1. A person who knowingly withholds information from or knowingly submits false information to the department or any of its employees in a document or a book, account, or record required to be submitted or maintained under this chapter commits a fraudulent practice.
2. A person who engages in business as a warehouse operator without obtaining a license, or who refuses to permit inspection of licensed premises, or books, accounts, records or other documents required by this chapter, or who uses a scale ticket, warehouse receipt or other document which fails to satisfy requirements established by the department commits a serious misdemeanor, except that a person who commits any of these offenses after having been found guilty of the same offense commits an aggravated misdemeanor.
3. Except as provided in subsections 1 and 2, a person who violates any provision of this chapter commits a simple misdemeanor. With respect to a continuing violation, each day that the violation continues is a separate offense.
4. A person in violation of this chapter, or in violation of chapter 714 or 715A, which violation involves the business of a warehouse operator, is subject to prosecution by the county attorney in the county where the business is located. However, if the county attorney fails to initiate prosecution within thirty days, and upon request by the department, the attorney general may initiate and carry out the prosecution in cooperation, if possible, with the county attorney. The person in violation may be restrained by injunction in an action brought by the department or the attorney general upon request by the department.
[C24, 27, 31, § 9751; C35, § 9751-g33; C39, § 9751.33; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 543.36; 81 Acts, ch 180, § 27]
92 Acts, ch 1239, § 75
C93, § 203C.36
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