.G.A. § 4-6-3) or Ga. L. 1956, p. 501, § 3 (see now O.C.G.A. § 4-6-43) to prohibit the individual operator of a livestock auction from requiring a bond or such other security that the operator may require as a condition of permitting the buyer to purchase livestock at the auction. 1958-59 Op. Att'y Gen. p. 3.

Single license for buying stations appropriate.

- When buying stations are operated under the name and auspices of a membership organization, if these various operations are in fact owned or operated by a single person, firm, or corporation, a single license covering the operation of all such stations would be appropriate. 1973 Op. Att'y Gen. No. 73-64.

RESEARCH REFERENCES

ALR.

- Failure to procure occupational or business license or permit as affecting validity or enforceability of contract, 30 A.L.R. 834; 42 A.L.R. 1226; 118 A.L.R. 646.

Right to enjoin business competitor from unlicensed or otherwise illegal acts or practices, 90 A.L.R.2d 7.

Single or isolated transactions as falling within provisions of commercial or occupational licensing requirements, 93 A.L.R.2d 90.

Recovery back of money paid to unlicensed person required by law to have occupational or business license or permit to make contract, 74 A.L.R.3d 637.

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