SECTIONS 6980 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 6980

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 the principal place of business of a licensee, where any
locksmith service is provided. Branch office includes the California
office of any out-of-state business conducting, directing,
dispatching, or managing a locksmith business, service, or service
providers in California. A telephone answering service or a telephone
call-forwarding device, for routing calls within the immediate
geographic area, shall not be deemed to be a branch office.
(b) "Bureau" means the Bureau of Security and Investigative
Services.
(c) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
(d) "Department" means the Department of Consumer Affairs.
(e) "Director" means the Director of the Department of Consumer
Affairs.
(f) "Employer" means a person who employs an individual for wages
or salary, lists the individual on the employer's payroll records,
and withholds all legally required deductions and contributions.
(g) "Employee" means an individual who works for an employer, is
listed on the employer's payroll records, and is under the employer's
direction and control. An independent contractor is not an employee
pursuant to this chapter.
(h) "Employer-employee relationship" means an individual who works
for another and where the individual's name appears on the payroll
records of the employer.
(i) "Licensee" means a business entity, whether an individual,
partnership, or corporation, licensed under this chapter.
(j) "Locksmith" means any person who, for any consideration or
compensation whatsoever, engages, directly or indirectly and as a
primary or secondary object, in the business of rekeying, installing,
repairing, opening, modifying locks, or who originates keys for
locks, including, but not limited to, electronic cloning of
transponder keys and any other electronic programming of automotive
keys and electronic operating devices, such as key fobs, door and
ignition key devices, and successive electronic and other
high-security key technology. A "locksmith" does not mean a person
whose activities are limited to making a duplicate key from an
existing key.
(k) "Person" means any individual, firm, company, association,
organization, partnership, or corporation.
(l) "Registrant" means an employee registered pursuant to the
provisions of this chapter.
(m) "Lock" means any mechanical, electromechanical, electronic, or
electromagnetic device, or similar device, including any peripheral
hardware, that is designed to control access from one area to
another, or that is designed to control the use of a device,
including, but not limited to, a safe, vault, or safe deposit box.
(n) "Recombination" means changing the combination of any
combination-actuated lock.
(o) "Master key system" means any system in which a lock is
rekeyed so that the lock can be operated by its own individual key
and can also be operated by a key that can operate other locks if the
other locks cannot be operated with the lock's individual key.
(p) "Key duplication machine" means any tool whose only capability
is to manufacture a new key by using an existing key as a guide,
which includes, but is not limited to, any of the following:
(1) Standard key duplication machines that are limited to
duplication of a metallic key from an existing metallic key, standard
single- or double-sided key, including a plastic "credit card"
emergency key.
(2) High-security key machines that include the duplication of
restricted keys, such as sidewinders and laser cut styles of
machines.
(3) Transponder cloning and reprogramming machines that transfer
electronic codes and signals and successive technology to keys, fobs,
and door and ignition operating devices.
(q) "Key blank" means a key that has not been altered or cut and
does not include depth keys.
(r) "Pin kit" means a container that holds only the following lock
parts and materials:
(1) Bottom pins.
(2) Top pins (not including master pins).
(3) Springs.
(4) Plug follower.
(5) Proprietary tools, provided by a lock manufacturer, designed
for the purpose of rekeying a lock.
(s) "Locksmith tool" means (1) any tool designed for the purpose
of opening, bypassing, altering, rekeying, servicing, or repairing
any lock, or (2) any burglar tool, as described in Section 466 of the
Penal Code.
(t) "Motor service vehicle" means any vehicle, as defined in
Section 6161 of the Vehicle Code, or other mode of transportation,
that is used in the business of rekeying, installing, repairing,
opening, or modifying locks, or originating keys for locks.