53-9-103 - Fees Application Approval of plans.

53-9-103. Fees Application Approval of plans.

(a)  Applicants seeking a license or permit to operate a frozen food locker plant shall pay for the privilege the sum of ten dollars ($10.00) per annum for two hundred (200) or fewer cold storage lockers, plus an additional two dollars ($2.00) per annum for every additional one hundred (100) individual lockers, which payment shall be made to the department, and all fees collected for the license shall be deposited by the department with the state treasurer, and the fees shall be used as collected for the enforcement of this chapter.

(b)  (1)  Where applications for the construction of new locker plants are made, the applications shall be submitted to the commissioner, accompanied by a certified check or cash, in the amount of twenty-five dollars ($25.00), which the commissioner may expend in the examination of the plans and specifications to be used in the construction of the proposed locker plant.

     (2)  If the applications are approved as being within the requirements of this chapter, and if the completed locker plant conforms to the plans and specifications as will in the opinion of the commissioner be of the type as will properly preserve and refrigerate food stored in the locker plant, in accordance with this chapter, the commissioner shall issue a permit for the construction of the plant.

     (3)  If, in the opinion of the commissioner, the plans and specifications will not provide for the building and equipment, when furnished or completed, as will meet the requirements of this chapter, or will not properly refrigerate or preserve food at the temperatures provided in § 53-9-104, then it shall be the duty of the commissioner to decline the permit for the construction or to require new plans to be submitted that will meet all requirements, in the judgment of the commissioner, before issuing a permit for construction of new plants.

(c)  The fees shall be paid to the state treasurer and the fees, together with all license fees to be collected from locker plant owners or operators shall be used by the commissioner to pay the expenses of the enforcement of this chapter.

(d)  The funds shall be applied to the payment of expenses of the enforcement of this chapter upon the commissioner's order.

(e)  No new plant shall be erected until proper plans and specifications provided for in this section are submitted to the commissioner, and the plans and specifications are duly approved, and no license shall be issued by the department to any plant owner or operator for the operation of a locker plant until the plans and specifications have been duly examined by the department or caused to be examined and found to be in conformity with this chapter, and the valid rules and regulations that may be promulgated under the authority contained in this chapter.

[Acts 1947, ch. 143, § 13; mod. C. Supp. 1950, § 6617.12 (Williams, § 6617.25); T.C.A. (orig. ed.), § 52-1103.]