§ 258-A — License fees

§ 258-a. License fees. 1. A milk dealer receiving, purchasing,\nhandling or selling during any of the twelve calendar months immediately\npreceding the period for which the license is issued a daily average\ntotal quantity of milk not exceeding four thousand pounds shall pay a\nlicense fee of one hundred dollars; and for each additional four\nthousand pounds of milk or fraction thereof received, purchased, handled\nor sold, the license fee shall be increased forty dollars. In no event,\nhowever, shall a license fee in excess of seven thousand five hundred\ndollars be required.\n 2. An applicant who has not previously engaged in such business shall\npay the minimum license fee as provided herein for the type of business\nwhich he proposes to conduct. Any such applicant who during any calendar\nmonth of the first year covered by his license receives, purchases,\nhandles or sells a greater quantity of milk than that upon which the\nlicense fee paid by such milk dealer was based shall for each additional\nfour thousand pounds of milk or fraction thereof pay an additional\nlicense fee of forty dollars.\n 3. It is not the intent that milk utilized by the applicant or\nlicensee or sold by him in the form of manufactured products shall be\nincluded in the determination of the amount of license fee. Sales by a\nmilk dealer of milk outside of the state not involving the receipt or\nhandling or distribution within the state shall not be included in the\ndetermination of the license fee.\n 4. The commissioner may, by rule or order, provide for licensing, at\nany rate of license fee less than the rates herein fixed, any milk\ndealer or class of milk dealers which he is authorized to exempt from\nlicense requirements.\n 5. A milk dealer who neither buys nor sells milk but who operates a\nplant in which milk is pasteurized, processed or handled shall pay a\nlicense fee of one hundred dollars.\n 6. A milk dealer which is a producers' bargaining and collecting\ncooperative and does not operate milk plants or handle milk physically\nor operate farm bulk tank milk routes shall pay a license fee of one\nhundred dollars.\n 7. A milk dealer who neither buys nor sells milk but who operates a\nplant in which milk is manufactured shall pay a license fee of one\nhundred dollars.\n 8. A milk broker shall pay a license fee of one hundred dollars.\n 9. A milk dealer who is not a cooperative corporation and who does not\nbuy or sell milk but who hauls milk for other milk dealers shall pay a\nlicense fee of one hundred dollars.\n 10. Notwithstanding any law to the contrary, all receipts of the\ndepartment pursuant to this section shall be deposited in an account in\nthe miscellaneous special revenue fund and shall be available solely for\nthe administration of this article. The comptroller is authorized and\ndirected to permit interest earnings on any balances to accrue to the\nbenefit of this account.\n