Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-11-3 - Permits3.1. Permit -- All persons desiring to operate a public market shall obtain a permit from the Commissioner.3.2. Application for permit. -- All persons applying for a permit to operate a public market shall make application to the Commissioner on forms furnished by him. The application shall contain the following:3.2.1. Proposed location of such market;3.2.2. Type of ownership: Individual, partnership, corporation or association;3.2.3. Principal owners and their addresses;3.2.5. A fee of twenty dollars ($20.00);3.2.6. A plat showing the location and the amount of land, including its elevations, in relation to highways or railroads and general accessibility to the public;3.2.7. Blueprints which show the details of construction of all barns, buildings and other facilities.3.2.8. Before a permit shall be issued by the Commissioner, the applicant shall furnish a bond payable to the State of West Virginia for the benefit of consignors, who may be wronged or damaged by any fraud or fraudulent practices of the market, in the amount prescribed by the Commissioner, but in no case shall the bond be less than the average bond maintained by all other public markets in the state that have been in operation more than twelve (12) months.3.3. Permit renewal. -- Persons operating a public market shall renew their permit annually. Applications for renewal of the permit shall be made on forms furnished by the Commissioner. The application shall be presented on or before the first day of July of each year and shall be accompanied by a bond payable to the State of West Virginia in the amount not to exceed one hundred twenty percent (120%) of the average of its sales during the preceding calendar year. A check or money order in the amount of twenty dollars ($20.00) shall accompany the application. 3.3.1. The Commissioner shall require a bond in an amount fixed by him when a public market has not operated for one (1) year previous to the date of application; however, in no case shall the bond be less than the average bond maintained by all other public markets in the state that have been in operation more than twelve (12) months.3.4. Transfer of permit. -- No person holding a permit to operate a public market shall sell or otherwise transfer such permit.3.5. The license of a public market may be suspended or revoked by the Commissioner upon not less than fifteen (15) days notice to the licensee for his failure to grade and classify according to the standards established by the United States Department of Agriculture upon the written request of the licensee, the Commissioner shall hold a hearing on the suspension or revocation in accordance with W. Va. Code '19-2A-14.