New York Agriculture and Markets Code § 258-C

Granting and revoking licenses
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§ 258-c. Granting and revoking licenses. No license shall be denied to\na person not now engaged in business as a milk dealer, or for the\ncontinuation of a now existing business, and no license shall be denied\nto authorize the extension of an existing business by the operation of\nan additional plant or other new additional facility, unless the\ncommissioner finds after due notice and opportunity of hearing to the\napplicant or licensee, that the applicant is not qualified by character\nor experience or financial responsibility or equipment properly to\nconduct the proposed business, provided however, that no new application\nshall be denied solely for the reason of inadequate equipment if it is\nshown that provision has been made for the acquisition of same. The\ncommissioner may also decline to grant or renew a license or may suspend\nor revoke a license already granted in whole or in part, upon due notice\nand opportunity of hearing to the applicant or licensee, when he is\nsatisfied of the existence of any of the following reasons:\n  (a) That a milk dealer has rejected, without reasonable cause, any\nmilk purchased or has rejected without reasonable cause or reasonable\nadvance notice, milk delivered in ordinary continuance of a previous\ncourse of dealing, except where contract has been lawfully terminated.\n  (b) That the milk dealer has failed to account and make payment\nwithout reasonable cause, for any milk purchased.\n  (c) That the milk dealer has committed any act injurious to the public\nhealth or public welfare.\n  (d) Where the milk dealer is insolvent or has made a general\nassignment for the benefit of creditors or has been adjudged a bankrupt\nor where a money judgment has been secured against him, upon which an\nexecution has been returned wholly or partly unsatisfied.\n  (e) Where the milk dealer has continued in a course of dealing of such\na nature as to satisfy the commissioner of his inability or\nunwillingness properly to conduct the business of receiving or selling\nmilk or to satisfy the commissioner of his intent to deceive or defraud\nproducers or consumers.\n  (f) Where the milk dealer has been a party to a combination to fix\nprices, contrary to law. A co-operative association of dairymen\norganized under or operated pursuant to the provisions of chapter\nseventy-seven of the consolidated laws and engaged in making collective\nsales or marketing for its members or shareholders of dairy products\nproduced by its members or shareholders shall not be deemed or construed\nto be a conspiracy or combination in restraint of trade or an illegal\nmonopoly nor shall the contracts, agreements, arrangements or\ncombinations heretofore or hereafter made by such association, or the\nmembers, officers or directors thereof, in making such collective sales\nand marketing and prescribing the terms and conditions thereof, be\ndeemed or construed to be conspiracies or to be injurious to public\nwelfare, trade or commerce, if otherwise authorized by such chapter or\nlaw. The provisions of and the remedies provided by this subdivision,\nsection and article shall be in addition to and shall not preempt or\ndisplace the provisions of article twenty-two of the general business\nlaw.\n  (g) Where there has been a failure either to keep records or to\nfurnish the statements or information required by the commissioner.\n  (h) Where it is shown that any material statement upon which the\nlicense was issued is or was false or misleading or deceitful in any\nparticular.\n  (i) Where the applicant or licensee has been convicted of a felony.\n  (j) Where the applicant is a partnership or a corporation and any\nindividuals holding any position or interest or power of control therein\nhas previously been responsible in whole or in part for any act on\naccount of which a license may be denied, suspended or revoked, pursuant\nto the provisions of this article.\n  (k) Where the milk dealer has violated any of the provisions of th

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