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
Part 2. Livestock Markets and Dealers
81-8-214. Regulation of certain nonmarket sales
81-8-215. Quarantine of diseased animals
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
81-8-237. 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
81-8-259. Occasional off-premises 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
81-8-265. 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