Montana Code 82-15-105. Licenses and fees — status of license on transfer of ownership
82-15-105. Licenses and fees — status of license on transfer of ownership. (1) A petroleum dealer or liquefied petroleum dealer may not do business in this state until licensed by the department. The license must be obtained by the dealer by making application to the department upon forms provided by the department. A dealer who has not been issued a license and who is found selling, offering for sale, delivering, or distributing petroleum products shall be punished upon conviction as provided by this part.
Terms Used In Montana Code 82-15-105
- Conviction: A judgement of guilt against a criminal defendant.
- Dealer: means any person engaged in the petroleum business and includes petroleum dealers and liquefied petroleum dealers. See Montana Code 82-15-101
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 82-15-101
- Liquefied petroleum dealer: means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or of selling or offering or advertising for sale or refining or manufacturing or keeping for sale in this state any petroleum product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes but excluding prepackaged liquefied petroleum products. See Montana Code 82-15-101
- sale: includes barter and exchange. See Montana Code 82-15-101
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)The department shall adopt rules establishing license fees based upon the measuring devices used by the dealer. The fees may be paid by credit card and may be discounted for payment processing charges paid by the department to a third party. The fees must be deposited in the state special revenue fund of the department for use in administrating and enforcing this part.
(3)All licenses are annual and expire on the anniversary date established by rule by the board of review established in 30-16-302. There is an additional charge of 50% on all license fees that are not paid within 60 days of the licensee’s anniversary date. If the fee is not paid, the equipment must be sealed and removed from service by the department. It is unlawful for anyone to use a device removed from service or to break the seal until all fees have been paid.