SECTIONS 7590-7590.5 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7590-7590.5

7590. This chapter constitutes the chapter on alarm company
operators and alarm agents. It may be cited as the Alarm Company Act.

7590.1. The following terms as used in this chapter have the
meaning expressed in this article:
(a) "Person" means any individual, firm, company, association,
organization, partnership, limited liability company, or corporation.
(b) "Department" means the Department of Consumer Affairs.
(c) "Director" means the Director of Consumer Affairs.
(d) "Bureau" means the Bureau of Security and Investigative
Services.
(e) "Chief" means the Chief of the Bureau of Security and
Investigative Services.
(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.
(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) "Qualified manager" means an individual who is in active
control, management, and direction of the licensee's business, and
who is in possession of a current and valid qualified manager's
certificate pursuant to this chapter.
(k) "Registrant" means any person registered or who has applied
for registration under this chapter.
(l) "Branch office" means any location, other than the principal
place of business of the licensee, which is licensed as set forth in
Article 11 (commencing with Section 7599.20).
(m) "Branch office manager" means an individual designated by the
qualified manager to manage the licensee's branch office and who has
met the requirements as set forth in Article 11 (commencing with
Section 7599.20).
(n) "Alarm system" means an assembly of equipment and devices
arranged to signal the presence of a hazard requiring urgent
attention and to which police are expected to respond.
(o) "Alarm agent" means a person employed by an alarm company
operator whose duties include selling on premises, altering,
installing, maintaining, moving, repairing, replacing, servicing,
responding, or monitoring an alarm system, or a person who manages or
supervises a person employed by an alarm company to perform any of
the duties described in this subdivision or any person in training
for any of the duties described in this subdivision.
(p) "Deadly weapon" means and includes any instrument or weapon of
the kind commonly known as a blackjack, slungshot, billy, sandclub,
sandbag, metal knuckles; any dirk, dagger, pistol, revolver, or any
other firearm; any knife having a blade longer than five inches; any
razor with an unguarded blade; or any metal pipe or bar used or
intended to be used as a club.
(q) "Firearms permit" means a permit issued by the bureau,
pursuant to Article 6 (commencing with Section 7596), to a licensee,
a qualified manager, or an alarm agent, to carry an exposed firearm
while on duty.
(r) (1) "Advertisement" means:
(A) Any written or printed communication for the purpose of
soliciting, describing, or promoting the licensed business of the
licensee, including a brochure, letter, pamphlet, newspaper,
periodical, publication, or other writing.
(B) A directory listing caused or permitted by the licensee which
indicates his or her licensed activity.
(C) A radio, television, or similar airwave transmission which
solicits or promotes the licensed business of the licensee.
(2) "Advertisement" does not include any of the following:
(A) Any printing or writing used on buildings, vehicles, uniforms,
badges, or other property where the purpose of the printing or
writing is identification.
(B) Any printing or writing on communications, memoranda, or any
other writings used in the ordinary course of business where the sole
purpose of the writing is other than the solicitation or promotion
of business.
(C) Any printing or writing on novelty objects used in the
promotion of the licensee's business where the printing of the
information required by this chapter would be impractical due to the
available area or surface.
(s) "Residential sales agreement" means and includes an agreement
between an alarm company operator and an owner or tenant for the
purchase of an alarm system to be utilized in the personal residence
of the owner or tenant.
(t) "Firearm permit" means and includes "firearms permit,"
"firearms qualification card," "firearms qualification," and
"firearms qualification permit."

7590.2. An "alarm company operator" means any person who, for any
consideration whatsoever, engages in business or accepts employment
to install, maintain, alter, sell on premises, monitor, or service
alarm systems or who responds to alarm systems except for any alarm
agent. "Alarm company operator," includes any entity that is retained
by a licensed alarm company operator , a customer, or any other
person or entity, to monitor one or more alarm systems, whether or
not the entity performs any other duties within the definition of an
alarm company operator. The provisions of this chapter, to the extent
that they can be made applicable, shall be applicable to the duties
and functions performed in monitoring alarm systems.
A person licensed as an alarm company operator may not conduct any
investigation or investigations except those that are incidental to
personal injury, or the theft, loss, embezzlement, misappropriation,
or concealment of any property, or any other thing enumerated in this
section, which he or she has been hired or engaged to protect.

7590.3. This chapter does not apply to:
(a) A person employed exclusively and regularly by any employer
who does not provide contract alarm services for other entities or
persons, in connection with the affairs of that employer only and
where there exists an employer-employee relationship. A person so
employed shall at no time carry or use any deadly weapon in the
performance of his or her duties.
(b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency.
(c) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter.
(d) A licensed private patrol operator or any employee of a
licensed private patrol operator who is employed as a security guard,
security officer, or street patrol person as defined in Section
7582.1 and who is employed to respond to alarm systems.

7590.5. Notwithstanding any other requirements for licensure as an
alarm company operator or for registration as an alarm agent pursuant
to this chapter, an applicant for an alarm company operator license
or an alarm agent registration shall be at least 18 years of age.
This section shall apply only to applications for licensure or
registration or applications for renewal of that licensure or
registration submitted to the bureau on or after January 1, 1991.