SECTIONS 7587-7587.14 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7587-7587.14

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 shall be conducted in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, and the director shall have all the
powers granted therein.

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.
Notwithstanding the assessment or payment of fines for any
violations of this chapter, the director may deny, 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 the licensee
is a person other than an individual, that any of its officers,
directors, partners, or its manager, has:
(a) Made any false statement or given any false information in
connection with an application for a license or a renewal or
reinstatement of a license.
(b) Violated any provisions of this chapter.
(c) Violated any rule of the director adopted pursuant to the
authority contained in this chapter.
(d) Committed any act or crime constituting grounds for denial of
licensure under Section 480, including illegally using, carrying, or
possessing a deadly weapon.
(e) Impersonated, or permitted or aided and abetted an employee to
impersonate a law enforcement officer or employee of the United
States of America, or of any state or political subdivision thereof.
(f) Committed or permitted any employee to commit any act, while
the license was expired which would be cause for the suspension or
revocation of a license, or grounds for the denial of an application
for a license.
(g) Willfully failed or refused to render to a client services or
a report as agreed between the parties and for which compensation has
been paid or tendered in accordance with the agreement of the
parties.
(h) Committed assault, battery, or kidnapping, or used force or
violence on any person, without proper justification.
(i) Knowingly violated, or advised, encouraged, or assisted the
violation of any court order or injunction in the course of business
as a licensee.
(j) Acted as a runner or capper for any attorney.
(k) Been convicted of a violation of Section 148 of the Penal
Code.
(l) Committed any act which is a ground for denial of an
application for a license under this chapter.
(m) Committed any act prohibited by Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1 of the Penal Code.
(n) Purchased, possessed, or transported any tear gas weapon
except as authorized by law. A violation of this subdivision may be
punished by the suspension of a license for a period to be determined
by the director.
(o) Been convicted of a violation of Section 95.3 of the Penal
Code.

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 failure to comply with
subdivision (e) of Section 7583.2 or Section 7583.11. In addition,
the director may deny, suspend, or revoke a license issued under this
chapter for a failure to comply with Section 7583.11.

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 the licensee is a person other than
an individual, that any of its officers, directors, partners, or its
manager, has:
(a) Used any letterhead, advertisement, or other printed matter,
or in any manner whatever represented that he or she is an
instrumentality of the federal government, a state, or any political
subdivision thereof.
(b) Used a name different from that under which he or she is
currently licensed in any advertisement, solicitation, or contract
for business.

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 the licensee is a person other than
an individual, that any of its officers, directors, partners, or its
manager, has committed any act in the course of the licensee's
business constituting dishonesty or fraud.
"Dishonesty or fraud" as used in this section, includes, in
addition to other acts not specifically enumerated herein:
(a) Knowingly making a false statement relating to evidence or
information obtained in the course of employment, or knowingly
publishing a slander or a libel in the course of business.
(b) Using illegal means in the collection or attempted collection
of a debt or obligation.
(c) Manufacture of evidence.
(d) Acceptance of employment adverse to a client or former client
relating to a matter with respect to which the licensee has obtained
confidential information by reason of or in the course of his or her
employment by the client or former client.

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 Section 480.
A plea or verdict of guilty or a conviction following a plea of
nolo contendere is deemed to be a conviction within the meaning of
this article, Section 7582.24, or Section 480. The director may order
the license suspended or revoked, or may decline to issue a license,
when the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal or when an order granting probation is
made suspending the imposition of sentence, irrespective of a
subsequent order under the provisions of Section 1203.4 of the Penal
Code allowing the person to withdraw his or her plea of guilty and to
enter a plea of not guilty, or setting aside the verdict of guilty,
or dismissing the accusation, information, or indictment.

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 penalty not to exceed five hundred
dollars ($500) upon a licensee, if the director determines that this
action better serves the purposes of this chapter.

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, 7587.2, or 7587.14, the director
may issue a citation to the licensee or registrant. The citation
shall be in writing and shall describe with particularity the nature
of the violation, including specific reference to the provision of
law determined to have been violated. If the director deems it
appropriate, the citation may contain an order of abatement fixing a
reasonable time for abatement of the violation and may contain an
assessment of an administrative fine. The amount of the fine shall in
no event exceed two thousand five hundred dollars ($2,500) or as
otherwise provided in this chapter, whichever is less.
A citation or fine assessment shall inform the licensee or
registrant that if he or she contests the finding of a violation,
they may request a review by a disciplinary review committee in
accordance with Section 7581.3. If a review is not requested pursuant
to this section, payment of any fine shall not constitute an
admission of the violation charged. If a review is not allowed under
this chapter, a licensee or registrant may request a hearing in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code if
he or she wishes to contest the findings of a violation, and if a
hearing is not requested, payment of any fines shall not constitute
an admission of the violation charged.
If the licensee or registrant neither requests a review, nor pays
the assessed fine within 30 days of the assessment, the license or
registration of the person shall not be renewed pursuant to the
provisions of this chapter until the assessed fine is paid.
Administrative fines collected pursuant to this article shall be
deposited in the Private Security Services Fund, which fund is hereby
created to carry out the purposes of this chapter.

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), (b), and (c) of Section 7583.2;
one hundred dollars ($100) per violation.
(b) Violation of subdivisions (h) and (i) of Section 7583.2; one
hundred dollars ($100) for the first violation and two hundred fifty
dollars ($250) per violation for each violation thereafter.
(c) Violation of subdivision (d) of Section 7583.2; one hundred
dollars ($100) per violation.
(d) Violation of subdivision (g) of Section 7583.2; five hundred
dollars ($500) for the first violation and one thousand five hundred
dollars ($1,500) per violation for each violation thereafter.
(e) Violation of subdivision (f) of Section 7583.2; two thousand
five hundred dollars ($2,500) per violation, notwithstanding any
other provision of law.

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) and (b) of Section 7583.3;
twenty-five dollars ($25) for the first violation and fifty dollars
($50) per violation for each violation thereafter.
(b) Violation of subdivision (c) of Section 7583.3; two hundred
fifty dollars ($250) for the first violation and five hundred dollars
($500) per violation for each violation thereafter.
(c) Violation of Section 7583.4; two hundred fifty dollars ($250)
for the first violation and five hundred dollars ($500) per violation
for each violation thereafter.

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) and (d) of Section 7583.37; one
hundred dollars ($100) for the first violation and two hundred
dollars ($200) for each violation thereafter.
(b) Violation of subdivision (a) of Section 7583.37; one hundred
dollars ($100) for the first violation and five hundred dollars
($500) for each violation thereafter.
(c) Violation of subdivision (e) of Section 7583.37; one thousand
dollars ($1000).
(d) Violation of subdivision (b) of Section 7583.37; one thousand
dollars ($1000) for the first violation and suspension of a firearm
qualification card for six months for each violation thereafter.

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 7585.19; one hundred dollars ($100) for the first
violation and five hundred dollars ($500) for subsequent violations.
(b) Violations of paragraph (3), (7), (8), or (10) of subdivision
(a) of Section 7585.19; five hundred dollars ($500) for each
violation.
(c) Violations of paragraph (6) of subdivision (a) of Section
7585.19; two hundred fifty dollars ($250) for each hour shortened.
(d) Violations of paragraph (4) of subdivision (a) of Section
7585.19; five hundred dollars ($500) for each violation.
(e) Violations of paragraph (5) of subdivision (a) of Section
7585.19; five hundred dollars ($500) for every hour the course has
been shortened.
(f) Violations of paragraph (9) of subdivision (a) of Section
7585.19; one thousand dollars ($1,000) for each violation.

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 violates any of the other
provisions of this chapter is guilty of a misdemeanor punishable by a
fine not to exceed one thousand dollars ($1,000) or by imprisonment
in the county jail not to exceed one year, or by both such fine and
imprisonment.

7587.14. The director may assess administrative fines against any
licensee, registrant, or firearms qualification cardholder for
failure to notify the bureau within 30 days of any change of
residence or business address. The principal place of business may be
at a home or at a business address, but it shall be the place at
which the licensee maintains a permanent office.
(a) The fine shall be twenty-five dollars ($25) for the first
violation and fifty dollars ($50) per violation for each violation
thereafter by a licensee.
(b) The fine shall be fifty dollars ($50) for each violation by a
registrant or a firearms qualification cardholder.