CHAPTER 11.5. Private Security Services [7580. - 7588.8.]

Chapter 11.5 repealed and added by Stats. 1994, Ch. 1285, Sec. 6.

§§ 7580–7588.8 · 154 sections

1. ARTICLE 1. General §§ 7580–7580.15 · 16 sections

   • § 7580 This chapter may be cited as the Private Security Services Act.
   • § 7580.1 As used in this chapter, “director” means the Director of Consumer Affairs, unless the context indicates otherwise.
   • § 7580.2 The director shall administer and enforce the provisions of this chapter.
   • § 7580.3 As used in this chapter, “person” includes any individual, firm, company, association, organization, partnership, corporation, and participating tribe.
   • § 7580.4 As used in this chapter, “bureau” means the Bureau of Security and Investigative Services.
   • § 7580.5 As used in this chapter, “chief” means the Chief of the Bureau of Security and Investigative Services.
   • § 7580.6 As used in this chapter, “licensee” means a person licensed under this chapter and includes, but is not limited to, private patrol operator and armored…
   • § 7580.7 (a) As used in this chapter, “qualified manager” means the individual under whose direction, control, charge, or management the business of a licensee is…
   • § 7580.8 As used in this chapter, “employer” means a person who employs an individual for wages or salary, lists the individual on the employer’s payroll records, and…
   • § 7580.9 As used in this chapter, “employee” means an individual who works for an employer, is listed on the employer’s payroll records, and is under the employer’s…
   • § 7580.10 As used in this chapter, “employer-employee” relationship means a relationship in which an individual works for another, the individual’s name appears on the…
   • § 7580.11 As used in this chapter, “firearm permit” includes “firearms permit,” “firearms qualification card,” “firearms qualification,” and “firearms qualification…
   • § 7580.12 Every power and duty granted to or imposed upon the director may be exercised by any other officer or employee of the Department of Consumer Affairs authorized…
   • § 7580.13 The director may, in accordance with the State Civil Service Act and subject to the provisions of Section 159.5, appoint and fix the compensation of…
   • § 7580.14 Nothing in this chapter shall be construed as entitling any person to practice law in this state unless he or she is an active member of the State Bar of…
   • § 7580.15 (a) As used in this chapter, the following definitions apply: (1) “Federally recognized tribe” means a tribe located in this state and included on the list…
2. ARTICLE 2. Administration §§ 7581–7581.6 · 7 sections

   • § 7581 The director may adopt and enforce reasonable rules, as follows: (a) Classifying licensees according to the type of business regulated by this chapter in which…
   • § 7581.1 The Governor shall appoint two private security disciplinary review committees, and may remove any member of a disciplinary review committee for misconduct,…
   • § 7581.2 (a) Each disciplinary review committee shall perform the following functions as they pertain to private patrol operators, security guards, firearm…
   • § 7581.3 (a) A private patrol operator, qualified manager of a private patrol operator, security guard, firearm qualification cardholder, baton permitholder, firearm…
   • § 7581.4 Except in cases where licensees are required to comply with the provisions of Section 7581.3, where a hearing is held under this chapter to determine whether…
   • § 7581.5 The director shall furnish, at least once every two years, one copy of the current licensing law, rules, and regulations to every licensed business governed…
   • § 7581.6 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. Regulation, Licensing, and Registration §§ 7582–7582.28 · 30 sections

   • § 7582 No person shall engage in a business regulated by this chapter; act or assume to act as, or represent himself or herself to be, a licensee unless he or she is…
   • § 7582.05 (a) Notwithstanding any other provision of law, any person engaging in a business as a private patrol operator who violates Section 7582 is guilty of an…
   • § 7582.1 (a) A private patrol operator, or operator of a private patrol service, within the meaning of this chapter is a person, other than an armored contract carrier,…
   • § 7582.2 This chapter does not apply to the following: (a) A person who does not meet the requirements to be a proprietary private security officer, as defined in…
   • § 7582.3 (a) Unless specifically exempted by Section 7582.2, no person shall engage in the business of private patrol operator, as defined in Section 7582.1, unless…
   • § 7582.4 (a) The superior court in and for the county in which any person has engaged or is about to engage in any act which constitutes a violation of Section 7582.3…
   • § 7582.5 (a) The provisions of this chapter shall not prevent the local authorities of any city, county, or city and county, by ordinance and within the exercise of the…
   • § 7582.6 An application for a license under this chapter shall be on a form prescribed by the director and accompanied by the application fee provided by this chapter.
   • § 7582.7 An application shall be verified and shall include: (a) The full name and business address of the applicant. (b) The name under which the applicant intends to…
   • § 7582.8 Before an application for a license or registration is granted, the applicant for a license or his or her manager or the applicant for a security guard…
   • § 7582.9 The director may require an applicant or his or her manager, to demonstrate his or her qualifications by a written or oral examination, or a combination of…
   • § 7582.10 Payment of the application fee prescribed by this chapter entitles an applicant or his or her manager to one examination without further charge. If the person…
   • § 7582.11 (a) The chief shall issue a license, the form and content of which shall be determined by the chief in accordance with Section 164. In addition, the chief…
   • § 7582.12 (a) The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee. (b) The director may assess a fine of…
   • § 7582.13 Upon the issuance of a license, a pocket card of the size, design, and content determined by the director shall be issued to each licensee, if an individual,…
   • § 7582.14 A license issued under this chapter is not assignable.
   • § 7582.15 A licensee shall at all times be legally responsible for the good conduct in the business of each of his or her employees or agents, including his or her…
   • § 7582.16 Each licensee shall maintain a record containing information relative to his or her employees as may be prescribed by the director.
   • § 7582.17 (a) No licensee shall conduct a business under a fictitious or other business name unless and until he or she has obtained the written authorization of the…
   • § 7582.18 Each licensee shall file with the bureau the complete address of his or her principal place of business including the name and number of the street, or, if the…
   • § 7582.19 (a) A licensee shall notify the bureau within 30 days of any change in its corporate officers or of any addition of a new partner. (b) Applications, on forms…
   • § 7582.20 (a) Every advertisement by a licensee soliciting or advertising business shall contain his or her name, address, and license number as they appear in the…
   • § 7582.21 (a) A licensee shall not advertise or conduct business from any location other than that shown on the records of the bureau as their principal place of…
   • § 7582.22 (a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if they are…
   • § 7582.23 (a) In case of the death of a person licensed as an individual, a member of the immediate family of the deceased licensee shall be entitled to continue the…
   • § 7582.24 After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, has…
   • § 7582.25 The director may refuse to issue any license provided for in this chapter to any person: (a) Who has had any license revoked, or whose license is under…
   • § 7582.26 (a) Any licensee or officer, director, partner, or manager of a licensee may divulge to any law enforcement officer or district attorney, or his or her…
   • § 7582.27 (a) Any person referred to in subdivision (i) of Section 7582.26 who uses or wears a baton or exposed firearm as authorized pursuant to this chapter shall wear…
   • § 7582.28 (a) Any badge or cap insignia worn by a person who is a licensee, officer, director, partner, manager, or employee of a licensee shall be of a design approved…
4. ARTICLE 4. Private Patrol Operators §§ 7583–7583.47 · 42 sections

   • § 7583 For purposes of this article, “licensee” means a licensed private patrol operator.
   • § 7583.1 (a) An applicant, or their manager, for a license as a private patrol operator shall have had at least two years, which shall consist of not less than 4,000…
   • § 7583.2 A person licensed as a private patrol operator shall not do any of the following: (a) Fail to properly maintain an accurate and current record of all firearms…
   • § 7583.3 No person required to be registered as a security guard pursuant to this chapter shall do any of the following: (a) Fail to carry on their person, while on…
   • § 7583.4 Any person registered as a security guard or patrolperson, and the employer of the security guard or patrolperson, shall deliver to the director a written…
   • § 7583.5 (a) Every licensee and any person employed and compensated by a licensee, other lawful business, or public agency as a security guard or patrolperson, and who…
   • § 7583.6 (a) Each applicant for a security guard registration shall complete a course in the exercise of the power to arrest and the appropriate use of force as a…
   • § 7583.7 (a) The course of training in the exercise of the power to arrest and the appropriate use of force may be administered, tested, and certified by any licensee…
   • § 7583.8 A licensee shall not permit an employee to perform the functions of a security guard without confirming that the person holds a current and valid security…
   • § 7583.9 (a) The security guard registration applicant shall submit the application, the registration fee, and their fingerprints, either in the form of classifiable…
   • § 7583.10 The application shall be verified and shall include all of the following: (a) The full name, residence address, telephone number, and date of birth of the…
   • § 7583.12 (a) An employee of a licensee shall not carry or use a firearm unless the employee has in their possession both of the following: (1) A valid guard…
   • § 7583.13 (a) The bureau, upon receipt of a criminal offense record or record of a subsequent arrest from the Department of Justice, shall make an immediate…
   • § 7583.14 (a) If the chief determines that an applicant’s criminal history contains open arrest information, the chief shall issue a notice to the applicant allowing 45…
   • § 7583.16 (a) The director may deny an application for registration, or may suspend or revoke a previously issued registration, if the individual has committed any…
   • § 7583.17 (a) Upon approval of an application for registration, the chief shall cause to be issued to the applicant at his or her last known residential address a…
   • § 7583.18 A qualified manager who complies with Section 7582.22 is not required to register under this article.
   • § 7583.19 A licensee shall at all times be responsible for ascertaining that those of their employees who are subject to registration are currently registered as…
   • § 7583.20 (a) A registration issued under this chapter expires at midnight on the last day of the month two years following the date of issuance unless renewed. At least…
   • § 7583.21 The registration of a security guard shall be automatically suspended if the guard is convicted of any crime that is substantially related to the functions,…
   • § 7583.22 (a) A licensee, qualified manager of a licensee, or security guard who, in the course of their employment, may be required to carry a firearm shall, prior to…
   • § 7583.23 The bureau shall issue a firearms permit when all of the following conditions are satisfied: (a) The applicant is a licensee, a qualified manager of a…
   • § 7583.24 (a) The bureau shall not issue a firearm permit if the applicant is prohibited from possessing, receiving, owning, or purchasing a firearm pursuant to state or…
   • § 7583.25 (a) The bureau shall not renew a firearm permit if the applicant is prohibited from possessing, receiving, purchasing, or owning a firearm pursuant to state or…
   • § 7583.26 (a) The Department of Justice may charge the bureau a fee sufficient to reimburse the department’s costs for furnishing firearm eligibility information upon…
   • § 7583.27 (a) A firearm permit may be revoked if at any time the Department of Justice notifies the bureau that the holder of the firearm permit is prohibited from…
   • § 7583.28 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…
   • § 7583.29 If a firearms permit is denied, the denial of the permit shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant…
   • § 7583.30 The firearms qualification card, if issued, shall be mailed to the applicant at the address which appears on the application. In the event of the loss or…
   • § 7583.31 A firearms qualification card does not authorize the holder thereof to carry a pistol, revolver, or other firearm capable of being concealed upon the person in…
   • § 7583.32 (a) A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall…
   • § 7583.35 Every licensee, qualified manager, or a registered uniformed security guard, who in the course of his or her employment carries tear gas or any other nonlethal…
   • § 7583.36 A licensee shall not permit any employee to carry tear gas or any other nonlethal chemical agent prior to ascertaining that the employee is proficient in the…
   • § 7583.37 The director may assess fines as enumerated in Article 7 (commencing with Section 7587). Assessment of administrative fines shall be independent of any other…
   • § 7583.38 A city, county, or city and county may regulate the uniforms and insignias worn by uniformed employees of a private patrol operator and vehicles used by a…
   • § 7583.39 (a) The bureau shall require, as a condition precedent to the issuance, reinstatement, reactivation, renewal, or continued maintenance of a license, that the…
   • § 7583.40 “Insurance policy,” as used in this article, means a commercial general liability policy of insurance issued by an insurance company authorized to transact…
   • § 7583.41 Proof that a licensee maintains an insurance policy as required by this article shall be provided by the licensee to the bureau upon demand.
   • § 7583.42 The failure of a private patrol operator to maintain an insurance policy as required by this article shall constitute grounds for the suspension of the private…
   • § 7583.45 (a) (1) Every security guard working on the property of a K–12 school district or community college district pursuant to a contract with a private licensed…
   • § 7583.46 (a) (1) It shall be a violation of Section 1102.5 of the Labor Code for a private patrol operator to discharge, demote, threaten, or in any manner discriminate…
   • § 7583.47 (a) As used in this section, “assessment” means the application of a testing instrument identified by the bureau that evaluates whether an applicant for a…
5. ARTICLE 4.5. Baton Permits §§ 7584–7584.6 · 7 sections

   • § 7584 For purposes of this article, the following terms have the following meanings: (a) “Licensee” means a licensed private patrol operator. (b) “Qualified law…
   • § 7584.1 (a) Except as provided in subdivision (b), a licensee, a qualified manager of a licensee, or a security guard shall not carry a baton in the course of their…
   • § 7584.2 A licensee shall not allow an employee to carry or use a baton in the course of their employment unless the employee possesses a valid and current baton permit…
   • § 7584.3 The bureau shall issue a baton permit to an applicant if all of the following conditions are satisfied: (a) The applicant is a sole owner of a sole ownership…
   • § 7584.4 If the bureau denies a baton permit, the bureau shall issue that denial of the permit in writing and shall describe the basis for the denial. The denial shall…
   • § 7584.5 (a) A baton permit expires two years from the date of issuance, if not renewed. A person who wishes to renew a baton permit shall file an application for…
   • § 7584.6 This article shall become operative on January 1, 2024.
6. ARTICLE 5. Firearms and Baton Training Facilities §§ 7585–7585.20 · 21 sections

   • § 7585 (a) The course of training in the carrying and usage of firearms, the satisfactory completion of which shall be required of applicants who wish to obtain a…
   • § 7585.1 For purposes of this article, “firearms course” means the firearms training course as outlined in Section 7585.
   • § 7585.2 The firearms requalification course shall consist of the successful completion of a firearms requalification course approved by the bureau.
   • § 7585.3 (a) Any institution, firm, participating tribe, or individual wishing the approval of the bureau to offer the firearms course shall complete an application for…
   • § 7585.4 Upon approval by the bureau of a firearms training facility, the chief shall issue to the facility a “Firearms Training Facility Certificate.” The certificate…
   • § 7585.4.1 (a) (1) Within 120 days after issuance of a “Firearms Training Facility Certificate,” the bureau shall inspect the facility for compliance with the applicable…
   • § 7585.5 (a) Any individual who desires certification by the bureau to instruct a firearms course shall complete an application for a firearms training instructor…
   • § 7585.6 (a) All firearms course material provided to the certificate holder in the “Firearms Training Manual” issued by the bureau shall be covered in each class…
   • § 7585.7 (a) Each firearms training facility shall be required to retain for two years the following information regarding each student: (1) The student’s name. (2) The…
   • § 7585.8 (a) Each firearm training facility shall, before allowing any person to participate in the course of training in the carrying and usage of firearms, verify and…
   • § 7585.9 (a) The course of training in the carrying and usage of the baton, the satisfactory completion of which shall be required of applicants who wish to obtain a…
   • § 7585.10 For purposes of this article “a baton course” means the baton training course as outlined in Section 7585.9.
   • § 7585.11 (a) Any institution, firm, participating tribe, or individual wishing approval of the bureau to offer the baton course shall complete an application for…
   • § 7585.12 Any individual who desires certification by the bureau to instruct the baton course shall complete an application for a baton training instructor certificate.…
   • § 7585.13 All baton course material provided to the certificate holder in the “Baton Training Manual” issued by the bureau shall be covered in each class session. In no…
   • § 7585.15 (a) Each baton training facility shall be required to retain for two years the following information regarding each student: (1) The student’s name. (2) The…
   • § 7585.16 (a) In the event of the loss, theft, or destruction of a baton permit, a permitholder may request the bureau to issue a replacement permit. The request shall…
   • § 7585.17 Each firearms training facility or baton training facility shall notify the bureau within five working days whenever any training instructor certified by the…
   • § 7585.18 Each firearms training facility, firearms training instructor, baton training facility, or baton training instructor shall report to the bureau the name of any…
   • § 7585.19 (a) The chief may refuse to issue or may cancel a previously issued firearms training facility certificate, firearms training instructor certificate, baton…
   • § 7585.20 (a) A firearms training facility certificate, a firearms training instructor certificate, a baton training facility certificate, or a baton training instructor…
7. ARTICLE 6. Expiration and Renewal of License §§ 7586–7586.5 · 6 sections

   • § 7586 (a) A private patrol operator license, branch office certificate, qualified manager certificate, and pocket card issued under this chapter expires at midnight…
   • § 7586.1 (a) To renew an unexpired license or certificate, the licensee shall, on or before the date on which it would otherwise expire, apply for renewal on a form…
   • § 7586.2 Except as otherwise provided in this article, an expired license or branch office certificate may be renewed at any time within three years after its…
   • § 7586.3 (a) A suspended license, branch office certificate, or qualified manager certificate is subject to expiration and shall be renewed as provided in this article,…
   • § 7586.4 (a) A revoked license, branch office certificate, or qualified manager certificate is subject to expiration as provided in this article, but it may not be…
   • § 7586.5 A license or branch office certificate which is not renewed within three years after its expiration may not be renewed, restored, reinstated, or reissued…
8. ARTICLE 7. Disciplinary Proceedings §§ 7587–7587.16 · 17 sections

   • § 7587 Except as otherwise required to comply with the provisions of Section 7581.3 or Article 6 (commencing with Section 7586), the proceedings under this article…
   • § 7587.1 Notwithstanding Section 477, a firearm qualification card and a baton permit shall be considered a license subject to the terms of this section.…
   • § 7587.2 Any person who knowingly makes a false statement in his or her application for a license or registration as a security guard is guilty of a misdemeanor.
   • § 7587.3 The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her manager, if an individual, or if…
   • § 7587.4 The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her manager, if an individual, or if…
   • § 7587.5 The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction as that term is used in this article, Section 7582.24, or…
   • § 7587.6 The director, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 7587.1, 7587.3, and 7587.4, may impose a civil…
   • § 7587.7 If, upon investigation, the director determines a licensee, including a corporation, or registrant is in violation of Section 7583.2, 7583.3, 7583.37, 7585.19,…
   • § 7587.8 The director may assess fines for the following acts pursuant to Article 4 (commencing with Section 7583) only as follows: (a) Violation of subdivisions (a),…
   • § 7587.9 The director may assess fines for the following acts pursuant to Article 4 (commencing with Section 7583) only as follows: (a) Violation of subdivisions (a)…
   • § 7587.10 The director may assess fines for the following acts pursuant to Article 4 (commencing with Section 7583) only as follows: (a) Violation of subdivisions (c)…
   • § 7587.11 (a) 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…
   • § 7587.12 The director may assess fines for the following acts only as follows: (a) Violations of paragraph (1), (2), (11), or (12) of subdivision (a) of Section…
   • § 7587.13 Any person who knowingly falsifies the fingerprints or photographs submitted pursuant to any provision of this chapter is guilty of a felony. Any person who…
   • § 7587.14 The director may assess administrative fines of fifty dollars ($50) against any licensee, registrant, or firearms qualification cardholder for each violation…
   • § 7587.15 Notwithstanding any other provision of law, the director may assess a fine of up to five thousand dollars ($5,000) per violation against any licensee for a…
   • § 7587.16 (a) The director, through his or her designee, may assess an administrative fine pursuant to Section 28022 of the Penal Code. (b) An assessment imposed…
9. ARTICLE 8. Revenue §§ 7588–7588.6 · 7 sections

   • § 7588 The fees prescribed by this chapter are as follows: (a) The application and examination fee for an original license for a private patrol operator shall be at…
   • § 7588.1 The fee for processing fingerprints for all registrations and licenses is that amount charged the bureau by the Department of Justice.
   • § 7588.2 The Department of Consumer Affairs shall receive and account for all money derived from the operation of this chapter and, at the end of each month, shall…
   • § 7588.3 All money derived from the licensing and regulation of persons licensed under this chapter shall be expended exclusively on the licensing and regulation of…
   • § 7588.4 Application or license fees shall not be refunded except in accordance with Section 158.
   • § 7588.5 Notwithstanding any other provision of law, the Director of Consumer Affairs is authorized to temporarily reduce fees required by either paragraph (1) or (2)…
   • § 7588.6 (a) A peace officer of this state or a political subdivision thereof who engages in off-duty employment solely and exclusively as a security guard or security…
10. ARTICLE 9. Review § 7588.8 · 1 section

    • § 7588.8 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…