SECTIONS 7599.30-7599.59 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 7599.30-7599.59

7599.30. The director may assess fines for any violation as
enumerated in this article, pursuant to Section 7591.9.
Assessment of administrative fines shall be independent of any
other action by the bureau or any local, state, or federal
governmental agency which may result from a violation of this
article.

7599.31. For purposes of this article, "licensee" means an alarm
company operator. A licensee shall at all times be responsible for
those actions of his or her employees, including his or her qualified
manager, performed in violation of this chapter, when acting within
the course and scope of his or her employment.

7599.32. (a) A licensee shall notify the bureau within 30 days of
any change of its officers required to be named pursuant to Section
7593.4 and of any addition of a new partner.
(b) Applications, on forms prescribed by the director, shall be
submitted by all new officers and partners. The director may suspend
or revoke a license issued under this chapter if the director
determines that the new officer or partner has committed any act
which constitutes grounds for the denial of a license pursuant to
Section 7591.10.
(c) A Notice of Warning may be issued for the first violation of
this section and a fine of twenty-five dollars ($25) for each
subsequent violation.

7599.33. No licensee shall conduct business as defined in Section
7599.20 from any location other than that location for which a
license or branch office registration was issued. A violation of this
section may result in a fine of twenty-five dollars ($25) for each
violation.

7599.34. No licensee shall conduct a business as an individual,
partnership, or corporation unless the licensee holds a valid license
issued to that exact same individual, partnership, or corporation. A
violation of this section may result in a fine of one hundred
dollars ($100) for each violation.

7599.36. Each licensee shall maintain a file or record containing
the name, address, commencing date of employment, and position of
each employee, and the date of termination. Those files and records
shall be retained during the time of employment and for a period of
not less than two years thereafter, and, together with usual payroll
records, shall be available for inspection by the bureau, and copies
thereof and information pertaining thereto or contained therein shall
be submitted to the bureau upon written request. A violation
concerning the maintenance of the files or records may result in a
fine of twenty-five dollars ($25) for each violation.
A failure of a licensee to respond to the bureau's request to
forward copies of the files or records and information pertaining
thereto or contained therein within 30 days of the bureau's request
may result in a fine of twenty-five dollars ($25) and ten dollars
($10) for each additional day that elapses following the 30th day.

7599.37. Each licensee shall maintain an accurate and current
record of proof of completion of the course of training in the
exercise of the power to arrest as required by Section 7598.1, by
each of his or her employees. A violation of this section may result
in a fine of twenty-five dollars ($25) for each violation.

7599.38. Each licensee shall certify an employee's completion of
the course of training in the exercise of power to arrest, or obtain
proof that the training has been administered by a bureau-approved
training facility, prior to allowing the employee to respond to an
alarm system as required by Section 7598.1. A violation of this
section may result in a fine of one hundred dollars ($100) for each
violation.

7599.39. Within three working days, each licensee shall verify
proof of current and valid registration issued by the bureau for each
employee who is subject to registration, or shall require an
employee to complete and submit an application for registration after
employing an individual who does not possess a current and valid
registration from the bureau. "Within three working days" means 72
hours from the time an employee is first compensated for alarm agent
services for a licensee. A violation of this section may result in a
fine of twelve dollars ($12) for the first 10 violations and fifty
dollars ($50) for each subsequent violation.

7599.40. No licensee shall allow any employee to carry a firearm or
other deadly weapon without first ascertaining that the employee is
proficient in the use of each weapon to be carried. A current and
valid firearm qualification card which indicates the specific caliber
of the firearm which may be carried shall be deemed evidence of
proficiency. A firearm qualification permit is not valid unless the
employee holds a valid, current registration card. With respect to
other deadly weapons, evidence of proficiency shall include a
certificate from a training facility, certifying that the employee is
proficient in the use of that particular deadly weapon. A violation
of this section may result in a fine of two hundred fifty dollars
($250) for each violation.

7599.41. A licensee shall maintain an accurate and current record
of all firearms or other deadly weapons that are in the possession of
the licensee, or of any employee of the licensee, while on duty. The
record shall contain the make, model, and serial number, or a
description of any other deadly weapon, and the name of the person
who has title of ownership. A violation of this section may result in
a fine of twenty-five dollars ($25) for each violation.

7599.42. Within seven days after any violent incident, involving a
dangerous weapon, which has been caused by or occurred upon a
licensee or any officer, partner, qualified manager, or employee of a
licensee, while acting within the course and scope of his or her
employment, that results in bodily injury to any person or death of
any person involved in that incident or of any discharge of a weapon,
excluding any discharge which occurs on the range, the licensee or
his or her manager shall mail or deliver to the chief a detailed
report of the incident. The report shall describe fully the
circumstances surrounding the incident, any injuries or damages
incurred, the identity of all participants, and whether a police
investigation was conducted. A violation of this section may result
in a fine of twenty-five dollars ($25) for the first violation and
one hundred dollars ($100) for each subsequent violation.

7599.43. Within seven days after receiving a final civil court
judgment filed against the licensee or any officer, partner,
qualified manager, or employee of a licensee for an amount of more
than five hundred dollars ($500) pertaining to any act done within
the course and scope of his or her employment, which may be in
violation of this chapter, the licensee or his or her manager shall
mail or deliver to the chief a copy of the judgment. A violation of
this section may result in a fine of twenty-five dollars ($25) for
the first violation and one hundred dollars ($100) for each
subsequent violation.

7599.44. Every advertisement by a licensee soliciting or
advertising business shall contain his or her name and license number
as they appear in the records of the bureau. A violation of this
section may result in a Notice of Warning for the first violation,
and a fine of twenty-five dollars ($25) for each subsequent
violation.

7599.45. No licensee or employee of a licensee shall enter any
private building or portion thereof, excepting premises open to the
public, without the consent of the owner or the person in legal
possession thereof. A violation of this section may result in a fine
of twenty-five dollars ($25) for the first violation and one hundred
dollars ($100) for each subsequent violation.

7599.46. No licensee shall aid and abet an unlicensed alarm company
operator in any activity for which a license is required. A
violation of this section may result in a fine of one thousand
dollars ($1,000) for each violation.

7599.47. No licensee shall transfer his or her license. This means
that no licensee shall permit an employee or agent, in his or her own
name, to advertise, engage clients, furnish reports or present bills
to clients, or in any manner perform any activities for which a
license is required under this chapter. A violation of this section
may result in a fine of one thousand dollars ($1,000) for each
violation.

7599.48. No licensee, or officer, partner, manager, or employee of
a licensee, shall knowingly make any false report to his or her
employer or client for whom information is being obtained. A
violation of this section may result in a fine of one hundred dollars
($100) for the first violation, and five hundred dollars ($500) for
each subsequent violation.

7599.49. No licensee shall abandon the completion of any
installation of an alarm system without legal excuse. A violation of
this section may result in a fine of one hundred dollars ($100) for
the first violation and five hundred dollars ($500) for each
subsequent violation.

7599.50. No licensee shall willfully depart from or disregard any
plans or specifications, or in the absence of specific requirements,
within the plans or specifications of accepted trade standards for
good and workerlike construction in any material respect and
prejudicial to another, without consent of the owner or his or her
duly authorized representative, and without the consent of the person
entitled to have the particular installation of alarm system
substantially completed in accordance with such plans and
specifications. A violation of this section may result in a fine of
one hundred dollars ($100) for the first violation and five hundred
dollars ($500) for each subsequent violation.

7599.51. No licensee shall willfully or deliberately disregard any
building laws, safety law, or labor laws of the state or any
political subdivision thereof. A violation of this section may result
in a fine of one hundred dollars ($100) for the first violation and
five hundred dollars ($500) for each subsequent violation.

7599.52. No licensee shall fail in any material respect to complete
any alarm system installation for the price stated in the contract
for the alarm system. A violation of this section may result in a
fine of one hundred dollars ($100) for the first violation and five
hundred dollars ($500) for each subsequent violation.

7599.53. No licensee shall willfully refuse, without legal excuse,
to pursue the installation of an alarm system with reasonable
diligence, causing material injury to another. A violation of this
section may result in a fine of one hundred dollars ($100) for the
first violation and five hundred dollars ($500) for each subsequent
violation.

7599.54. Every agreement, including, but not limited to, lease
agreements, monitoring agreements, and service agreements, including
all labor, services, and materials to be provided for the
installation of an alarm system, shall be in writing. All amendments
subject to the provisions of this section to an initial agreement
shall be in writing. Each initial agreement shall contain, but not be
limited to, the following:
(a) The name, business address, business telephone number, and
license number of the licensed alarm company operator and the
registration number of any alarm agent who solicited or negotiated
the agreement.
(b) The approximate dates when the work will begin and be
substantially completed.
(c) A description of the work to be done, a description of the
materials to be used, and the agreed consideration for the work.
(d) A disclosure that alarm company operators are licensed and
regulated by the Bureau of Security and Investigative Services,
Department of Consumer Affairs, Sacramento, CA, 95814.
(e) A description of the alarm system including the major
components thereof and services to be provided to the purchaser once
the alarm is installed, including response or monitoring services, if
any.
(f) Other matters agreed to by the parties of the contract. The
agreement shall be legible and shall be in a form as to clearly
describe any other document which is to be incorporated into the
contract, and, before any work is done, the client shall be furnished
with a copy of the written agreement signed by the licensee.
(g) A statement setting forth that upon completion of the
installation of the alarm system, the alarm company shall thoroughly
instruct the purchaser in the proper use of the alarm system.
(h) In the event a mechanic's lien is to be utilized, a
notice-to-owner statement which shall describe, in nontechnical
language and in a clear and coherent manner using words with common
and everyday meaning, the pertinent provisions of this state's
mechanics' lien laws and the rights and responsibilities of an owner
of property and a contractor thereunder, including the provisions
relating to the filing of a contract concerning a work of improvement
with the county recorder and the recording in the office of a
contractor's payment bond for private work.
(i) In addition to the above, every initial residential sales and
lease agreement, the total cost which over the time period fixed by
the agreement exceeds two hundred fifty dollars ($250), including the
cost of all labor, service, or material to be provided by the
licensee for the installation, shall include, but not be limited to,
the following:
(1) A schedule of payments showing the amount of each payment as a
sum in dollars and cents. This schedule of payments shall be
referenced to the amount of work for services to be performed or to
any materials or equipment to be supplied.
(2) If the payment schedule contained in the agreement provides
for a down payment to be paid to the licensee by the owner or the
tenant before commencement of the work, that down payment shall not
exceed one thousand dollars ($1,000) or 10 percent of the contract
price, excluding finance charges, whichever is the lesser.
(3) In no event shall the payment schedule provide that the
licensee receive, nor shall the licensee actually receive, payment in
excess of 100 percent of the value of the work performed on the
project at any time, excluding finance charges, except that the
licensee may receive an initial down payment authorized by paragraph
(2). A failure by the licensee, without legal excuse, to
substantially commence work within 20 days of the approximate date
specified in the contract when work is to commence, shall postpone
the next succeeding payment to the licensee for that period of time
equivalent to the time between when substantial commencement was to
have occurred and when it did occur.
(4) A notice-to-owner statement which shall describe, in
nontechnical language and in a clear and coherent manner using words
with common and everyday meaning, the pertinent provisions of this
state's mechanics' lien laws and the rights and responsibilities of
an owner of property and a contractor thereunder, including the
provisions relating to the filing of a contract concerning a work of
improvement with the county recorder and the recording in the office
of a contractor's payment bond for private work.
(5) A description of what constitutes substantial commencement of
work pursuant to the contract.
(6) A disclosure that failure by the licensee, without legal
excuse, to substantially commence work within 20 days from the
approximate date specified in the agreement when the work will begin
is a violation of the Alarm Company Act.
(7) A disclosure informing the buyer of any potential permit fees
which may be required by local jurisdictions concerning the
monitoring of an existing alarm system.
(8) This section shall not be construed to prohibit the parties to
a residential alarm system sale contract from agreeing to a contract
or account subject to Chapter 1 (commencing with Section 1801) of
Title 2 of Part 4 of Division 3 of the Civil Code.
A violation of this section or failure to commence work pursuant
to paragraph (6) of subdivision (h) may result in a fine of one
hundred dollars ($100) for the first violation and a five hundred
dollar ($500) fine for each subsequent violation.

7599.55. No licensee shall make any untrue or misleading statements
in connection with the business of the licensee. "Untrue or
misleading statements" include, but are not limited to, a
representation by an alarm company operator or agent that:
(a) An alarm system is "Underwriters Laboratory approved or listed"
(UL approved or listed) unless the entire system, and not only one
or more components, is in fact, UL approved or listed.
(b) An alarm system is insurance approved, police approved, or
approved by the Department of Defense, unless in fact the approval
has been obtained in writing.
A violation of this section may result in a fine of one hundred
dollars ($100) for the first violation and a five hundred dollar
($500) fine for each subsequent violation.

7599.58. No alarm company operator shall:
(a) Knowingly install a defective alarm system.
(b) Willfully fail to service the alarm system pursuant to the
terms of the warranty or service agreement.
(c) Willfully fail to notify the owner of a defective system when
the alarm company operator makes a discovery of a defect in a system
after installation.
(d) Willfully fails to provide any service described in the
agreement pursuant to Section 7599.54.
Notwithstanding the provisions of Section 7591.9, a violation of
this section shall result in a fine of one thousand dollars ($1,000)
for the first violation, and a fine of not less than two thousand
five hundred dollars ($2,500), nor more than five thousand dollars
($5,000) for each subsequent violation.

7599.59. The director may assess administrative fines against any
licensee, qualified certificate holder, firearms qualification card
holder, or registrant for failure to notify the bureau within 30 days
of any change of residence or business address.
(a) The fine shall be twenty-five dollars ($25) for each violation
by a licensee or qualified certificate holder.
(b) The fine shall be fifteen dollars ($15) for each violation by
a firearms qualification card holder or registrant.