Section 69-7-109 - Powers and duties of the Department of Agriculture and CommerceThe Department of Agriculture and Commerce shall have the power to:
(a) Fix salaries of any authorized employees of the market;(b) Fix rentals and charges for each type of facility constructed in the market, taking into consideration the cost of such facility, the interest and amortization period required, a proper relationship between types of operators in the market, cost of operation, and the need for reasonable reserves, expansion and the like;(c) Make investigations and hold hearings and conferences necessary to formulate and adopt a financial building and operating program for a market and make revisions from time to time;(d) Make rules and regulations which shall govern all such business and all persons and vehicles coming upon the market;(e) Provide and enforce penalties and liquidated damages relative to breaches of such rules and regulations and any contracts entered into;(f) Lease the buildings and facilities to farmers, wholesale dealers, retailers and other persons engaged in the wholesale or retail marketing of perishable farm products;(g) Determine and set the hours when the market may open and close during any day or night throughout the year;(h) Plan, build, construct or cause to be built or constructed, or lease any facilities, on the grounds under the control of the department, that are deemed necessary for the successful operation of a wholesale or retail market for farm products;(i) Rent or lease any necessary property, real or personal, on the grounds under the control of the department for the successful operation of the market. However, that before leasing or renting any property for use as a filling station or the sale of similar supplies and accessories, the department shall advertise and receive sealed bids therefor, and shall have the power to reject any and all of such bids, or to accept the highest and best bid made therefor, and the lessee shall erect such buildings and add such facilities as necessary to carry out the provisions of this article at the expense of the lessee in addition to any other monies paid as lease money to said board for the purpose of operating a service station. Such establishment shall not be tax exempt. No filling station shall be leased for a monthly rental less than One Cent (1¢) per gallon for each gallon of gasoline sold;(j) Employ an attorney as prescribed in Section 69-1-14.The department shall also have full power and authority to rent or lease real property, on the grounds under the control of the department, not otherwise used, for a period not to exceed twenty-five (25) years to private concerns for the purpose of processing agricultural products, and providing such facilities found necessary by the department to carry out the purposes of this article, and such facilities, structures, buildings, or other improvements erected or placed thereon by private concerns shall be subject to taxation the same as private property, provided, however, that improvements or facilities erected thereon for processing agricultural products shall not be assessed or taxed until five (5) years after completion of construction. The improvements and facilities erected on said leased property shall be liable for ad valorem taxes and shall be assessed and levied against said leasehold separately from the fee of said lands, and upon failure to pay taxes upon same when due, said facilities and improvements shall be sold by the tax collector as other property is sold for the nonpayment of taxes, but only such rights of the lessee under said lease contract shall be so sold. Upon the failure to pay taxes promptly when due on said lease, the department shall have the power to cancel and terminate said lease immediately and shall thereupon be authorized to lease or re-lease same to another private individual or concern as herein provided.
The provisions hereof regarding taxation shall not apply to those buildings, structures and facilities erected on said property by the department.
The department shall maintain or operate local market.
Codes, 1942, § 4435-37; Laws, 1946, ch. 177, § 7; Laws, 1948, ch. 190, §§ 1, 2; Laws, 1954, ch. 152; Laws, 1983, ch. 365, § 4, eff. 7/1/1983.Amended by Laws, 2021, ch. 317, HB 312,§ 2, eff. 7/1/2021.