MILK CONTROL. 855

and temporary license to any such prior licensee, when, for any cause,
the action of the Commission with respect to an application seasonably
filed has not become final prior to the expiration of the period of such
prior license. Such temporary and provisional license may be issued on
such terms and conditions as the Commission may impose, and shall
authorize the licensee to continue in business until final action with respect
to his pending application and no longer, but in the case of a dissolution
of a partnership by death, the surviving partner or partners may operate
under the license of the partnership, until the time of its expiration, and
the heirs or legal representatives of deceased persons may operate under
the license of the persons so succeeded in possession by such heirs or legal
representatives.

1935, ch. 310, see. 13.

13. (A) All milk received and/or produced for sale within any
marketing area established under the provisions of this Article shall be
taxed not to exceed one cent for each one hundred pounds. In the case of
a producer-distributor the entire amount shall be paid by him for the milk
he produces and sells. In all other cases one-half of the amount shall be
paid by the producer and one-half by the dealer to whom the producer
sells his milk. The dealer shall collect the part of this tax due by the
producer, and shall pay the total amount of said tax to the Commission not
later than the 15th day of each month the amount due for the preceding-
month; and the books and records of all such dealers shall be open to
inspection by the Commission at all times for the purpose of determining
the amount of tax due.

(B) The Commission shall issue to each such dealer a license pursuant
to the provisions of this Article, and the only charge shall be the tax set
forth in sub-section (A) of this Section.

(C) All producers shipping or delivering milk to a market within the
State on April 29, 1935, shall in consideration of the payment of the tax
imposed in sub-paragraph (A) be issued a permit by the Commission
without any additional charge, but all such producers shall by virtue
thereof be subject to the provisions of this Article. Any producer who
commences to distribute milk or to furnish milk to a dealer after April
29, 1935, must first secure from the Commission the permit required by
this Section, and the Commission may refuse to grant such permit if, in
the opinion of the Commission, a surplus of milk exists in the market
affected.

(D) Milk sold and distributed outside of this State shall not be included
in determining the amount due under the tax provided in this Section;
unless the producers representing sixty-five per cent (65%) of the milk
produced for fluid consumption for any one market outside of this State
shall request the Board to assist them in the regulation of their market.

(E) Every retail store selling milk under the provisions of this Article
shall pay an annual license of One Dollar for every location at which
milk is so sold.