Section 9. Dealers in Agricultural Products, 2-9-1 through 2-9-45.
ARTICLE 2
GRAIN DEALERS
2-9-34. Bond - Required.
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Before any license is issued, the applicant shall make and deliver to the Commissioner a surety bond in the amount of 20 percent of the average of the highest dollar volume of grain purchases from producers made in any single month for each of the three preceding calendar years or such shorter period of years as the applicant has done business as a grain dealer, provided that the minimum amount of such bond shall be $20,000.00 and the maximum amount of such bond shall be $300,000.00. If a licensed grain dealer operates his or her grain-dealing activities at more than one physical location, he or she shall furnish a surety bond for each location of grain-dealing activities, each bond to be computed as stated in this Code section and each bond to be subject to the minimum and maximum amounts stated in this Code section. The bonds shall be executed by a surety corporation authorized to transact business in this state and approved by the Commissioner. Any and all bond applications shall be accompanied by a certificate of "good standing" issued by the Commissioner of Insurance. If any company issuing a bond shall be removed from doing business in this state, it shall be the duty of the Commissioner of Insurance to notify the Commissioner of Agriculture within 30 days. Such bonds shall be upon forms prescribed by the Commissioner and shall be conditioned to secure the faithful accounting for and payment to the producers or their agents or representatives of the proceeds of all grain handled or sold by such dealer. Whenever the Commissioner shall determine that a previously approved bond has for any cause become insufficient, the Commissioner may require an additional bond or bonds to be given, conforming with the requirements of this Code section. Unless the additional bond or bonds are given within the time fixed by written demand therefor, or if the bond of a dealer is canceled, the license of such person shall be immediately revoked by operation of law without notice or hearing.
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In lieu of a surety bond, the Commissioner may accept a cash bond which shall be subject in all respects to the same claims and actions as would exist against a surety bond.
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If the surety bond or cash bond of a licensed grain dealer is canceled, the license of such grain dealer shall immediately be revoked by operation of law without notice or hearing.
(Ga. L. 1976, p. 512, § 6; Ga. L. 1977, p. 245, § 2; Ga. L. 1981, p. 927, § 1; Ga. L. 1983, p. 3, § 3; Ga. L. 1983, p. 831, § 2; Ga. L. 1985, p. 643, § 2; Ga. L. 1999, p. 800, § 4; Ga. L. 2013, p. 797, § 6/HB 268.)
OPINIONS OF THE ATTORNEY GENERAL
Warehouse license-holder required to acquire separate "grain dealer's" license.
- Individuals holding warehouse licenses issued pursuant to the Georgia State Warehousing Act, Ga. L. 1953, Nov.-Dec. Sess., p. 412,
§
1 et seq. (see now O.C.G.A.
§
10-4-1 et seq.) and bonded in accordance therewith must acquire a separate "grain dealer's" license and surety bond if engaging in the activities of a "grain dealer." 1976 Op. Att'y Gen. No. 76-41.
Federally licensed warehousemen do not have to acquire separate bonding and licensing
mandated by
§
2-9-31 and this section, but are accorded the exemption provided by
§
2-9-44(3). 1978 Op. Att'y Gen. No. 78-11.
RESEARCH REFERENCES
ALR.
- Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.
