Colorado § 35-36-302 - Application for license - rules.

§ 35-36-302. Application for license - rules.

(1) A person shall not act as a dealer, small-volume dealer, or agent without having obtained a license as provided in this part 3. Every person acting as a dealer, small-volume dealer, or agent shall file an application in writing with the commissioner for a license to transact the business of dealer, small-volume dealer, or agent, and the application must be accompanied by the license fee provided for in section 35-36-303 for each specified class of business.

(2) The application in each case must state the class or classes of farm products the applicant proposes to handle; the full name of the person applying for the license; and, if the applicant is a firm, exchange, association, or corporation, the full name of each member of the firm or the names of the officers of the exchange, association, or corporation. The application must further state the principal business address of the applicant in the state of Colorado and elsewhere and the names of the persons authorized to receive and accept service of summons and legal notices of all kinds for the applicant. The applicant shall further satisfy the commissioner of the applicant's character, responsibility, and good faith in seeking to carry on the business stated in the application. In determining a person's character, the commissioner shall comply with section 24-5-101.

(3) In addition to the general requirements applicable to all classes of applications, as set forth in this section, each application for an agent's license must include such information as the commissioner may consider proper or necessary, and the application must include the name and address of the applicant and the name and address of each dealer or small-volume dealer represented or sought to be represented by the agent and the written endorsement or nomination of the dealer or small-volume dealer. A person shall not be licensed as an agent unless all of the agent's principals are licensed under this part 3.

(4) Upon the applicant's filing of the proper application with the commissioner, accompanied by the proper fee, and when the commissioner is satisfied that the convenience and necessity of the industry and the public will be served by the application, the commissioner shall issue to the applicant a license entitling the applicant to conduct the business described in the application at the place named in the application until the date specified by the commissioner by rule or until the license has been suspended or revoked. The license of an agent expires upon the date of expiration of the license of the principal for whom the agent acts. The commissioner may also issue a license to each agent, with a separate agent's license being required for each principal. A dealer, small-volume dealer, or agent shall show the license upon the request of any interested person. Each licensed dealer, small-volume dealer, or agent shall post the person's license or a copy of the license in the person's office or salesroom in plain view of the public.

(5) The commissioner shall revoke any license granted as a result of fraud or misrepresentation in applying for the license. All indicia of the possession of a license are at all times the property of the state of Colorado, and each licensee is entitled to the possession of a license only for the duration of the license.

(6) Any person licensed under part 2 of this article 36 may apply for a license as a dealer or small-volume dealer without paying the license fee otherwise required by section 35-36-303.

Source: L. 2020: Entire article amended with relocations, (HB 20-1213), ch. 160, p. 741, § 2, effective June 29.

Editor's note: This section is similar to former § 35-37-104 as it existed prior to 2020.

ANNOTATION

Annotator's note. The case cited below was decided under CSA, C. 15, § 12(3), the subject matter of which was similar to this section.

The provision of this section that requires the commissioner, when he is satisfied that the convenience and necessity of the industry and the public will be served thereby, to issue a license entitling the applicant to conduct the business described does not render the act violative of "due process of law" on the grounds that the commissioner of agriculture is given arbitrary power to determine whether or not a license shall be granted. Zeigler v. People, 109 Colo. 252, 124 P.2d 593 (1942).

A survey of the entire article gives no intimation that it shall or can be administered and licenses issued in accordance with the personal or arbitrary whim of the commissioner of agriculture, but rather it appears that it shall be administered for the welfare of the public. Zeigler v. People, 109 Colo. 252, 124 P.2d 593 (1942).