69-206. LICENSES TO WAREHOUSEMEN — ISSUE — RENEWAL — CONDITIONS PRECEDENT. The department is authorized, upon application to it, to issue or renew to any warehouseman a license for the conduct of a warehouse or warehouses in accordance with this chapter and such rules as may be made hereunder, providing the following conditions are met:
(1) Each person, as a condition precedent to operating a warehouse in this state, shall file and maintain satisfactory evidence with the director of the existence of an effective policy of insurance issued by an insurance company authorized to do business in this state, insuring all agricultural commodities that may be stored or accepted for storage on the premises, including commodities owned by the warehouseman, for which such license is sought for the full market value of such agricultural commodities against loss by fire, internal explosion, lightning or tornado;
(2) That each warehouse be found suitable for the proper storage of the particular agricultural commodity or commodities for which a license is requested;
(3) A license fee is submitted to the department as prescribed by section 69-211, Idaho Code;
(4) A current drawing of the warehouse which shows storage facilities and the capacity calculations of the warehouse which indicates commodity and seed crop storage areas, shall be approved by the department;
(5) A sufficient and valid bond is filed and maintained as required by section 69-208, Idaho Code;
(6) The applicant shall submit to the department an audited or reviewed financial statement prepared by an independent certified public accountant or licensed public accountant showing that the licensee has and does maintain current assets equal to or greater than current liabilities, a statement of current assets and current liabilities, and a statement of net worth, all of which shall be prepared in accordance with generally accepted accounting principles;
(7) For a warehouseman license an applicant shall have and maintain a net worth of at least fifty thousand dollars ($50,000) or maintain a bond in the amount of two thousand dollars ($2,000) for each one thousand dollars ($1,000) or fraction thereof of net worth financial requirement; however, a person shall not be licensed as a warehouseman if the person has a net worth of less than twenty-five thousand dollars ($25,000). A bond submitted for purposes of this subsection shall be in addition to any bond otherwise required under the provisions of this chapter;
(8) The applicant has complied with and abided by all the terms of this chapter and the rules prescribed hereunder;
(9) That all materials required for renewal of a license shall be received by the department prior to the expiration date of the warehouse license. A warehouse license which has expired may be reinstated by the department upon receipt of all necessary licensing materials required by the provisions of this chapter and a reinstatement fee in the amount of five hundred dollars ($500), providing that this material is filed within thirty (30) days from the date of expiration of the warehouse license. At the end of the thirty (30) day reinstatement period, a warehouse license shall be terminated by the department. All license applications completed and received after the thirty (30) day reinstatement period shall be considered original applications and after the five hundred dollar ($500) reinstatement fee has been remitted to the department, license fees shall be assessed as original fees according to section 69-211, Idaho Code.
History:
[(69-206) 1919, ch. 152, sec. 6, p. 484; C.S., sec. 6183; I.C.A., sec. 67-206; am. 1949, ch. 268, sec. 2, p. 538; am. 1951, ch. 86, sec. 2, p. 155; am. 1965, ch. 171, sec. 1, p. 338; am. 1974, ch. 18, sec. 233, p. 364; am. 1982, ch. 25, sec. 5, p. 35; am. 1983, ch. 44, sec. 4, p. 105; am. 1988, ch. 350, sec. 3, p. 1040; am. 1989, ch. 300, sec. 2, p. 748; am. 1990, ch. 183, sec. 2, p. 402; am. 2002, ch. 259, sec. 4, p. 761.]
Structure Idaho Code
Chapter 2 - BONDED WAREHOUSE LAW
Section 69-201 - SHORT TITLE OF ACT.
Section 69-203 - LICENSE NECESSARY TO OPERATE PUBLIC WAREHOUSE.
Section 69-204 - PENALTY FOR OPERATING WITHOUT A LICENSE — MISREPRESENTATION.
Section 69-206 - LICENSES TO WAREHOUSEMEN — ISSUE — RENEWAL — CONDITIONS PRECEDENT.
Section 69-207 - TERM OF LICENSE — RENEWAL.
Section 69-208A - AMOUNT OF BOND — CANCELLATION.
Section 69-210 - DESIGNATION OF WAREHOUSE AS BONDED WAREHOUSE.
Section 69-211 - FEES OF DEPARTMENT.
Section 69-212 - SCHEDULE OF CHARGES — POSTING.
Section 69-213 - PRIVILEGE OF EXAMINING COMMODITIES STORED.
Section 69-213A - ANNUAL NOTIFICATION.
Section 69-214 - EMPLOYMENT OF PERSONNEL.
Section 69-215 - LICENSES TO WEIGH COMMODITIES FOR STORAGE.
Section 69-217 - RIGHT TO ASSESS AND COLLECT FEES.
Section 69-218 - WAREHOUSEMEN TO RECEIVE COMMODITIES ACCORDING TO CAPACITY.
Section 69-219 - COMMODITIES DEEMED DELIVERED SUBJECT TO LAW.
Section 69-220 - INSPECTION AND GRADING OF DISEASED OR INSECT INFESTED COMMODITIES.
Section 69-222 - RECEIPTS — SCALE WEIGHT TICKETS.
Section 69-224 - STANDARDS FOR AGRICULTURAL COMMODITIES.
Section 69-225 - LOSS OF RECEIPTS — CONDITIONS OF REISSUE.
Section 69-226 - RECORDS OF WAREHOUSES — CONDUCT OF WAREHOUSES.
Section 69-227 - EXAMINATION OF COMMODITIES OR SEED CROPS — RECORDS — PUBLICATION OF FINDINGS.
Section 69-228 - SUSPENSION OR REVOCATION OF LICENSE.
Section 69-229 - PUBLICATION OF REPORTS.
Section 69-230 - EXAMINATION OF BOOKS — AUTHORIZATION TO COPY.
Section 69-232 - COOPERATION WITH GOVERNMENTAL AGENCIES AND PRIVATE ASSOCIATIONS.
Section 69-233 - VIOLATION OF LAW — PENALTY.
Section 69-234 - RENT OF QUARTERS — EMPLOYMENT OF ASSISTANTS.
Section 69-235 - EFFECT OF PARTIAL INVALIDITY OF LAW.
Section 69-236 - NONCOMPLIANCE — FAILURE — REMEDIES OF DEPARTMENT.
Section 69-238 - WAREHOUSEMAN’S OBLIGATIONS — DUTY TO DELIVER DEPOSITED COMMODITIES — DAMAGES.
Section 69-239 - DUTIES OF WAREHOUSEMAN — CONTENTS OF RECORDS.
Section 69-240 - DIRECTOR’S DISCRETIONARY ACTION.
Section 69-241 - INSURANCE — CANCELLATION PROCEDURE — SUSPENSION OF LICENSE.
Section 69-243 - DUTY TO PROSECUTE.
Section 69-244 - LICENSE REISSUANCE FOLLOWING REVOCATION.
Section 69-245 - DIRECTOR’S AUTHORITY.
Section 69-246 - APPEALS FROM DECISION OF DIRECTOR.
Section 69-247 - LICENSE DENIAL.
Section 69-248 - DRAWING CHECKS INSUFFICIENTLY COVERED A VIOLATION.
Section 69-249 - CREDIT-SALE CONTRACTS.
Section 69-250 - CONFIDENTIAL AND PROTECTED RECORDS.
Section 69-251 - PAYMENT OF PURCHASE PRICE.
Section 69-255 - SHORT TITLE — INDEMNITY FUND PROGRAM.
Section 69-256 - CREATION OF INDEMNITY FUND — USES.
Section 69-257 - ASSESSMENT — RATE — MINIMUM AND MAXIMUM ASSESSMENT.
Section 69-259 - FUNDING AND LIMITS OF FUND.
Section 69-260 - FINANCIAL DIFFICULTIES — ADDITIONAL BOND OR SECURITY REQUIRED.
Section 69-261 - ADVISORY COMMITTEE — TERMS — COMPENSATION.
Section 69-262 - PROOF OF CLAIMS — PROCEDURE — HEARING — INSPECTION OF WAREHOUSE.
Section 69-263 - FAILURE TO FILE — LOSS OF CLAIM ON FUND.
Section 69-264 - MINIMUM BALANCE — SUBSEQUENT PAYMENTS.
Section 69-267 - CLAIM AGAINST WAREHOUSEMAN OR DEALER — DIRECTOR’S REMEDIES.