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. |
