N.Y. Agriculture & Markets Law § 248: Dealers to be licensed and to provide security and to deposit fee

§ 248. Dealers to be licensed and to provide security and to deposit

fee. 1. (a) No person shall act as a dealer unless licensed as provided

in this article. Application shall be made upon such forms and at such

times as prescribed by the commissioner. Renewal applications shall be

submitted to the commissioner at least thirty days prior to the

expiration of the existing license. No action will be taken on

applications deemed incomplete by the commissioner. The applicant shall

furnish evidence of his or her good character, financial statements,

prepared and certified by a certified public accountant when required by

the commissioner, and evidence that he or she has adequate physical

facilities for receiving and handling farm products or processing farm

products if he or she is to act as a dealer. The commissioner, if so

satisfied, shall issue to such applicant, upon the filing of a bond or

letter of credit and upon payment of a fee to be deposited into the

agricultural producers security fund as hereinafter provided, a license

entitling the applicant to conduct the business of a dealer in farm

products for a period of one year. Notwithstanding any other provision

of this section, an applicant who intends to pay and a licensee who pays

upon delivery for purchases of farm products from producers, in cash, or

cash equivalent, including only certified or bank check, money order,

electronic funds transfer, or by debit card, shall be exempt from filing

a bond or letter of credit. In the event that a licensee who has been so

exempted from filing a bond or letter of credit fails to pay cash or a

cash equivalent upon delivery for any purchase of farm products from a

producer, such licensee shall file a bond or letter of credit as

otherwise required by this section with the commissioner no later than

ten business days from the date the commissioner notifies the licensee

that such bond or letter of credit is required.

(b) The commissioner is authorized to stagger the commencement of the

license year among licensees, and shall prorate the license application

fee and agricultural producers security fund fee accordingly.

Notwithstanding any other provision of law to the contrary, the

commissioner is hereby authorized and directed to deposit all license

fees received pursuant to this section in the agricultural producers

security fund.

2. Before commencing or doing any business for the time for which a

license has been issued, said license shall be enclosed in a suitable

wood or metal frame having a clear glass space and a substantial wood or

metal back so that the whole of said license may be seen therein, and

shall be posted and at all times displayed in a conspicuous place in the

room where such business is carried on, so that all persons visiting

such place may readily see the same.