Montana Code Annotated
Part 2. Livestock Markets and Dealers
81-8-251. Certificate to operate livestock market required -- application

81-8-251. Certificate to operate livestock market required -- application. (1) A person may not operate a livestock market unless the person first obtains from the department a certificate declaring that public convenience and necessity require the operation.
(2) The application for a certificate of public convenience must be in writing, verified by the applicant, and filed with the department. The application must specify the following:
(a) the names of the persons applying for a certificate together with their permanent addresses. If the applicant is a firm, association, partnership, or corporation, the names of its directors, officers, and members, if applicable;
(b) the place where the applicant proposes to operate a livestock market;
(c) a complete description of the property and facilities proposed to be used for the livestock market;
(d) the commissions or charges the applicant proposes to impose on the consignors' livestock for services rendered by the applicant in the operation of the livestock market;
(e) the location of other livestock markets within a radius of 200 miles of the proposed livestock market and the names and addresses of the operators of those markets;
(f) a detailed statement of the facts upon which the applicant relies to show public convenience and necessity for the livestock market, including the trade area to be served, the economic benefits to the livestock industry, the services to be offered, and the anticipated revenue from inspection that may be derived by the state;
(g) if the applicant is a foreign corporation, its principal place of business outside the state, the state in which it is incorporated, and a showing that it is in compliance with the laws relating to foreign corporations doing business in this state;
(h) a detailed financial statement showing that current assets exceed current liabilities and that long-term assets exceed long-term liabilities;
(i) any additional information the department may require.
History: En. Sec. 9, Ch. 566, L. 1979; amd. Sec. 2678, Ch. 56, L. 2009.

Structure Montana Code Annotated

Montana Code Annotated

Title 81. Livestock

Chapter 8. Marketing

Part 2. Livestock Markets and Dealers

81-8-201. Repealed

81-8-202. Repealed

81-8-203. Repealed

81-8-204. Repealed

81-8-205. Repealed

81-8-206. Repealed

81-8-207. Repealed

81-8-208. Repealed

81-8-209. Repealed

81-8-210. Repealed

81-8-211. Short title

81-8-212. Purpose

81-8-213. Definitions

81-8-214. Regulation of certain nonmarket sales

81-8-215. Quarantine of diseased animals

81-8-216. Penalties

81-8-217. Jurisdiction

81-8-218. through 81-8-230 reserved

81-8-231. Duties of department

81-8-232. Posting of certificate or license

81-8-233. Title warranty of livestock sold

81-8-234. Financial responsibility

81-8-235. Penalties for financial violations

81-8-236. Injunctive remedy

81-8-237. through 81-8-250 reserved

81-8-251. Certificate to operate livestock market required -- application

81-8-252. Hearing on application for certificate -- decision

81-8-253. Transfer of certificate

81-8-254. Cancellation or suspension of certificate

81-8-255. Appeal by holder of or applicant for certificate

81-8-256. Fee to operate livestock market

81-8-257. Repealed

81-8-258. Records and reports

81-8-259. Occasional off-premises sales

81-8-260. Dispersal sales

81-8-261. Inspection of public markets

81-8-262. Sale of animals of unknown ownership

81-8-263. Duties when ownership in doubt

81-8-264. Satellite video livestock auction market -- license to transact business -- license fee -- contract -- renewal

81-8-265. Refusal to issue or renew license -- suspension or revocation

81-8-266. through 81-8-270 reserved

81-8-271. License to operate as livestock dealer -- application

81-8-272. Issuance of livestock dealer's license

81-8-273. Refusal to issue or renew license

81-8-274. Suspension or revocation of license

81-8-275. Termination of license

81-8-276. Annual fee and financial statement

81-8-277. Repealed

81-8-278. Records

81-8-279. Penalties