PART 6. LICENSING [1682. - 1706.5.]
Heading of Part 6 amended by Stats. 1972, Ch. 590.
§§ 1682–1706.5 · 129 sections
CHAPTER 3. Farm Labor Contractors §§ 1682–1699 · 52 sections
- § 1682 As used in this chapter: (a) “Person” includes any individual, firm, partnership, association, limited liability company, or corporation. (b) “Farm labor…
- § 1682.3 “Farm labor contractor” includes any “day hauler.” “Day hauler” means any person who is employed by a farm labor contractor to transport, or who for a fee…
- § 1682.4 “Farm labor contractor” does not include a commercial packing house engaged in both the harvesting and the packing of citrus fruit or soft fruit for a client…
- § 1682.5 This chapter does not apply to: (a) A nonprofit corporation or organization with respect to services specified in subdivision (b) of Section 1682, which are…
- § 1682.7 The Labor Commissioner shall ensure that the office maintained in Fresno has suitable facilities and sufficient personnel for the examination and licensing of…
- § 1682.8 The Labor Commissioner may establish and maintain a Farm Labor Contractor Special Enforcement Unit within the Division of Labor Standards Enforcement office in…
- § 1683 (a) A person shall not act as a farm labor contractor until a license to do so has been issued to the person by the Labor Commissioner and the license is in…
- § 1684 (a) The Labor Commissioner shall not issue to any person a license to act as a farm labor contractor, nor shall the Labor Commissioner renew that license,…
- § 1684.3 Whenever an application for a license or renewal is made, and application processing pursuant to this chapter has not been completed, the Labor Commissioner…
- § 1684.5 The Labor Commissioner shall quarterly submit to the Department of the California Highway Patrol a list of all licensees.
- § 1685 No license to operate as a farm labor contractor shall be granted: (a) To any person who sells or proposes to sell intoxicating liquors in a building or on…
- § 1686 The Labor Commissioner, upon proper notice and hearing, may refuse to grant a license. The proceedings shall be conducted in accordance with Chapter 5 of Part…
- § 1687 (a) Each laminated license shall contain, on the face thereof, all of the following: (1) The name and address of the licensee and the fact that the licensee is…
- § 1688 The license when first issued shall run to the next birthday of the applicant, and each license shall then be renewed within the 30 days preceding the…
- § 1689 All applications for renewal shall state the names and addresses of all persons, except bona fide employees on stated salaries, financially interested either…
- § 1690 The Labor Commissioner may revoke, suspend, or refuse to renew any license if it is shown that any of the following have occurred: (a) The licensee or any…
- § 1690.1 (a) (1) If a licensee fails to remit the proper amount of worker contributions required by Chapter 4 (commencing with Section 901) of Part 1 of Division 1 of…
- § 1691 (a) If any licensee has been subject to two or more final judgments by a court for failure to pay wages due with respect to his or her agricultural employees…
- § 1692 Before revoking or suspending any license, the Labor Commissioner shall afford the holder of such license an opportunity to be heard in person or by counsel.…
- § 1692.5 A licensee whose license is suspended or revoked pursuant to the provisions of this chapter shall immediately surrender such license to the Labor Commissioner.
- § 1693 The Labor Commissioner and the deputies and representatives authorized by the Labor Commissioner in writing may take assignments of actions on the bond against…
- § 1694 If a licensee has departed from the state or has left the jurisdiction in which a violation of this chapter is alleged to have occurred with intent to defraud…
- § 1695 (a) Every licensee shall do all of the following: (1) Carry his or her license and proof of registration issued pursuant to paragraph (8) with him or her at…
- § 1695.5 (a) Every farm labor contractor, upon request of any agricultural grower with whom he or she has a contract to supply farmworkers, shall immediately furnish…
- § 1695.55 (a) Every person acting in the capacity of a farm labor contractor shall provide any grower with whom he or she has contracted to supply farmworkers a payroll…
- § 1695.6 No person shall knowingly enter into an agreement for the services of a farm labor contractor who is not licensed under this chapter.
- § 1695.7 (a) (1) Prior to entering into any contract or agreement to supply agricultural labor or services to a grower, a farm labor contractor shall first provide to…
- § 1695.8 (a) No person whose license was suspended, revoked, or denied renewal by the Labor Commissioner shall perform any activity or service specified in subdivision…
- § 1695.9 Any person contracted by a farm labor contractor who is acting in the capacity of a farm labor contractor shall first provide to the farm labor contractor a…
- § 1696 No licensee shall: (1) Make any misrepresentation or false statement in his application for a license. (2) Make or cause to be made, to any person, any false,…
- § 1696.2 All vehicles used by a licensee or his or her employees or agents for the transportation of individuals in his or her operations as a farm labor contractor…
- § 1696.3 Any farm labor contractor or person employed by a farm labor contractor who operates a bus or truck in the transportation of individuals in connection with the…
- § 1696.4 (a) All vehicles defined in Section 322 of the Vehicle Code, including those described in Section 1696.3, used by a farm labor contractor for the…
- § 1696.5 Every licensee shall, at the time of each payment of wages, which shall be not less often than once every week as required by Section 205 of this code, furnish…
- § 1696.6 (a) No licensee shall recruit or solicit and transport an employee for farmwork unless he has first obtained, either orally or in writing, a bona fide order…
- § 1696.8 (a) The director shall establish a Farm Labor Contractor Enforcement Unit. The unit shall develop a program to provide technical assistance to a district…
- § 1697 (a) Any person who violates this chapter, or who causes or induces another to violate this chapter, is guilty of a misdemeanor punishable by a fine of not more…
- § 1697.1 (a) No person shall make, or cause to be made, false, fraudulent, or misleading representations that employment in the growing or producing of farm products,…
- § 1697.2 Actions brought under this chapter shall be set for trial at the earliest possible date, and shall take precedence over all other cases, except older matters…
- § 1697.3 Upon the final determination of the Labor Commissioner that a grower, a farm labor contractor, or person acting in the capacity of a farm labor contractor has…
- § 1697.5 (a) It is a violation of this chapter for a licensee to do any of the following: (1) Fail to train an agricultural employee at the time of hire, as required by…
- § 1698 All fines collected for violations of this chapter shall be paid into the Farmworker Remedial Account and shall be available, upon appropriation, for purposes…
- § 1698.1 No licensee shall sell, transfer or give away any interest in or the right to participate in the profits of said licensee’s business without the written…
- § 1698.2 No licensee shall knowingly issue a contract for employment containing any term or condition which, if complied with, would be in violation of law, or attempt…
- § 1698.3 No licensee shall accept a fee from any applicant for employment, or send any applicant for employment without having obtained orally or in writing, a bona…
- § 1698.4 No licensee shall send or cause to be sent, any woman or minor under the age of 18 years, as an employee to any house of ill fame, to any house or place of…
- § 1698.5 No licensee shall send any minor to any saloon or place where intoxicating liquors are sold to be consumed on the premises.
- § 1698.6 No licensee shall knowingly permit any persons of bad character, prostitutes, gamblers, intoxicated persons, or procurers to frequent his premises.
- § 1698.7 No licensee shall accept any application for employment made by or on behalf of any child, or shall place or assist in placing any such child in any employment…
- § 1698.8 No licensee shall divide fees with an employer, an agent or other employee of an employer or person to whom help is furnished.
- § 1698.9 A farm labor contractor successor to any predecessor farm labor contractor that owed wages or penalties to a former employee of the predecessor, whether the…
- § 1699 The Labor Commissioner may, in accordance with the provisions of Chapter 4.5 (commencing with Section 11371), Part 1, Division 3, Title 2 of the Government…
CHAPTER 4. Talent Agencies §§ 1700–1700.54 · 51 sections
ARTICLE 1. Scope and Definitions §§ 1700–1700.4 · 5 sections
- § 1700 As used in this chapter, “person” means any individual, company, society, firm, partnership, association, corporation, limited liability company, manager, or…
- § 1700.1 As used in this chapter: (a) “Theatrical engagement” means any engagement or employment of a person as an actor, performer, or entertainer in a circus,…
- § 1700.2 (a) As used in this chapter, “fee” means any of the following: (1) Any money or other valuable consideration paid or promised to be paid for services rendered…
- § 1700.3 As used in this chapter: (a) “License” means a license issued by the Labor Commissioner to carry on the business of a talent agency under this chapter. (b)…
- § 1700.4 (a) “Talent agency” means a person or corporation who engages in the occupation of procuring, offering, promising, or attempting to procure employment or…
ARTICLE 2. Licenses §§ 1700.5–1700.22 · 19 sections
- § 1700.5 No person shall engage in or carry on the occupation of a talent agency without first procuring a license therefor from the Labor Commissioner. The license…
- § 1700.6 A written application for a license shall be made to the Labor Commissioner in the form prescribed by him or her and shall state: (a) The name and address of…
- § 1700.7 Upon receipt of an application for a license the Labor Commissioner may cause an investigation to be made as to the character and responsibility of the…
- § 1700.8 The commissioner upon proper notice and hearing may refuse to grant a license. The proceedings shall be conducted in accordance with Chapter 5 (commencing at…
- § 1700.9 No license shall be granted to conduct the business of a talent agency: (a) In a place that would endanger the health, safety, or welfare of the artist. (b) To…
- § 1700.10 The license when first issued shall run to the next birthday of the applicant, and each license shall then be renewed within the 30 days preceding the…
- § 1700.11 All applications for renewal shall state the names and addresses of all persons, except bona fide employees on stated salaries, financially interested either…
- § 1700.12 A filing fee of twenty-five dollars ($25) shall be paid to the Labor Commissioner at the time the application for issuance of a talent agency license is filed.…
- § 1700.13 A filing fee of twenty-five dollars ($25) shall be paid to the Labor Commissioner at the time application for consent to the transfer or assignment of a talent…
- § 1700.14 Whenever an application for a license or renewal is made, and application processing pursuant to this chapter has not been completed, the Labor Commissioner…
- § 1700.15 A talent agency shall also deposit with the Labor Commissioner, prior to the issuance or renewal of a license, a surety bond in the penal sum of fifty thousand…
- § 1700.16 Such surety bonds shall be payable to the people of the State of California, and shall be conditioned that the person applying for the license will comply with…
- § 1700.18 (a) All moneys collected for filing fees and licenses under this chapter shall be paid into the State Treasury and credited to the Labor Enforcement and…
- § 1700.19 Each license shall contain all of the following: (a) The name of the licensee. (b) A designation of the city, street, and number of the premises in which the…
- § 1700.20 No license shall protect any other than the person to whom it is issued nor any places other than those designated in the license. No license shall be…
- § 1700.20a The Labor Commissioner may issue to a person eligible therefor a certificate of convenience to conduct the business of a talent agency where the person…
- § 1700.20b To be eligible for a certificate of convenience, a person shall be either: (a) The executor or administrator of the estate of a deceased person licensed to…
- § 1700.21 The Labor Commissioner may revoke or suspend any license when it is shown that any of the following occur: (a) The licensee or his or her agent has violated or…
- § 1700.22 Before revoking or suspending any license, the Labor Commissioner shall afford the holder of such license an opportunity to be heard in person or by counsel.…
ARTICLE 3. Operation and Management §§ 1700.23–1700.47 · 22 sections
- § 1700.23 Every talent agency shall submit to the Labor Commissioner a form or forms of contract to be utilized by such talent agency in entering into written contracts…
- § 1700.24 Every talent agency shall file with the Labor Commissioner a schedule of fees to be charged and collected in the conduct of that occupation, and shall also…
- § 1700.25 (a) A licensee who receives any payment of funds on behalf of an artist shall immediately deposit that amount in a trust fund account maintained by him or her…
- § 1700.26 Every talent agency shall keep records in a form approved by the Labor Commissioner, in which shall be entered all of the following: (1) The name and address…
- § 1700.27 All books, records, and other papers kept pursuant to this chapter by any talent agency shall be open at all reasonable hours to the inspection of the Labor…
- § 1700.28 Every talent agency shall post in a conspicuous place in the office of such talent agency a printed copy of this chapter and of such other statutes as may be…
- § 1700.29 The Labor Commissioner may, in accordance with the provisions of Chapter 4 (commencing at Section 11370), Part 1, Division 3, Title 2 of the Government Code,…
- § 1700.30 No talent agency shall sell, transfer, or give away to any person other than a director, officer, manager, employee, or shareholder of the talent agency any…
- § 1700.31 No talent agency shall knowingly issue a contract for employment containing any term or condition which, if complied with, would be in violation of law, or…
- § 1700.32 No talent agency shall publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. All…
- § 1700.33 No talent agency shall send or cause to be sent, any artist to any place where the health, safety, or welfare of the artist could be adversely affected, the…
- § 1700.34 No talent agency shall send any minor to any saloon or place where intoxicating liquors are sold to be consumed on the premises.
- § 1700.35 No talent agency shall knowingly permit any persons of bad character, prostitutes, gamblers, intoxicated persons, or procurers to frequent, or be employed in,…
- § 1700.36 No talent agency shall accept any application for employment made by or on behalf of any minor, as defined by subdivision (c) of Section 1286, or shall place…
- § 1700.37 A minor cannot disaffirm a contract, otherwise valid, entered into during minority, either during the actual minority of the minor entering into such contract…
- § 1700.38 No talent agency shall knowingly secure employment for an artist in any place where a strike, lockout, or other labor trouble exists, without notifying the…
- § 1700.39 No talent agency shall divide fees with an employer, an agent or other employee of an employer.
- § 1700.40 (a) No talent agency shall collect a registration fee. In the event that a talent agency shall collect from an artist a fee or expenses for obtaining…
- § 1700.41 In cases where an artist is sent by a talent agency beyond the limits of the city in which the office of such talent agency is located upon the representation…
- § 1700.44 (a) In cases of controversy arising under this chapter, the parties involved shall refer the matters in dispute to the Labor Commissioner, who shall hear and…
- § 1700.45 Notwithstanding Section 1700.44, a provision in a contract providing for the decision by arbitration of any controversy under the contract or as to its…
- § 1700.47 It shall be unlawful for any licensee to refuse to represent any artist on account of that artist’s race, color, creed, sex, national origin, religion, or…
ARTICLE 4. Education and Trainings §§ 1700.50–1700.54 · 5 sections
- § 1700.50 (a) A licensee shall make available via electronic transmission, hard copy brochure, or through other reasonable means educational materials regarding sexual…
- § 1700.51 (a) A licensee shall make available educational materials regarding nutrition and eating disorders to an adult model artist within 90 days of the date of…
- § 1700.52 (a) Prior to the issuance of an entertainment work permit to a minor pursuant to Section 1308.5, the parent or legal guardian of a minor between 14 to 17 years…
- § 1700.53 As part of the application for license renewal, in order to establish that the requirements of this article are met, a licensee shall confirm to the Labor…
- § 1700.54 (a) It is a violation of this article for a licensee to do any of the following: (1) Fail to ensure that educational materials are made available to an adult…
CHAPTER 4.5. Fee-Related Talent Services §§ 1701–1705.4 · 20 sections
ARTICLE 1. Definitions § 1701 · 1 section
- § 1701 For purposes of this chapter, the following terms have the following meanings: (a) “Artist” means a person who is or seeks to become an actor, actress, model,…
ARTICLE 2. Advance-Fee Talent Representation Service §§ 1702–1702.4 · 4 sections
- § 1702 No person shall own, operate, or act in the capacity of an advance-fee talent representation service or advertise, solicit for, or knowingly refer a person to,…
- § 1702.1 (a) “Advance-fee talent representation service” means a person who provides or offers to provide, or advertises or represents itself as providing, an artist,…
- § 1702.3 A person who violates Section 1702 is subject to the provisions of Article 4 (commencing with Section 1704).
- § 1702.4 This article does not apply to the following: (a) A public educational institution. (b) A nonprofit corporation, organized to achieve economic adjustment and…
ARTICLE 3. Other Talent Services §§ 1703–1703.6 · 6 sections
- § 1703 (a) Every contract and agreement between an artist and a talent service shall be in writing, in at least 10-point type, and contain all of the following…
- § 1703.1 (a) Every person engaging in the business of a talent service shall keep and maintain records of the talent service business, including the following: (1) The…
- § 1703.3 (a) Prior to advertising or engaging in business, a talent service shall file with the Labor Commissioner a bond in the amount of fifty thousand dollars…
- § 1703.4 (a) A talent service, its owners, directors, officers, agents, and employees shall not do any of the following through any means of communication, including,…
- § 1703.5 No talent scout shall use the same name as used by any other talent scout soliciting for the same talent service, and no talent service shall permit a talent…
- § 1703.6 This article does not apply to any of the following: (a) An entity described in subdivisions (a), (b), (d), (e), and (f) of Section 1702.4. (b) (1) A private…
ARTICLE 4. Remedies §§ 1704–1704.3 · 4 sections
- § 1704 A person, including, an owner, officer, director, agent, or employee of a talent service, who willfully violates any provision of this chapter is guilty of a…
- § 1704.1 The Attorney General, a district attorney, or a city attorney may institute an action for a violation of this chapter, including an action to restrain and…
- § 1704.2 A person who is injured by a violation of this chapter or by the breach of a contract subject to this chapter may bring an action for recovery of damages or to…
- § 1704.3 The Labor Commissioner shall use the proceeds of a bond or deposit posted by a person pursuant to this chapter to satisfy a judgment or restitution order…
ARTICLE 5. General Provisions §§ 1705–1705.4 · 5 sections
- § 1705 The provisions of this chapter are not exclusive and do not relieve a person subject to this chapter from the duty to comply with all other laws.
- § 1705.1 The remedies provided in this chapter are not exclusive and shall be in addition to any other remedies or procedures provided in any other law, including…
- § 1705.2 A waiver by an artist of the provisions of this chapter is deemed contrary to public policy and void and unenforceable. An attempt by a person or a talent…
- § 1705.3 If any provision of this chapter or the application thereof to any person or circumstances is held unconstitutional, the remainder of the chapter and the…
- § 1705.4 Compliance with this chapter does not satisfy and is not a substitute for the requirements mandated by any other applicable law, including the obligation to…
CHAPTER 5. Child Performer Services Permits §§ 1706–1706.5 · 6 sections
- § 1706 (a) (1) No person shall represent or provide specified services to any artist who is a minor, under 18 years of age, without first submitting an application to…
- § 1706.1 A person who willfully violates any provision of this chapter is guilty of a misdemeanor. Each violation is punishable by a fine not exceeding ten thousand…
- § 1706.2 The Attorney General, any district attorney, or any city attorney may institute an action for a violation of this chapter, including an action to restrain and…
- § 1706.3 A person who is injured as a result of any violation of this chapter committed by a person required to obtain a permit pursuant to paragraph (1) of subdivision…
- § 1706.4 The provisions of this chapter are not exclusive and do not relieve any person subject to this chapter from the duty to comply with all other laws.
- § 1706.5 The remedies provided in this chapter are not exclusive and are in addition to any other remedies or procedures provided in any other law.