ยง145-2 - Licenses.
ยง145-2ย Licenses.ย No person shall act
as a commission merchant, dealer, broker, agent, processor, or retail merchant
without having obtained a license as prescribed by rules of the department.
In addition to the general requirements
applicable to all classes of applications as prescribed by rule, the following
requirements shall apply to each class of application noted:
(1)ย Commission merchants and brokers:ย Each
application shall include a schedule of commissions and charges for services,
and the designated commissions and charges shall not be changed or varied for
the license period except by written contract between the parties.ย In
addition, each application shall be accompanied by the surety bond required by
section 145-4.
(2)ย Agents:ย Each application shall include the name
and address of each commission merchant, dealer, or broker represented or
sought to be represented by the agent, the written indorsement or nomination of
the commission merchant, dealer, or broker, and such additional information as
the department may consider proper or necessary.ย The department shall
thereupon issue to the applicant a license entitling the applicant to conduct
the business described in the application at the place named in the application
for a year from the date thereof, or until the same is revoked for cause;
provided that the license of an agent shall expire upon the date of expiration
of the license of the principal for whom the agent acts.ย The department may
also issue to each agent a card or cards which shall bear the signature of the
agent, separate cards being required for each principal.ย Any agent shall show
the card or cards upon the request of any interested person.ย Any agent who
displays a void or expired license card shall be punished as provided in
section 145-12.
Fraud or misrepresentation in making any
application shall ipso facto work a revocation of any license granted
thereunder.ย All indicia of the possession of a license shall be at all times
the property of the State and each licensee shall be entitled to the possession
thereof only for the duration of the license.
For filing the application for license, each
applicant shall pay a fee as prescribed by the department.
Should any commission merchant, dealer, broker,
agent, processor, or retail merchant refuse, fail, or neglect to apply for the
renewal of a preexisting license within thirty days after the expiration
thereof, a penalty of forty per cent shall apply to and be added to the
original fee as prescribed by the department, and shall be paid by the
applicant before the renewal license may be issued.
Any person who has applied for and obtained a
license within the classification of commission merchant, in the manner and
upon payment of the fee set forth, may apply for and secure a license in the
other classifications without payment of further fee, and upon further
complying with those provisions of this part regulating the licensing of the
other particular classification involved.ย All licenses held by any licensee
under this section shall automatically expire on the expiration date for the
particular license for which the license fee was paid. [L 1951, c 74, pt of ยง1;
RL 1955, ยง23-2; am L Sp 1959 2d, c 1, ยง22; am L 1961, c 132, ยง2; HRS ยง145-2; am
L 1972, c 39, ยง2; am L 1983, c 258, ยง2; am L 1984, c 116, ยง1]