80-7-106. License required -- application and payment of license fee -- exemption. (1) (a) Except as provided in subsection (1)(b), a firm, nursery, plant dealer, or landscape service engaging in the business of selling or distributing nursery stock in this state shall obtain a license from the department for each location.
(b) A firm, nursery, plant dealer, or landscape service is not required to obtain a license in Montana if the firm, nursery, plant dealer, or landscape service is licensed as a nursery in another state and the state in which the firm, nursery, plant dealer, or landscape service is licensed grants nonresident licenses to residents of this state on the same basis.
(2) The license must be in the name of the firm, nursery, plant dealer, or landscape service seeking the license and expires on the anniversary date established by rule by the board of review established in 30-16-302. The applicant shall provide information that the department finds necessary to carry out the provisions and purposes of this chapter and in the form determined by rule by the board of review established in 30-16-302.
(3) (a) The license fees for each location for a firm, nursery, or plant dealer are as follows:
| Gross annual sales of nursery stock: | Fee range: |
| not more than $5,000 | $25 to $35 |
| $5,001 to $75,000 | $135 to $185 |
| $75,001 to $150,000 | $200 to $250 |
| $150,001 to $250,000 | $300 to $350 |
| Over $250,000 | $400 to $450 |
(b) A landscape service shall pay a license fee of not less than $150 or more than $200. A landscape service that sells nursery stock shall pay a license fee for either a landscape service or a nursery, whichever is greater.
(c) A sod farmer shall pay a license fee of not less than $220 or more than $270.
(d) The department may adjust by rule a license fee within the fee range described in this subsection (3) to maintain funding for this part. When calculating a license fee, the department shall adjust gross sales down to the nearest dollar.
(4) A new applicant or a firm, nursery, plant dealer, or landscape service failing to renew a license for any location on or before the annual anniversary date provided for in subsection (2) shall pay an additional nonrefundable late fee of $25 for the license for the location.
(5) The fees required by this section may be paid by credit card.
History: En. Sec. 2, Ch. 551, L. 1993; amd. Sec. 1, Ch. 147, L. 1995; amd. Sec. 17, Ch. 366, L. 1997; amd. Sec. 7, Ch. 54, L. 1999; amd. Sec. 2, Ch. 384, L. 2007; amd. Sec. 2, Ch. 384, L. 2009; amd. Sec. 1, Ch. 393, L. 2009; amd. Sec. 1, Ch. 341, L. 2011; amd. Sec. 2, Ch. 389, L. 2017.