55-5a-4 - Issuance of permits -- Eligibility -- Fee -- Local license or permit.
55-5a-4. Issuance of permits -- Eligibility -- Fee -- Local license or permit.
(1) The division may adopt rules and regulations, prescribe procedures, adopt forms andapplications, review applications for permits, and issue permits as required by Section 55-5a-3subject to the following:
(a) A product shall be considered "blind-made" if 75% or more of the direct labor hoursrequired for its manufacture are provided by the blind.
(b) A person or organization shall be considered to be selling blind-made products if 60%or more of the wholesale cost of the seller's average inventory of products is blind-made and theseller clearly differentiates by the use of labels or other markings between blind-made productsand other products.
(c) Individuals or businesses are conducting sales by the blind if 75% or more of thedirect labor hours in packaging, marketing, soliciting and making sales are provided by the blind.
(d) Upon receipt of appropriate documentation indicating qualification of a person ororganization seeking a license under this act, the division shall issue permits for any one, or acombination of the following: sale of products manufactured by the blind, sale of blind-madeproducts by the blind, and sale by the blind of products not made by the blind.
(e) No permit shall be issued by the division if the business name, trade name or logo ofthe organization seeking the permit is similar to the name of or in any way implies an affiliationwith or support of the state or one of its agencies or subdivisions if the organization is not soaffiliated.
(2) A fee of not more than $5 shall be charged for the issuance and renewal of eachpermit which shall be valid for a period of one year unless earlier revoked for good cause shown.
(3) No political subdivision of this state shall issue any license or permit whatsoever tosell blind-made goods, articles or products unless the person applying for that license or permithas first obtained a valid permit issued by the division.
Amended by Chapter 191, 1979 General Session