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03 LC 14 8134
House Bill 111
By: Representatives Bruce of the 45th, Bunn of the 63rd, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Thomas of the 33rd, Post 2, and others
By: Representatives Bruce of the 45th, Bunn of the 63rd, Mosby of the 59th, Post 3, Fludd of the 48th, Post 4, Thomas of the 33rd, Post 2, and others
A BILL TO BE
ENTITLED
AN ACT
AN ACT
To amend Part 1 of Article 8 of Chapter 1 of Title 10 of the
Official Code of Georgia Annotated, relating to sale of petroleum products, so
as to change provisions relating to registration of gasoline dealers; to require
registration to engage in the business of gasoline delivery; to provide for
certain information to be included in initial, annual, and amended applications
for registration; to authorize inspections of financial records and premises in
order to verify the accuracy of such information; to provide for criminal
history records checks; to provide for denial and revocation of registration; to
provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF
GEORGIA:
SECTION 1.
Part 1 of Article 8 of Chapter 1 of Title 10 of the Official
Code of Georgia Annotated, relating to sale of petroleum products, is amended by
striking Code Section 10_1_158, relating to registration of gasoline dealers,
and inserting in its place a new Code section to read as
follows:
"10_1_158.
(a) Every dealer in gasoline, before selling or exposing or offering for sale any gasoline, and annually thereafter, shall be required to register and shall make known to the Commissioner of Agriculturehis such
dealer´s desire to sell gasoline giving the name and manner and kind of
pump or pumps he will use that will be used and the
location of same, and shall keep the certificate or certificates of registration
issued by the Commissioner of Agriculture posted in a prominent and accessible
place in his such dealer´s place of business where
such gasoline is sold. The form of such certificate shall be designated by the
Commissioner of Agriculture.
(b) Every person or company engaged in the delivery of gasoline, before engaging in such activity and annually thereafter, shall be required to register with the Commissioner of Agriculture and shall keep the certificate or certificates of registration issued by the Commissioner of Agriculture posted in a prominent and accessible place in such person´s or company´s place of business. The form of such certificate shall be designated by the Commissioner of Agriculture.
(c) The initial and annual application for registration and any amended application shall include, in addition to any other matter required by rule of the Commissioner, the following:
(1) A statement of the ownership of the business, including information sufficient to allow the Commissioner to determine the true beneficial ownership, such as the individual stockholders of a corporation other than a publicly held corporation or the individual partners of a partnership;
(2) A statement of the identity of the person principally responsible for the daily operation of the business, such as the location manager;
(3) A statement of the identity of one or more persons principally responsible for the overall management of the registered business, such as the president or chief operating officer of an operating corporation or the managing partner of a partnership; and
(4) For each person identified under paragraphs (1) through (3) of this subsection, such person´s business address, home address, and citizenship status and a consent to a criminal history records check.
(d) When the ownership or operation of any registered business is to be transferred or the identity of any persons identified under subsection (c) of this Code section is to change, an amended application for registration shall be filed with the Commissioner prior to such transfer or change. The amended application shall identify the amount and source of any funds paid or to be paid in connection with such transfer or change.
(e) The Commissioner or the Commissioner´s authorized agent may request and receive from the Georgia Crime Information Center a criminal history records check of any applicant or registrant.
(f) The Commissioner or the Commissioner´s authorized agent may inspect or audit any financial records of any registered business as may be necessary or appropriate in order to verify the accuracy of information provided under this Code section. The Commissioner or the Commissioner´s authorized agent may inspect the registered premises as may be necessary or appropriate in order to determine compliance with this Code section and the other requirements of this chapter.
(g) Registration under this Code section may be denied or revoked for failure to furnish accurate information as required by this Code section or if a criminal history records check indicates that an applicant´s or registrant´s engaging in the requested activity would constitute a threat to public safety."
"10_1_158.
(a) Every dealer in gasoline, before selling or exposing or offering for sale any gasoline, and annually thereafter, shall be required to register and shall make known to the Commissioner of Agriculture
(b) Every person or company engaged in the delivery of gasoline, before engaging in such activity and annually thereafter, shall be required to register with the Commissioner of Agriculture and shall keep the certificate or certificates of registration issued by the Commissioner of Agriculture posted in a prominent and accessible place in such person´s or company´s place of business. The form of such certificate shall be designated by the Commissioner of Agriculture.
(c) The initial and annual application for registration and any amended application shall include, in addition to any other matter required by rule of the Commissioner, the following:
(1) A statement of the ownership of the business, including information sufficient to allow the Commissioner to determine the true beneficial ownership, such as the individual stockholders of a corporation other than a publicly held corporation or the individual partners of a partnership;
(2) A statement of the identity of the person principally responsible for the daily operation of the business, such as the location manager;
(3) A statement of the identity of one or more persons principally responsible for the overall management of the registered business, such as the president or chief operating officer of an operating corporation or the managing partner of a partnership; and
(4) For each person identified under paragraphs (1) through (3) of this subsection, such person´s business address, home address, and citizenship status and a consent to a criminal history records check.
(d) When the ownership or operation of any registered business is to be transferred or the identity of any persons identified under subsection (c) of this Code section is to change, an amended application for registration shall be filed with the Commissioner prior to such transfer or change. The amended application shall identify the amount and source of any funds paid or to be paid in connection with such transfer or change.
(e) The Commissioner or the Commissioner´s authorized agent may request and receive from the Georgia Crime Information Center a criminal history records check of any applicant or registrant.
(f) The Commissioner or the Commissioner´s authorized agent may inspect or audit any financial records of any registered business as may be necessary or appropriate in order to verify the accuracy of information provided under this Code section. The Commissioner or the Commissioner´s authorized agent may inspect the registered premises as may be necessary or appropriate in order to determine compliance with this Code section and the other requirements of this chapter.
(g) Registration under this Code section may be denied or revoked for failure to furnish accurate information as required by this Code section or if a criminal history records check indicates that an applicant´s or registrant´s engaging in the requested activity would constitute a threat to public safety."
SECTION 2.
All laws and parts of laws in conflict with this Act are
repealed.