(1) Notwithstanding other laws to the contrary, any person desiring to conduct a temporary horse sale to which the public may consign horses for sale by auction open to public bidding and where such sale shall not exceed one calendar day may make application to the State Department of Agriculture for a temporary horse sale license.

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(2) A temporary horse sale license shall be issued when the department finds:

(a) That an application as approved by the department has been received.

(b) That the applicant has filed with the department a bond as required by ORS § 599.245, an irrevocable letter of credit issued by an insured institution as defined in ORS § 706.008 or a cash deposit with the department in lieu thereof, except that such bond, letter of credit or deposit may be limited to the period of operation of the temporary horse sale as approved by the department, and except that the bond, letter of credit or deposit shall be at least $25,000.

(c) That a license fee of $25 has been paid.

(d) That the requirements of ORS § 599.610 to 599.640 and the rules promulgated thereunder are complied with.

(3) A separate application, license fee and adequate bond, letter of credit or deposit as required by subsection (2) of this section, is necessary for each day upon which horses are sold.

(4) A license shall not be required for the sale of horses by nonprofit breed or livestock associations or clubs, Future Farmer and 4-H groups, auction sales conducted in conjunction with county, state or private fairs or auction sales conducted by or for a person at which horses of such person’s ownership are sold on premises of the person or by a person licensed pursuant to the provisions of ORS § 599.235 and 599.401. [1959 c.63 § 2; 1971 c.578 § 17; 1981 c.248 § 18; 1991 c.331 § 91; 1997 c.631 § 504]