CHAPTER 8.5. Locksmiths [6980. - 6981.]

Chapter 8.5 repealed and added by Stats. 1993, Ch. 1263, Sec. 5.

§§ 6980–6981 · 75 sections

1. ARTICLE 1. General Provisions § 6980 · 1 section

   • § 6980 The following terms as used in this chapter have the meaning expressed in this article: (a) “Branch office” means any additional physical location, other than…
2. ARTICLE 2. Administration §§ 6980.1–6980.9 · 9 sections

   • § 6980.1 There is in the Department of Consumer Affairs the Bureau of Security and Investigative Services. The bureau is under the supervision and control of the…
   • § 6980.2 The Governor shall appoint a chief of the bureau at a salary to be fixed in accordance with Section 12080.3 of the Government Code. The chief shall serve under…
   • § 6980.3 The director, in accordance with the State Civil Service Act, and Section 159.5, may appoint and fix the compensation of such clerical, inspection,…
   • § 6980.4 The chief shall gather evidence of violations of this chapter and of any rule or regulation established under this chapter by unlicensed persons who engage in…
   • § 6980.5 It shall be the duty of the chief to initiate and conduct investigations into the business operations of any locksmith, on his or her own motion, if the…
   • § 6980.6 (a) Every power and duty granted to, or imposed upon, the director under this chapter may be delegated to the chief, except that the director may not delegate…
   • § 6980.7 (a) The director may adopt and enforce rules and regulations as may be reasonable and necessary for issuing licenses to applicants, for the conduct of the…
   • § 6980.8 The chief or his or her designee may inspect, examine, or investigate the relevant records, books, accounts, and files created and maintained by a locksmith.…
   • § 6980.9 It is the intent of the Legislature, consistent with Section 128.5 of the Business and Professions Code, that the bureau shall not maintain a reserve balance…
3. ARTICLE 3. Application of Chapter §§ 6980.10–6980.15 · 5 sections

   • § 6980.10 (a) No person shall engage within this state in the activities of a locksmith as defined in subdivision (j) of Section 6980, unless the person holds a valid…
   • § 6980.12 This chapter does not apply to the following persons: (a) A person, or his or her agent or employee, who is the manufacturer of a product, other than locks and…
   • § 6980.13 (a) Any person who violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, or who knowingly…
   • § 6980.14 (a) The superior court in and for the county where any person has engaged or is about to engage in any act that constitutes a violation of this chapter, or…
   • § 6980.15 No person engaged in performing any service requiring a license under this chapter may bring or maintain any action in any court of this state for the…
4. ARTICLE 4. Licenses §§ 6980.17–6980.33 · 17 sections

   • § 6980.17 (a) An application for a locksmith license shall be made and filed with the chief in the form as may be required by the director, and shall be accompanied by…
   • § 6980.18 (a) Each individual applicant, each partner of a partnership, and designated officers of a corporation shall submit with the application one personal…
   • § 6980.19 If the applicant for a license is an individual, the application shall state the full name of the individual, the full residence address of the applicant, and…
   • § 6980.20 If the applicant for a license is a partnership, the application shall state the true names and addresses of all the general partners and the name of the…
   • § 6980.21 (a) If the applicant for a license is a corporation, the application shall state the true names and complete residence addresses of the chief executive…
   • § 6980.22 No new or original license shall be issued to any applicant pending final disposition of any disciplinary action previously filed against the person or…
   • § 6980.23 The chief shall issue a pocket identification card to the owner, partners, and officers. The chief shall determine the form and content of the card. The pocket…
   • § 6980.24 The director shall issue a license, the form and content of which shall be determined in accordance with Section 164. In addition, the director shall issue a…
   • § 6980.25 If an applicant fails to complete his or her application within one year after it has been filed, the application shall be considered to be abandoned. An…
   • § 6980.26 (a) Each locksmith license, together with the current renewal certificate, if any, shall at all times be conspicuously displayed at the place of business, each…
   • § 6980.27 Every locksmith license shall expire at 12 midnight of the last day of the month two years following the date of issuance unless renewed; provided however,…
   • § 6980.28 A locksmith license not renewed within three years following its expiration may not be renewed thereafter. Renewal of the license within three years, or…
   • § 6980.29 A suspended locksmith license is subject to expiration and shall be renewed as provided in this article, but renewal of the license does not entitle the…
   • § 6980.30 A locksmith whose license has been canceled pursuant to this article, may obtain a new license only upon compliance with all of the provisions of this chapter…
   • § 6980.31 No license issued pursuant to this chapter shall be transferred to another person.
   • § 6980.32 Every licensee shall notify the bureau, in writing, within 30 days, of any change of residence or business address.
   • § 6980.33 A licensee, or a partner or officer of a licensee, shall carry a valid pocket identification card, issued by the bureau pursuant to Section 6980.23, and either…
5. ARTICLE 5. Licensed and Registered Locations §§ 6980.34–6980.41 · 7 sections

   • § 6980.34 (a) Every application for a locksmith license in which the person applying desires to have the license issued under a fictitious business name shall include a…
   • § 6980.35 A licensee desiring to operate a locksmith business at a location other than the principal place of business as shown on the license shall apply for a branch…
   • § 6980.37 A licensee who maintains or proposes to maintain a branch office as defined in this article, shall apply and qualify for a branch office registration.
   • § 6980.38 An application for a branch office registration under this article shall be on a form prescribed by the director and shall be accompanied by the fee as set…
   • § 6980.39 An application for a branch office registration shall include: (a) The full name and address of, and the telephone number at, the principal licensed location,…
   • § 6980.40 Upon receipt of the application for a branch office registration, the chief shall issue a “Branch Office Registration.” The registration shall be posted in a…
   • § 6980.41 Every branch office registration issued under this chapter shall be subject to the same renewal provisions which apply to a license as provided in this chapter.
6. ARTICLE 6. Registration of Employees §§ 6980.42–6980.50 · 9 sections

   • § 6980.42 (a) Within seven days after commencing employment, any employee of a locksmith who is not currently registered with the bureau and who is performing the…
   • § 6980.43 The application for registration under this article shall be on a form prescribed by the director and shall be accompanied by the fee as prescribed in this…
   • § 6980.44 The application shall be verified and shall include the following: (a) The full name, residence address, telephone number, and date of birth of the employee.…
   • § 6980.45 The bureau, upon receipt of a criminal offense record or record of a subsequent arrest from the Department of Justice, shall make an immediate determination of…
   • § 6980.46 (a) If the chief determines that an applicant’s criminal history contains arrest information for which no disposition appears, the chief shall issue a notice…
   • § 6980.47 If the director determines that continued employment of an applicant or registrant, in his or her current capacity, may present an undue hazard to public…
   • § 6980.48 (a) Upon determining that the applicant is qualified for registration pursuant to this chapter, the bureau shall issue a pocket registration card to the…
   • § 6980.49 A licensee shall at all times be responsible for ascertaining that his or her employees subject to registration are currently registered or have made proper…
   • § 6980.50 (a) All registrations shall be placed on a cyclical renewal and shall expire two years following the date of issuance or assigned renewal date. (b) At least 60…
7. ARTICLE 7. Conduct of Business §§ 6980.53–6980.69 · 13 sections

   • § 6980.53 A locksmith licensed by the bureau shall be subject to the provisions of Sections 466.6 and 466.8 of the Penal Code requiring verification of identification of…
   • § 6980.54 (a) A locksmith licensed by the bureau shall be subject to the provisions of Section 466.6 of the Penal Code, and shall be able to duplicate any key for any…
   • § 6980.55 (a) Any locksmith who knowingly and willfully opens any residence, or commercial establishment for another by any method involving an on-site inspection of a…
   • § 6980.58 A licensee shall at all times be responsible for those actions of his or her employees performed in violation of this chapter, when acting within the course…
   • § 6980.59 (a) A licensee shall notify the bureau within 30 days of any change of its officers required to be named pursuant to Section 6980.21 and of the addition of any…
   • § 6980.60 No licensee or employee shall conduct business from any location other than the location for which a license or branch office registration was issued.
   • § 6980.61 No licensee shall conduct a business as an individual, partnership, or corporation, unless the licensee holds a valid license issued to the same individual,…
   • § 6980.62 (a) Each licensee shall maintain a file or record containing the name, address, commencing date of employment, and position of each employee, and the date of…
   • § 6980.63 Within seven days, each licensee shall verify proof of current and valid registration issued by the bureau for each employee who is subject to registration, or…
   • § 6980.64 (a) Every advertisement by a licensee soliciting or advertising business shall contain his or her business name, business address, or business telephone…
   • § 6980.65 No licensee or person shall aid and abet an unlicensed or nonexempt locksmith in any activity for which a license is required. For purposes of this section, to…
   • § 6980.68 No licensee shall willfully or deliberately disregard any building or safety laws of the state or any political subdivision thereof.
   • § 6980.69 No licensee shall fail in any material respect to complete the installation, repair, opening, or modification of a lock for the price stated in the contract…
8. ARTICLE 8. Disciplinary Proceedings and Administrative Citations §§ 6980.71–6980.77 · 7 sections

   • § 6980.71 (a) The director may deny a license or registration regulated by this chapter on the grounds that the applicant has done any of the following: (1) Knowingly…
   • § 6980.72 (a) When considering the denial, suspension, or revocation of a license or registration for which application has been made under this chapter, the chief, in…
   • § 6980.73 (a) The license or registration of a locksmith shall be automatically suspended if the locksmith is convicted of any crime which is substantially related to…
   • § 6980.74 (a) The bureau may suspend or revoke a license issued pursuant to this chapter for acts including, but not limited to, any of the following acts which shall…
   • § 6980.75 A record of conviction, or a certified copy thereof, shall be conclusive evidence of conviction.
   • § 6980.76 The proceedings of the bureau to deny a license application, or to revoke or suspend a license, shall be conducted in accordance with Chapter 5 (commencing…
   • § 6980.77 Notwithstanding any other law, the failure of any person licensed to do business as a corporation in this state to be registered and in good standing with the…
9. ARTICLE 9. Revenue §§ 6980.79–6980.84 · 6 sections

   • § 6980.79 The fees prescribed by this chapter are those fixed in the following schedule: (a) A locksmith license application fee shall be at least two hundred fifty…
   • § 6980.80 The initial application fee is considered an earned fee at the time an application for a license is received by the bureau. No refund shall be made to the…
   • § 6980.81 (a) The bureau shall report each month to the Controller the amount and source of all revenue received pursuant to this chapter and shall pay the entire amount…
   • § 6980.82 The director shall furnish one copy of the licensing law and rules and regulations to any applicant or licensee without charge. The director shall charge and…
   • § 6980.83 Application or licensee fees shall not be refunded except in accordance with Section 158.
   • § 6980.84 (a) There shall be a separate budget and expenditure statement, and a separate revenue statement, outlining all moneys derived from, and expended for, the…
10. ARTICLE 10. Review § 6981 · 1 section

    • § 6981 Notwithstanding any other law, the powers and duties of the bureau, as set forth in this chapter, shall be subject to review by the appropriate policy…