Georgia § 4-6-49 - 1. Denial of licenses; Commissioner's right to require disclosures and examine records and accounts; dealers purchasing livestock for cash only; financial statement.

§ 4-6-49. 1. Denial of licenses; Commissioner's right to require disclosures and examine records and accounts; dealers purchasing livestock for cash only; financial statement.

No license shall be issued to or allowed to be maintained by any sales establishment or dealer if: Any beneficial interest in the business of the sales establishment or dealer is directly or indirectly owned by a defaulter; or Any defaulter is employed in a management position by the sales establishment or dealer. As used in this Code section, the term "defaulter" means any person who has, within the past five years, been employed in a managerial position by or owned any beneficial interest in the business of a sales establishment or dealer and such business has ceased operations without satisfying all liabilities of the business either from assets of the business or from any surety. The Commissioner shall have full authority to require disclosure from licensees and applicants of information sufficient to determine whether the licensee or applicant is qualified to be licensed under this Code section. The Commissioner shall have full authority to examine the records and accounts of all licensees in order to determine whether any proceeds of the business are being paid to any defaulter. This Code section shall not prohibit the Commissioner from allowing a defaulter to operate as a dealer who purchases livestock for cash only. All applicants for licensure shall submit to the Commissioner a current financial statement, and all licensees shall submit a current financial statement annually. (Code 1981, § 4-6-49.1 , enacted by Ga. L. 1982, p. 1804, § 4; Ga. L. 1983, p. 1161, § 1; Ga. L. 2017, p. 129, § 12/HB 49.) The 2017 amendment, effective July 1, 2017, in subsection (b), inserted commas following "has" and "years" near the beginning, substituted "dealer and such" for "dealer which" in the middle, and substituted "surety" for "bond or bonds" at the end; and, in subsection (e), substituted a comma for a semicolon. Cross references. - Provisions regarding powers of Commissioner relating to sale of livestock at auction, § 10-2-52 .