Rule 40-18-2-.02 - Licensing(1) It shall be unlawful for any person, firm or corporation to engage in the business of a tobacco dealer or a non-auction tobacco dealer without first having secured a license therefore from the Commission of Agriculture of the State of Georgia. The license shall be applied for on a form furnished by the Commissioner. The form shall require the following information: (a) Name in which business is conducted;(b) Business mailing address;(c) Is business owned by one person, a partnership or corporation?;(d) Full names, titles and address of owner, partners and officers.(e) Is application for a renewal or new license? If application is for a renewal of a non-auction tobacco dealer's license or if the applicant purchased tobacco from producers other than at auction during the previous marketing year, the amount purchased at non-auction sales from producers during such period;(f) If a renewal, give year and license number for year your last license was issued;(g) Give name of your legal agent for service authorized to represent you in Georgia. In the event no agent is designated for service, the Secretary of State by virtue of your application for license is designated as your agent for service of process;(h) List of names and addresses of all persons to be certified with the Georgia Department of Agriculture to purchase tobacco on the Georgia flue-cured tobacco auction markets as your representative or agent. Additional persons may be certified upon the written request of the licensee to the Commissioner. In the event any person issued a certificate by the Commissioner becomes disassociated with the licensee during the license period, their certificate shall be returned to the Commissioner.(2) There shall be no charge for Auction Tobacco Dealer's licenses, which shall be issued on an annual basis. (2.1) License fees for Non-Auction Tobacco Dealer licenses shall be $150.00 on an annual basis. Bond requirements for such dealers shall be as provided for in O.C.G.A. Section 10-4-115(b).(3) All authorized representatives or agents of a licensed tobacco dealer acting in the capacity of a tobacco dealer must be properly identified by a certificate issued by the Commissioner giving the names and identity of the licensed tobacco dealer they represent. Such authorized representative or agent shall be required to meet the standards as set forth in this rule and regulation as if he were the licensed tobacco dealer. The actions of any authorized representative or agent of a licensed tobacco dealer shall be deemed the actions of the licensed tobacco dealer, and the dealer shall be responsible and accountable for the actions of said authorized representative or agent.(4) Persons licensed as non-auction tobacco dealer can act only for themselves and are not authorized to name representatives or agents to act in their behalf in the purchase of non-auction tobacco from producers.Ga. Comp. R. & Regs. R. 40-18-2-.02
O.C.G.A. Sec. 10-4-6et seq.
Original Rule entitled "Licensing" adopted. F. May 6, 1974; eff. May 26, 1974.Repealed: New Rule of same title adopted. F. Nov. 3, 1977; eff. Nov. 23, 1977.Amended: F. July 5, 2001; eff. July 25, 2001.Amended: F. June 21, 2010; eff. July 11, 2010.