Subject 40-16-3 EQUINE
The following words or terms shall have the meaning set forth
herein when used in these rules and regulations:
| (a) |
Equine shall include horses, mules, asses
and any other member of the Equidae species. |
| (b) |
Dealer or Broker. The words "dealer" or
"broker" as used in these regulations shall mean any person, firm or
corporation engaged in the business of buying equines of any kind for resale or
in selling equines of any kind bought for the purpose of resale or in buying
equines of any kind for slaughter; and every agent acting for or on behalf of
any dealer or broker or auction operator is for the purpose of this Act a
dealer or broker; provided, however, that any person acquiring equines for the
purpose of using as a part of their operations or for pleasure only are exempt
from the definition herein applicable to dealer or broker. |
| (c) |
Barn, Auction or Sales Operator. The
words "barn, auction or sales operator" as used in these regulations shall mean
any person, firm or corporation engaged in the business of operating public
auctions or sales of equines, or of operating barns and yards for the
concentration of equine held for the purpose of auction or sale. |
| (d) |
Special Sales. A special sale shall be
any sale by a dealer or broker, barn, auction or sales operator held at a time
other than a regularly scheduled time, except that any sale by an individual of
his own entire stock of equines or part thereof, on his own premises, shall not
be considered a special sale. |
| (d) |
Bond. "Bond" shall mean a written instrument issued or executed by a bonding,
surety or insurance company licensed to do business in Georgia guaranteeing
that the person bonded shall faithfully fulfill the terms of the contract of
purchase and guarantee the payment of the purchase price of all equines
purchased by him, made payable to the Commissioner for the benefit of persons
sustaining loss resulting from the non-payment of the purchase price or the
failure to fulfill the terms of the contract of purchase. |
| (1) |
No barn, auction or sales operator
engaged in the sale of equine shall engage in or carry on such business without
first having applied for and obtained a license from the Commissioner. No
equine dealer or broker who buys or sells through a barn, auction or sale
operator shall engage in or carry on such business without first having applied
for and obtained a license from the Commissioner; provided that said license
shall be permanent until cancelled, suspended, revoked, or surrendered. Said
license shall be nontransferable and free of charge. Any person, firm or
corporation commencing operation of a new sales establishment for the sale of
equine at auction, and any dealer or broker commencing such a business, shall,
prior to obtaining a license, post a bond as required by this section. The
provisions of this section requiring the posting of a bond shall not apply to
any authorized agent of a person, firm, or corporation having posted the bond
required by this Code section, which such agent is acting for and on behalf of
such principal. |
| (2) |
No person shall
operate a sales establishment for the sale of equine at auction unless he has
then in force a bond in an amount calculated as follows:
| (a) |
If the annual sales of the establishment
are $2,600,000.00 or less, the amount of the bond shall be one fifty-second of
the amount of annual sales but not less than $10,000.00. |
| (b) |
If the annual sales of the establishment
are more than $2,600,000.00 the amount of the bond shall be $50,000.00 plus one
fifty-second of the amount of annual sales in excess of $2,600,000.00 times a
factor of 0.20; or |
| (c) |
An amount
calculated under paragraph (a) or (b) of this subsection, if not a multiple of
$5,000.00, shall be rounded to the nearest higher multiple of
$5,000.00. |
|
| (3) |
No dealer
or broker shall purchase equine at any sales establishment or directly from
producers unless he has then in force a bond in the amount calculated as
follows:
| (a) |
Determine a number which is the
number of days during the preceding year on which the dealer or broker did
business; |
| (b) |
Divide the total
dollar value of livestock purchased by the dealer or broker during the
preceding year by the lesser of:
| 1. |
One-half
of the number determined under paragraph (a) of this subsection; or |
|
| (c) |
Adjust the amount obtained under
paragraph (b) of this subsection as follows:
| 1. |
If the amount obtained under paragraph (b)
of this subsection is more than $10,000.00 or less, then the amount of the bond
shall be $10,000.00; |
| 2. |
If the
amount obtained under paragraph (b) of this subsection is more than $10,000.00
but not more than $75,000.00 then that amount shall be the amount of the bond;
or |
|
| (d) |
If the amount
obtained under paragraph (b) of this subsection is more than $75,000.00 then
the amount of the bond shall be the sum of $75,000.00 plus 10 percent of the
amount by which the amount obtained under paragraph (b) of this subsection
exceeds $75,000.00; and |
| (e) |
An
amount calculated under paragraph (d) of this subsection, if not a multiple of
$5,000.00 shall be rounded up to the nearest multiple of $5,000.00. |
|
| (4) |
Any equine dealer, broker, or
sales establishment operator who would otherwise be required by this section to
post a bond who has posted a current livestock dealer's, or sales
establishment's bond under Chapter 6 of this title shall not be required to
post any bond under this section if livestock dealer's, broker's, or sales
establishment's bond, in addition to meeting all requirements of Chapter 6 of
this title, meets the requirements of paragraph (1) of Code Section
4-4-111. |
| (5) |
In calculating amount of bonds under this
Code section, the total amount of annual sales or annual purchases for the
preceding calendar year shall be used; but, if an applicant for a license does
not have an annual sales history, the Commissioner shall estimate the amount of
annual sales or annual purchases which will occur. |
| (1) |
Every licensed
dealer or broker and every licensed barn, auction or sales operator or other
person subject to this Act, who shall violate this Act or the Rules and
Regulations established by the Commissioner pursuant to this Act upon a notice
and hearing, shall have his license revoked, cancelled or suspended. |
| (2) |
Injunctions. The Commissioner is
authorized to seek an injunction against any person, firm or corporation to
whom this Act is applicable for violation of any provisions of this Act or any
rules and regulations promulgated hereunder. The Superior Court of the county
in which venue is proper shall upon hearing and for cause shown, grant a
temporary or permanent injunction restraining any person, firm, or corporation
from committing such violation, notwithstanding, whether or not there exists an
adequate remedy at law. |
| (3) |
Any
person violating the provisions of these regulations shall be guilty of a
misdemeanor. |
