§ 130A-269. Payment of fees; licenses.
§130A‑269. Payment of fees; licenses.
(a), (b) Repealed bySession Laws 1987, c. 456, s. 7.
(c) The Departmentshall administer and enforce this Part. A person who has done business in thisState throughout the preceding calendar year shall obtain a license by paying afee to the Department in an amount determined by the total number of beddingunits manufactured, sold, or sanitized in this State by the applicant duringthe calendar year immediately preceding, at the rate of five and two tenthscents (5.2¢) per bedding unit. However, if this amount is less than fiftydollars ($50.00), a minimum fee of fifty dollars ($50.00) shall be paid to theDepartment.
(d) A person who hasnot done business in this State throughout the preceding calendar year shall obtaina license by paying an initial fee to the Department in the amount of sevenhundred twenty dollars ($720.00) for the first year in which business is donein this State, prorated in accordance with the quarter of the calendar year inwhich the person begins doing business. After submission of proof of businessvolume in accordance with subsection (h) of this section for the part of thepreceding calendar year in which the person did business in this State, theDepartment shall determine the amount of fee for which the person isresponsible for that time period by using a rate of five and two tenths cents(5.2¢) for each bedding unit. However, if this amount is less than fiftydollars ($50.00), then the amount of the fee for which the person is responsibleshall be fifty dollars ($50.00). If the person's initial payment is more thanthe amount of the fee for which the person is responsible, the Department shallmake a refund or adjustment to the cost of the fee due for the next year in theamount of the difference. If the initial payment is less than the amount ofthe fee for which the person is responsible, the person shall pay thedifference to the Department.
(d1) Payments, refunds,and adjustments shall be made in accordance with rules adopted by theCommission.
(d2) Upon payment of thefees charged pursuant to subsections (c) and (d), or the first installmentthereof as provided by rules adopted by the Commission, the Department shallissue a license to the person. Licenses shall be kept conspicuously posted inthe place of business of the licensee at all times. The Secretary may suspenda license for a maximum of six months for two or more serious violations ofthis Part or of the rules of the Commission, within any 12‑month period.
(e) A maximum fee ofseven hundred fifty dollars ($750.00) shall be charged for units of beddingmanufactured in this State but not sold in this State.
(f) For the solepurpose of computing fees for which a person is responsible, the followingdefinitions shall apply: One mattress is defined as one bedding unit; oneupholstered spring is defined as one bedding unit; one pad is defined as onebedding unit; one sleeping bag is defined as one bedding unit; five comforters,pillows or decorative pillows are defined as one bedding unit; and any otheritem is defined as one bedding unit.
(g) An application forlicense must be submitted on a form prescribed by the Secretary. No license maybe issued to a person unless the person complies with the rules of theCommission governing the granting of licenses.
(h) The Commissionshall adopt rules for the proper enforcement of this section. The rules shallinclude provisions governing the type and amount of proof which must besubmitted by the applicant to the Department in order to establish the numberof bedding units that were, during the preceding calendar year:
(1) Manufactured andsold in this State;
(2) Manufactured outsideof this State and sold in this State; and
(3) Manufactured in thisState but not sold in this State.
(i) The Commission mayprovide in its rules for additional proof of the number of bedding units soldduring the preceding calendar year when it has reason to believe that the proofsubmitted by the manufacturer is incomplete, misleading or incorrect. (1937,c. 298, s. 5; 1949, c. 636; 1957, c. 1357, s. 1; 1965, c. 579, s. 3; 1967, c.771; 1971, c. 371, ss. 4‑7; 1973, c. 476, s. 128; 1983, c. 891, s. 2;1987, c. 456, s. 7.)