2019 New Mexico Statutes
Chapter 77 - Animals and Livestock
Article 10 - Livestock Auction Markets
Section 77-10-2 - Necessity of license; application; fee; bond; cancellation of license; copies.

A. It is unlawful for a person to operate a livestock auction market in this state unless he is the holder of an unexpired, uncanceled license issued by the board.

B. An application to operate a livestock auction market shall set forth:

(1) the name and address of the applicant;

(2) the location of the livestock auction market for which application is made; and

(3) a description of the facilities afforded by the livestock auction market.

C. The application shall be accompanied by the payment of a license fee set by the board not to exceed the amount prescribed by law.

D. The applicant shall file with the packers and stockyards division of the United States department of agriculture a bond in the penal sum as prescribed by the packers and stockyards division and approved by the board and conditioned that the principal shall comply with the terms of the surety and with all of the terms and conditions of Chapter 77, Article 10 NMSA 1978, with some surety company authorized to do business in this state.

E. If the applicant satisfies the conditions of application, the board shall issue a license good for one year to operate the livestock auction market at the location specified in the application.

F. A license issued in accordance with this section may be canceled by the board for violation of Chapter 77, Article 10 NMSA 1978 by the licensee, and the board may refuse to issue a license to a person whose previous license has been canceled or to any firm, association or corporation of which he is a member or by which he is employed.

G. It is unlawful for an operator to employ a person whose license was canceled by the board or to operate a livestock auction market in which that person has direct or indirect interest.

H. The bond required by this section shall be for the benefit of a person damaged by a breach of the condition of the bond, and the person damaged shall be entitled to bring an action on the bond in his own name. The board shall furnish a certified copy of the bond to a person who applies for a copy on payment of the fee set by the board for copy services.

History: Laws 1937, ch. 59, § 2; 1941 Comp., § 49-1002; 1953 Comp., § 47-10-2; Laws 1969, ch. 175, § 2; 1999, ch. 282, § 72.

The 1999 amendment, effective July 1, 1999, substituted "livestock auction market" for "sales ring" in Subsection A and made similar substitutions throughout the section; substituted "An application to operate a livestock auction market" for "Any person, except as herein otherwise provided on application to the board in such form as the board shall prescribe, wherein" in the introductory language to Subsection B; added the Subsection C to H designations; substituted "fee set by the board not to exceed the amount prescribed by law" for "fee of twenty-five dollars ($25.00)" in Subsection C; in Subsection D, inserted "and approved by the board", substituted "terms of the surety" for "terms set forth therein or, in lieu of such bond, the filing of a bond approved by the board as to form and sufficiency in a penal sum of ten thousand dollars ($10,000), conditioned that the principal shall comply", and updated the statutory reference; updated the statutory reference in Subsection F; substituted "the fee set by the board for copy services" for "a fee of one dollar ($1.00)"; and made stylistic changes throughout the section.

When bonding requirement without effect. — In those instances where a livestock sales ring is operated so as to come within the provisions of the federal Packers and Stockyard Act, 7 U.S.C. §§ 181 to 231, a state bonding requirement is without effect and unenforceable. 1958 Op. Att'y Gen. No. 58-107.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 51 Am. Jur. 2d Licenses and Permits § 1 et seq.

53 C.J.S. Licenses § 1 et seq.