SECTIONS 19049-19064 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 19049-19064

19049. It shall be unlawful for any person to engage in a business
regulated by this chapter unless, at the time of so doing, he or she
holds a valid, unexpired license to engage in that business, in
compliance with the provisions of this chapter.

19050. To obtain a license authorized by this chapter, an applicant
shall submit to the chief an application in writing.
The application shall be made on a form prescribed by the chief
and shall be accompanied by the fee fixed by this chapter.

19051. Every upholstered-furniture retailer, unless he or she holds
an importer's license, a furniture and bedding manufacturer's
license, a wholesale furniture and bedding dealer's license, a custom
upholsterer's license, or a retail furniture and bedding dealer's
license shall hold a retail furniture dealer's license.
(a) This section does not apply to a person whose sole business is
designing and specifying for interior spaces, and who purchases
specific amenable upholstered furniture items on behalf of a client,
provided that the furniture is purchased from an appropriately
licensed importer, wholesaler, or retailer. This section does not
apply to a person who sells "used" and "antique" furniture as defined
in Sections 19008.1 and 19008.2.
(b) This section does not apply to a person who is licensed as a
home medical device retail facility by the State Department of Health
Services, provided that the furniture is purchased from an
appropriately licensed importer, wholesaler, or retailer.

19052. Every custom upholsterer, unless he or she holds a furniture
and bedding manufacturer's license, shall hold a custom upholsterer'
s license.

19053. Every upholstered-furniture wholesaler, bedding wholesaler,
and upholstered-furniture and bedding wholesaler, unless he or she
holds an importer's license, shall hold a wholesale furniture and
bedding dealer's license.

19053.1. Every importer shall hold an importer's license.

19054. Every upholstered-furniture manufacturer, bedding
manufacturer, upholstered-furniture and bedding manufacturer, or
bedding renovator, unless he or she holds an importer's license,
shall hold a furniture and bedding manufacturer's license.

19055. Every bedding retailer, unless he or she holds an importer's
license, an upholstered-furniture and bedding manufacturer's
license, a wholesale upholstered-furniture and bedding dealer's
license, or a retail furniture and bedding dealer's license, shall
hold a retail bedding dealer's license.
(a) This section does not apply to a person whose sole business is
designing and specifying for interior spaces, and who purchases
specific amenable bedding items on behalf of a client, provided that
the bedding is purchased from an appropriately licensed importer,
wholesaler, or retailer.
(b) This section does not apply to a person who is licensed as a
home medical device retail facility by the State Department of Health
Services, provided that the bedding is purchased from an
appropriately licensed importer, wholesaler, or retailer.

19056. Every bedding renovator shall hold an upholstered-furniture
and bedding manufacturer's license.

19059. Every supply dealer, unless he or she holds an
upholstered-furniture and bedding manufacturer's license or an
importer's license, shall hold a supply dealer's license.

19059.5. Every sanitizer shall hold a sanitizer's license unless he
or she is licensed as a home medical device retail facility by the
State Department of Health Services or as an upholstered furniture
and bedding manufacturer, retail furniture and bedding dealer, retail
bedding dealer, or custom upholsterer.

19059.7. Every insulation manufacturer who sells insulation
material in California shall hold an insulation manufacturing license
issued by the bureau. Manufacturers having more than one
manufacturing plant shall hold a single license for all plants under
the same ownership producing the same generic type of insulation. The
total annual license fee for any insulation manufacturer shall not
exceed eight thousand dollars ($8,000).

19060. Every person in any class shall obtain a separate license
for each branch house; but one whose manufacturing plant is located
in another state or foreign country, and who is licensed to
manufacture upholstered furniture or bedding or filling materials for
sale in California, may have one wholesale outlet operated in the
same name in California, covered by the license issued to the
factory.

19060.5. Every person who, on his or her own account, sells either
directly or indirectly to any person either at wholesale or retail
any merchandise subject to this chapter by means of a car, catalog,
office, or in any other manner, shall obtain the proper license for
each method of sale or distribution.

19060.6. (a) Except as provided in subdivision (b), every person
who, on his or her own account, advertises, solicits or contracts to
manufacture, repair or renovate upholstered furniture or bedding, and
who either does the work himself or herself or has others do it for
him or her, shall obtain the particular license required by this
chapter for the particular type of work that he or she solicits or
advertises that he or she will do, regardless of whether he or she
has a shop or factory.
(b) Every person who, on his or her own account, advertises,
solicits or contracts to repair or renovate upholstered furniture and
who does not do the work himself or herself nor have employees do it
for him or her but does have the work done by a licensed custom
upholsterer need not obtain a license as a custom upholsterer but
shall obtain a license as a retail furniture dealer. However, nothing
in this section shall exempt a retail furniture dealer from
complying with Sections 19162 and 19163.

19061. Every person doing business at the same address under more
than one firm name is subject to the license provisions for each firm
name.

19061.5. The chief shall prescribe the procedure relative to:
(a) Assignment or reassignment of serial or registry numbers.
(b) Transfer of licenses between persons, where such transfer is
effected through rent, lease or sale of the business.
(c) Change in name, ownership, address, or of license
classification.

19062. A license issued by the bureau shall be posted in a
conspicuous place in the main office or principal place of business
of the licensee.

19063. The bureau may refuse to issue any license provided for in
this chapter to any individual:
(a) Who has had any license issued to him or her revoked, or whose
license is under suspension, or who has failed to renew his or her
license while it was under suspension.
(b) If any license of a partnership of which he or she is or was a
member, or of a corporation of which he or she is or was an officer
or director, or of a firm or association of which he or she is or was
an officer or of which he or she is or was acting in a managerial
capacity, has had any license issued to it revoked or suspended, and
while acting as a member, officer, director, or in a managerial
capacity he or she participated in any of the prohibited acts for
which the license was revoked or suspended.

19064. The bureau may refuse to issue any license provided for in
this chapter to any partnership, corporation, firm, or association:
(a) Who has had any license issued to it revoked, or whose license
is under suspension, or who has failed to renew its license while it
was under suspension.
(b) If any member of the partnership, or any officer or director
of the corporation, or any officer or person acting in a managerial
capacity of the firm or association has had any license issued to him
or her revoked, or whose license is under suspension, or who has
failed to renew his or her license while it was under suspension.
(c) If any member of the partnership, or any officer or director
of the corporation, or any officer or person acting in a managerial
capacity of the firm or association, was either a member of any
partnership, or an officer or director of any corporation, or an
officer or person acting in a managerial capacity of any firm or
association, whose license has been revoked, or whose license is
under suspension, or who failed to renew a license while it was under
suspension, and while acting as such member, officer, director, or
person acting in a managerial capacity participated in any of the
prohibited acts for which any such license was revoked or suspended.