RCW 16.65.030
Public livestock market license—Application—Contents—Fee—Public hearing.
(1) No person shall operate a public livestock market without first having obtained a license from the director. Application for a license shall be in writing on forms prescribed by the director, and shall include the following:
(a) A nonrefundable original license application fee of two thousand dollars.
(b) A legal description of the property upon which the public livestock market shall be located.
(c) A complete description and blueprints or plans of the public livestock market physical plant, yards, pens, and all facilities the applicant proposes to use in the operation of such public livestock market.
(d) A financial statement, audited by a certified or licensed public accountant, to determine whether or not the applicant meets the minimum net worth requirements, established by the director by rule, to construct and/or operate a public livestock market. If the applicant is a subsidiary of a larger company, corporation, society, or cooperative association, both the parent company and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the minimum net worth requirements. All financial statement information required by this subsection is confidential information and not subject to public disclosure.
(e) The schedule of rates and charges the applicant proposes to impose on the owners of livestock for services rendered in the operation of such livestock market.
(f) The weekly or monthly sales day or days on which the applicant proposes to operate his or her public livestock market sales and the class of livestock that may be sold on these days.
(g) Projected source and quantity of livestock anticipated to be handled.
(h) Projected gross dollar volume of business to be carried on, at, or through the public livestock market during the first year's operation.
(i) Facts upon which is based the conclusion that the trade area and the livestock industry will benefit because of the proposed market.
(j) Other information as the director may require by rule.
(2) If the director determines that the applicant meets all the requirements of subsection (1) of this section, the director shall conduct a public hearing as provided by chapter 34.05 RCW, and shall grant or deny an application for original license for a public livestock market after considering evidence and testimony relating to the requirements of this section and giving reasonable consideration to:
(a) Benefits to the livestock industry to be derived from the establishment and operation of the public livestock market proposed in the application;
(b) The geographical area that will be affected;
(c) The conflict, if any, with sales days already allocated in the area;
(d) The amount and class of livestock available for marketing in the area;
(e) Buyers available to the proposed market; and
(f) Any other conditions affecting the orderly marketing of livestock.
(3) Before a license is issued to operate a public livestock market, the applicant must:
(a) Execute and deliver to the director a surety bond as required under RCW 16.65.200;
(b) Provide evidence of a custodial account, as required under RCW 16.65.140, for the consignor's proceeds;
(c) Pay the appropriate license fee; and
(d) Provide other information required under this chapter and rules adopted under this chapter.
[ 2003 c 326 § 65; 1995 c 374 § 54; (1994 c 46 § 21 repealed by 1995 c 374 § 55); 1994 c 46 § 12; 1993 c 354 § 1; 1991 c 17 § 1; 1979 ex.s. c 91 § 1; 1971 ex.s. c 192 § 1; 1967 ex.s. c 120 § 5; 1961 c 182 § 2; 1959 c 107 § 3.]
NOTES:
Effective dates—2003 c 326: See RCW 16.57.902.
Prior legislative approval—1994 c 46: "The reenactment of sections 12 through 20 of this act constitutes approval of fee increases for which prior legislative approval is required by RCW 43.135.055 (section 8, chapter 2, Laws of 1994, Initiative Measure No. 601)." [ 1994 c 46 § 26.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Structure Revised Code of Washington
Title 16 - Animals and Livestock
Chapter 16.65 - Public Livestock Markets.
16.65.015 - Application of chapter—Exceptions.
16.65.030 - Public livestock market license—Application—Contents—Fee—Public hearing.
16.65.037 - License—Restrictions—Fees.
16.65.040 - Public livestock market license—Expiration—Renewal—Penalty.
16.65.044 - Public livestock market—Open consignment horse sale—Consignor's name.
16.65.050 - Disposition of fees.
16.65.060 - License to be posted.
16.65.080 - Denial, suspension, revocation of license—Reasons—Hearing.
16.65.090 - Livestock inspection—Consignor's fee—Inspection fee—Call out fee.
16.65.100 - Livestock inspection—Purchaser's fee.
16.65.120 - Disposition of proceeds of sale—Limitations on licensee.
16.65.130 - Unlawful use of consignor's net proceeds.
16.65.140 - Custodial account for consignor's proceeds—Authorized withdrawals—Accounts and records.
16.65.150 - Penalty for failure to disclose unsatisfied lien, mortgage.
16.65.160 - Delivery of proceeds and invoice to consignor or shipper.
16.65.170 - Records of licensee—Contents.
16.65.180 - Unjust, unreasonable, discriminatory rates or charges prohibited.
16.65.190 - Schedule of rates and charges.
16.65.200 - Licensee's bond to operate market or special open consignment horse sale.
16.65.230 - Licensee's bond to operate market—One bond for each market.
16.65.235 - Cash or other security in lieu of surety bond—Rules.
16.65.240 - Action on bond—Fraud of licensee.
16.65.250 - Action on bond—Failure to comply with chapter.
16.65.260 - Licensee's failure to pay vendor, consignor—Complaint—Director's powers and duties.
16.65.270 - Licensee's failure to pay vendor, consignor—Failure of vendor, consignor to file claim.
16.65.320 - Investigations by director—Complaints.
16.65.330 - Investigations—Powers of director.
16.65.350 - Examinations—Sanitary and health practices and standards—Rules.
16.65.360 - Facilities—Sanitation—Requirements.
16.65.370 - Watering, feeding facilities—Unlawful acts.
16.65.380 - Adequate facilities and space required for veterinarians to function.
16.65.400 - Weighing of livestock at public livestock market.
16.65.410 - Packer's interest in market limited.
16.65.424 - Additional sales days limited to sales of horses and/or mules.
16.65.430 - Information and records available to director and news services.