Montana Attorney General Opinion 16-325

Opinion No. 325. Licenses-Refunds-Fees- Wholesalers. HELD: A wholesaler's license fee, paid and forfeited for failure to post a proper bond may not be applied as payment for a subsequent year's li- cense for the reason that it would amount to a refund. July 10, 1936. Mr. George L. Knight Chief, Division of Horticulture . Missoula, Montana You have submitted the following: "In August, 1933, you ruled that where a license fee was paid in good faith and applicant failed to furnish bond, that failure was entirely his fault and that no refund of license fee could be made. A new situation has now occurred. In 1935, Brown Brothers of Glasgow made applica- tion for license and paid the required fee then they were unable to furnish bond and therefore fee was not re- turnable. Now, however, they claim to be able to furnish bond and are asking that last year's fee be applied on this year's license. "Will you kindly advise regarding this matter as promptly as pos- sible ?" To permit the license money paid for 1935, to be paid for the 1936 li- cense, would be accomplishing indi- rectly what may not be done directly, and this the law will not approve. In effect it amounts to this: The state returns the 1935 license fee. That the applicant thereupon uses it for the 1936 license does not have any bear- ing upon the refund, or make it legal. Although this may seem like a harsh rule in some instances, yet on the principles laid down in the au- thorities cited in our opinion to you August 9, 1933 (Volume 15, Opinions of the Attorney General, p. 200), we are unable to reach any other conclu- sion.