Section 71-B. Application for license  


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  • 1. Every wholesale manufacturer of
      frozen desserts produced for sale, and every person who sells, offers or
      exposes for sale, or has or possesses for sale other than exclusively at
      retail, any frozen dessert, shall, not  later  than  the  first  day  of
      February  of every other year, file with the commissioner an application
      for a  license  upon  a  form  prescribed  by  the  commissioner,  which
      application   shall   state   such   facts  concerning  the  applicant's
      circumstances and the nature of business  to  be  conducted  as  in  the
      opinion of the commissioner are necessary for the administration of this
      article.  The  license period shall be for twenty-four months, beginning
      March first following.
        2. The application  of  a  manufacturer  must  show  that  the  frozen
      desserts  to be manufactured by the applicant are to be composed of pure
      and  wholesome  ingredients  and  are  to  be  produced  under  sanitary
      conditions.   The application shall also show the location of each plant
      at which frozen desserts are to be manufactured, and  the  name  of  the
      brand or brands, if any, under which the same are to be sold.
        3.  This  section  shall not apply to any boarding house in respect to
      frozen desserts manufactured by such boarding house and  served  to  the
      patrons  thereof for consumption on the premises where manufactured, nor
      to a person, other than a manufacturer, who sells, offers or exposes for
      sale, or has on hand with intent to  sell  exclusively  at  retail,  any
      frozen dessert.