§ 35-21-104 — Licenses - application - fees - rules

(1) Every person selling
poultry eggs or other eggs within this state shall obtain from the department a
dealer's license for each place where the business is conducted. A license is not
transferable. The license expires and may be renewed in accordance with rules
promulgated by the commissioner. No reduction of license fee may be made for a
fractional part of a year.

(2) (Deleted by amendment, L. 95, p. 700, � 17, effective May 23, 1995.)

(3) An application for a license shall state:

(a) The name of the applicant;

(b) If the applicant is a firm, the names of its members;

(c) If the applicant is a corporation, the names of its officers;

(d) The location of the business;

(e) The telephone number of the business;

(f) Any ownership information concerning the application that the
commissioner may require; and

(g) Any contact information that the commissioner may require.

(4) (a) (Deleted by amendment, L. 2009, (SB 09-127), ch. 63, p. 223, � 5,
effective July 1, 2009.)

(b) (I) The license categories shall be established by rule by the
commissioner based on the average number of cases of poultry eggs (thirty dozen
per case) or other eggs sold per week during the previous twelve months.

(II) The commission may establish a late fee for a license renewed after it has
expired.

(III) Fees for each license category shall be as established by the
commission.

(IV) The applicant for a license shall keep such records as may be necessary
to indicate accurately the quantity of poultry eggs or other eggs sold per week
during the year and shall allow the commissioner to examine these records in
determining the quantity of poultry eggs or other eggs sold. A licensee shall retain
the records of quantity sold for two years.

(c) and (d) (Deleted by amendment, L. 95, p. 700, � 17, effective May 23,
1995.)

(e) Repealed.

(f) to (i) (Deleted by amendment, L. 95, p. 700, � 17, effective May 23, 1995.)

(j) For the fiscal year commencing on July 1, 2007, and for each subsequent
fiscal year, the agricultural commission shall establish a fee schedule to cover all of
the direct and indirect costs of administering and enforcing this part 1.

(5) All license fees shall be deposited with the state treasurer and credited
to the inspection and consumer services cash fund created in section 35-1-106.5.

Legislative History

Source: L. 65: R&RE, pp. 200, 217, �� 16, 1. C.R.S. 1963: � 7-9-4. L. 73: p. 216, � 4. L. 95: Entire section amended, p. 700, � 17, effective May 23. L. 2003: (4)(a), (4)(b), and (5) amended, p. 1731, � 14, effective May 14. L. 2005: (4)(a), (4)(b), and (5) amended, p. 1272, � 13, effective July 1. L. 2007: (4)(a), (4)(b), and (5) amended and (4)(j) added, p. 1907, � 11, effective July 1. L. 2009: (1), (3)(d), (3)(e), (4)(a), and (4)(b) amended, (3)(f) and (3)(g) added, and (4)(e) repealed, (SB 09-127), ch. 63, pp. 223, 226, 225, �� 5, 13, 10, effective July 1. L. 2020: (1), (4)(b)(I), and (4)(b)(IV) amended, (HB 20-1211), ch. 159, p. 712, � 4, effective June 29; (4)(j) amended, (HB 20-1343), ch. 217, p. 1077, � 4, effective September 14.