411.255. Operations for which a license is required--administrative penalty for operating without license.
Operations for which a license is required--administrative penalty foroperating without license.
411.255. 1. No person shall:
(1) Operate a warehouse for storage of grain;
(2) Hold himself out as being in the grain storage business,or as offering storage facilities for grain;
(3) Advertise for, solicit or accept grain for storage;
(4) Carry on a grain bank operation, or receive and storegrain for which a like quantity of grains is to be returned ordelivered in any form to the depositor thereof without firstobtaining and keeping in force an annual license issued by thedepartment authorizing the operation of a public grain warehouse;provided, that all licenses issued prior to April 22, 1986, bythe department shall remain valid for all purposes unlessterminated, surrendered or revoked as provided in this chapter.
2. Two or more warehouses which constitute a singleoperating unit may be licensed under a single license if:
(1) The same warehouseman operates each warehouse inconjunction with the other;
(2) All the warehouses are functioning under the same nameand with the same personnel, office, books and records; and
(3) The warehouses are within a fifty mile radius of thewarehouseman's principal office.All warehouses licensed under a single license shall be treatedas a single warehouse for all the purposes of this chapter,excepting issuance of warehouse receipts and receipt and deliveryof grain.
3. A licensed warehouseman shall not store grain in anyunlicensed facility.
4. Following an administrative hearing, the director mayrequire the warehouseman to pay a penalty of not more than fivehundred dollars per day for each day the warehouseman is found tobe operating without a license or bond. In determining whetherto assess the penalty, the director shall ascertain whether thewarehouseman has continued to operate without a license or bondafter being informed by the department in writing by certifiedmail of the need for licensing. Any penalties collected by thedirector under this section shall be deposited in the generalrevenue fund. In the event that a person penalized under thissection fails to pay the penalty, the director may apply to thecircuit court of Cole County for, and the court may enter, anorder enforcing the penalty.
(L. 1977 S.B. 75 § 2, A.L. 1986 H.B. 1578)Effective 4-22-86