3-492. Licensing dealers and shippers; application; fees; penalty

A. A person may not act as a dealer or shipper without first obtaining a license as provided in this article. Application for the license shall be filed with the associate director and accompanied by a license fee determined according to the annual gross sales based on the dealer's or shipper's previous fiscal year as follows:

1. If the annual gross sales are five hundred thousand dollars or more, the annual fee is five hundred dollars.

2. If the annual gross sales are between two hundred thousand dollars and five hundred thousand dollars, the annual fee is three hundred fifty dollars.

3. If the annual gross sales are two hundred thousand dollars or less, the annual fee is two hundred dollars.

4. If the person was not in business the previous fiscal year, the annual fee is two hundred dollars.

B. If a person engages in business in more than one category as a dealer or shipper, the license designation shall be based on the category in which most of the licensee's business is conducted.

C. The monies received as license fees under this section shall be paid into the citrus, fruit and vegetable trust fund. The license shall expire on September 1 of each year and is renewable annually.

D. The application for a dealer or shipper license shall contain the following information:

1. The full name of the person applying for the license.

2. Whether the applicant is an individual, partnership, firm, corporation, association, trust or cooperative association and the full name of each member of the partnership or firm, the full name of each officer and director of the association or corporation or the full name of each trustee.

3. The principal business address of the applicant in this state and elsewhere and the address where the applicant conducts the described business.

4. The name of the statutory agent in this state for service of legal notice.

5. The category of license for which the applicant is applying.

6. A statement of the facts, signed under penalty of perjury, entitling the applicant to a license under the applicable category and stating whether the applicant has ever had any license to handle citrus, fruit or vegetables in any state denied, suspended or revoked.

7. If the applicant acts as a commission merchant, a schedule of commissions and charges for services, which may not be altered during the term of the license except by written agreement between the parties involved.

E. The associate director shall issue to the applicant a license to conduct the business described for a period of one year unless it is revoked for cause.

F. An applicant who tenders a renewal application for a license that is received by the associate director after September 15 shall pay a penalty of twenty-five dollars. An applicant who tenders a renewal application for a license that is received after October 1 shall pay a penalty of fifty dollars. All penalties shall be deposited in the citrus, fruit and vegetable trust fund.