7598.1. Every person entering the employ of a licensee, performing
the function of an alarm agent who responds to alarm systems shall
complete a course in the exercise of the powers to arrest, prior to
being assigned to a duty location responding to an alarm system.
Evidence of completion shall consist of certification by the
licensee or instructor that the exercise of the powers to arrest
course has been taught, the date the course was taught, and
certification by the employee that the instruction was received.
Evidence of completion of the powers to arrest shall be maintained in
the licensee's employee records and made available to the bureau
upon request.
A qualified manager is not required to register under this
article.
7598.2. The course of training in the exercise of the power to
arrest may be administered, tested, and certified by any licensee.
The department may approve any person or school to teach the course
in the exercise of the power to arrest. The course of training shall
be approximately two hours in length and cover the following topics:
(a) Responsibilities and ethics in citizen arrest.
(b) Relationship with the public police in arrest.
(c) Limitations on security guard power to arrest.
(d) Restrictions on searches and seizures.
(e) Criminal and civil liabilities.
(1) Personal liability.
(2) Employer liability.
The department shall make available a guide book as a standard for
teaching the course in the exercise of the power to arrest. The
department shall encourage additional training and may provide a
training guide recommending additional courses.
7598.3. No employee of a licensee performing the function of an
alarm agent who responds to alarm systems shall be issued a firearms
qualification card until proper certification by the instructor that
the exercise of the power to arrest course has been taught and the
employee's certification that the instruction was received has been
delivered to the department.
7598.4. (a) Within three working days after commencing employment,
any employee performing the function of alarm agent, who is not
currently registered with the bureau, shall submit to the bureau a
completed application for registration, two classifiable fingerprint
cards, one set of which shall be forwarded to the Federal Bureau of
Investigation for purposes of a background check, and the appropriate
registration fee. All information obtained on the application shall
be confidential pursuant to the Information Practices Act of 1977
(Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of
Division 3 of the Civil Code) and shall not be released to the public
except for the registrant's full name, the employer's name and
address, and the registration number. Nothing in this section shall
preclude the release of information to the public regarding the
status of a registrant, or the release of information to law
enforcement agencies or other governmental agencies for other
authorized purposes.
(b) No application is required to be submitted if the employee
terminated employment within the three working days. "Within three
working days" means 72 hours from the time an employee is first
compensated for alarm agent services by a licensee.
(c) The bureau may impose a fee not to exceed three dollars ($3)
for processing classifiable fingerprint cards submitted by
applicants, excluding those submitted into an electronic fingerprint
system using electronic fingerprint technology.
7598.5. The application for registration under this article shall
be on a form prescribed by the director and shall be accompanied by
the fee as prescribed in this chapter.
7598.6. The application shall be verified and shall include the
following:
(a) The full name, residence address, telephone number, and date
of birth of the employee.
(b) The name, address, telephone number, and license number of the
employer and the date the employment commenced.
(c) A statement as to whether the employee has been convicted of a
misdemeanor, excluding minor traffic violations.
(d) A statement as to whether the employee has been convicted of a
felony.
7598.7. (a) Except as provided in subdivision (b), an employee of a
licensee may be assigned to work with a temporary application for
registration until the bureau issues a registration card or denies
the application for registration. A temporary application for
registration shall be a copy of the initial application. Any alarm
agent employee assigned to work must carry either a temporary
application for registration or a valid registration. A temporary
application for registration shall in no event be valid for more than
120 days. However, the director may extend the expiration date
beyond the 120 days if there is an abnormal delay in processing
applications for registration. For purposes of this section, the
120-day period shall commence on the date the applicant signs and
submits the application.
(b) Notwithstanding subdivision (a), an employee who has been
convicted of a crime prior to applying for registration shall not be
issued a temporary application for registration and shall not be
assigned to work as an alarm agent until the bureau issues a
permanent registration card. This subdivision shall apply only if
the applicant for registration has disclosed the conviction to the
bureau on his or her application form, or if the fact of the
conviction has come to the attention of the bureau through official
court or other governmental documents.
7598.8. No employee of a licensee shall carry or use a firearm
unless the employee has in his or her possession a valid alarm agent
registration card and a valid firearm qualification card issued
pursuant to this chapter.
7598.9. The bureau, upon receipt of a criminal offense record or
record of a subsequent arrest from the California Department of
Justice, shall make an immediate determination of fitness for
registration of applicants for registration or firearms qualification
permit, when information contained in the records of the Department
of Justice makes such a determination possible. Applications for
registration of those determined to be unfit shall be immediately
denied.
The bureau shall keep a current and accurate record of the
individuals who have applied for and been denied registration or
firearms qualification permits. A listing consisting of individual
names and other pertinent identifying information may be made of
those individuals who have been denied. The listing may be updated
bimonthly and made available to interested licensees and law
enforcement agencies.
7598.11. If the chief determines that an applicant's criminal
history contains arrest information for which there appears no
disposition, the chief shall issue a notice to the applicant allowing
the applicant 45 days for the applicant to provide documentation
concerning the disposition of the arrest or arrests.
The notice shall be sent to the applicant and shall provide
sufficient information to assist the applicant in complying with the
chief's request. If the applicant fails to respond within 45 days,
the applicant's employment shall be automatically suspended until the
bureau obtains the necessary documentation to approve or deny the
application.
7598.12. If the director determines that continued employment of an
applicant or registrant, in his or her current capacity, may present
an undue hazard to public safety, the licensee, upon proper
notification from the director, shall suspend the applicant or
registrant from employment in that capacity.
A registrant or applicant may request a review by the Alarm
Company Disciplinary Review Committee as set forth in Section 7591.19
to appeal the suspension.
7598.14. Upon approval of an application for registration, the
chief shall cause to be issued to the applicant, at his or her last
known address, a registration card in a form approved by the
director. A photo identification card shall be issued upon written
request of the applicant, submission of two recent photographs of the
applicant, and payment of the fee. The applicant may request to be
issued an enhanced pocket card that shall be composed of a durable
material and may incorporate technologically advanced security
features. The bureau may charge a fee sufficient to reimburse the
department's costs for furnishing the enhanced license. The fee
charged may not exceed the actual costs for system development,
maintenance, and processing necessary to provide this service, and
may not exceed six dollars ($6). If the applicant does not request
an enhanced card, the department shall issue a standard card at no
cost to the applicant. In the event of the loss or destruction of
the card, the cardholder may apply to the bureau for a certified
replacement of the card, stating the circumstances surrounding the
loss, and pay a ten dollar ($10) certification fee, whereupon the
bureau shall issue a certified replacement of the card. Every
person, while engaged in any activity for which registration is
required, shall display their valid pocket card as provided by
regulation.
7598.16. A licensee shall at all times be responsible for
ascertaining that his or her employees subject to registration are
currently registered or have made proper application for registration
as provided in this article. The licensee may not have in his or
her employment a person whose registration has expired, or been
revoked, denied, suspended, or canceled.
7598.17. A registration issued under this chapter expires two years
following the date of issuance or on the assigned renewal date.
Every alarm agent issued a registration under this chapter that
expires on or after January 1, 1997, and who is also issued or renews
a firearms qualification card on or after January 1, 1997, shall be
placed on a cyclical renewal so that the registration expires on the
expiration date of the firearms qualification card. Notwithstanding
any other provision of law, the bureau is authorized to extend or
shorten the first term of registration following January 1, 1997, and
to prorate the required registration fee in order to implement this
cyclical renewal. At least 60 days prior to the expiration of a
registration, a registrant who desires to renew his or her
registration shall forward to the bureau a copy of his or her current
registration card, along with the renewal fee as set forth in this
chapter, to the bureau for renewal of his or her registration.
The licensee shall provide to any employee information regarding
procedures for renewal of registration.
An expired registration may be renewed provided the registrant
files a renewal application on a form prescribed by the director and
the renewal and delinquency fees prescribed by this chapter are
returned to the bureau within 60 days of the expiration date of the
registration. A firearms permit is not valid while the registration
is expired.
A registration not renewed within 60 days following its expiration
may not be renewed thereafter. The holder of the expired
registration may obtain a new registration only on compliance with
all of the provisions of this chapter relating to the issuance of an
original registration. The delinquency fee is 50 percent of the
renewal fee in effect on the date of expiration, but not less than
twenty-five dollars ($25).
The holder of an expired registration shall not engage in the
activity for which a registration is required until the bureau issues
a renewal registration.
If the renewed registration card has not been delivered to the
registrant, prior to the date of expiration of the prior
registration, the registrant may present evidence of renewal to
substantiate continued registration, for a period not to exceed 90
days after the date of expiration.
A registration may not be renewed or reinstated until all fines
assessed pursuant to Section 7591.9 and not resolved in accordance
with the provisions of that section have been paid.
A new registration shall be issued subject to payment of all fines
assessed pursuant to Section 7591.9 and not resolved in accordance
with the provisions of Section 7591.9 and payment of all applicable
fees.
7598.50. The director may assess fines 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.
7598.51. An alarm agent shall carry on his or her person, while on
duty, either a valid and current registration card or a temporary
application for registration.
A fine of ten dollars ($10) may be assessed for the first
violation of this section and a fine of twenty-five dollars ($25) for
each subsequent violation.
7598.53. An alarm agent who responds to an alarm system shall wear
a prominently displayed patch or other designation which clearly
identifies the name of the licensee. An alarm agent who carries a
deadly weapon while responding to an alarm system shall wear a
recognizable uniform with a prominently displayed patch or other
designation which clearly identifies the name of the licensee. The
uniform must be distinguishable from the uniforms worn by local
regular law enforcement officers. A violation of this section may
result in a fine of twenty-five dollars ($25) for each violation.
7599. Except as otherwise provided in this chapter, an applicant
for a qualified manager certificate for an alarm company operator
license shall:
(a) Have had at least two years' experience in alarm company work
or the equivalent thereof as determined by the director.
A year's experience shall consist of not less than 2,000 hours of
actual compensated alarm company work performed by each applicant
preceding the filing of an application.
Applicants shall substantiate the claimed years and hours of
qualifying experience and the exact details as to the character and
nature thereof by written certifications from employers on forms
prescribed by the director, subject to independent verification by
the director as he or she may determine. In the event the applicant
is unable to supply a written certification from an employer, the
applicant may offer such other written certifications as may be
properly considered by the director. In addition, applicants shall
supply such evidence for consideration, as may be required by the
director.
(b) Be at least 18 years of age.
(c) Complete and forward to the bureau an application for a
qualified manager certificate for an alarm company operator license,
which shall be on a form prescribed by the director. The application
shall be accompanied by two recent photographs of the applicant,
measuring 11/4 by 11/2 , with a face size no greater than 1 by 11/4,
and two classifiable sets of his or her fingerprints.
(d) Pass the required examination.
(e) Pay the required application and examination fees to the
chief.
7599.4. The director shall issue a qualified manager certificate to
any person meeting the requirements of Section 7599. The
certificate shall be posted, along with the alarm company operator
license, in a conspicuous place at the principal place of business.
7599.5. Examinations shall be given at least once every other month
at such places and on such specific dates as the director may from
time to time determine and fix.
7599.6. In order to be eligible for an initial examination, an
applicant shall have completed and filed his or her application
together with the application fee prescribed by this chapter in the
office of the bureau in Sacramento, California, and have his or her
experience independently verified by the bureau, not later than 30
days prior to the next scheduled examination date. Applicants shall
not be scheduled until a thorough investigation has been concluded by
the bureau. Applicants whose applications are not completed and
filed within the time limits of this section may, at the discretion
of the director, be scheduled for the next scheduled examination.
7599.7. If an applicant fails to pass an initial examination or
fails to appear as scheduled for an examination, he or she shall not
be eligible for any subsequent examination except upon payment of the
reexamination fee for each subsequent examination, accompanied by a
completed application for reexamination duly filed within the time
limits and conditions relating to applications for original
examinations provided in Section 7599.6.
7599.8. All applicants shall be examined concerning their
competency, experience, and qualifications by the chief. The chief
may take testimony of anyone in regard thereto under oath.
7599.9. If an applicant fails to complete his or her application
within one year after it has been filed, or fails to take the
examination within a one-year period after becoming eligible
therefor, the application shall be considered to be abandoned. An
application submitted subsequent to the abandonment of a former
application shall be treated as a new application.
7599.10. Every qualified manager certificate issued under this
chapter shall be subject to the same renewal provisions which apply
to an alarm company operator license as set forth in Sections
7593.11, 7593.12, 7593.13, and 7593.14.
7599.20. For purposes of this article, "branch office" means any
additional location, other than the alarm company operator's
principal place of business, where the selling, monitoring,
installation, or servicing of alarms is administered, directed, or
controlled.
A telephone answering service or a telephone call forwarding
device shall not be deemed to be a branch office.
7599.21. Any licensed alarm company operator, who maintains or
proposes to maintain a branch office as defined in this article,
shall apply and qualify for a branch office registration.
7599.22. The application for a branch office registration under
this article shall be on a form prescribed by the director and shall
be accompanied by the fee as set forth in this chapter.
7599.23. The application shall include:
(a) The full name, address of the licensed location, telephone
number at the licensed location, the name of the qualified manager,
and license number of the applicant.
(b) The name and registration number of the designated branch
office manager. The individual shall:
(1) Be at least 18 years of age.
(2) Be currently registered as an alarm agent.
(3) Read the Alarm Company Act and sign a statement declaring that
he or she has read the act. The statement shall be dated, signed by
the qualified manager, maintained in the licensee's employee records
and made available to the bureau upon request.
(c) The address of the branch office and the telephone number at
the branch office.
(d) The signature of the qualified manager.
7599.24. Upon receipt of the application for a branch office
registration, the chief shall issue a "Branch Office Registration."
The registration shall be posted in a conspicuous place at the branch
office location.
7599.25. Each branch office registration shall be managed and
supervised by a designated branch office manager. However, each
registered branch office and designated branch office manager shall
be under the active management supervision of the qualified manager
of the licensee. A branch office may be managed for 120 days from
the date of initial application for registration under the direction
of the qualified manager of the licensee.
7599.29. Every branch office registration issued under this chapter
shall be subject to the same renewal provisions which apply to a
license as set forth in Sections 7593.11, 7593.12, 7593.13, and
7593.14.
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.
7599.60. Except as otherwise required to comply with the provisions
of this chapter, the proceedings under this article shall be
conducted in accordance with Section 7591.19.
7599.61. The director may suspend or revoke an alarm company
operator license, a qualified manager certificate, an alarm agent
registration, or a firearms permit, issued under this chapter, if the
director determines that the licensee or his or her manager, if an
individual, or if the licensee is a person other than an individual,
or his or her employees, that any of its officers, partners,
employees, 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 or committed any prohibited acts of
this chapter.
(c) Been convicted of any felony or misdemeanor including
illegally using, carrying, or possessing a dangerous weapon.
(d) 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.
(e) Committed assault, battery, or kidnapping, or used force or
violence on any person, without proper justification.
(f) Violated, or advised, encouraged, or assisted the violation of
any court order or injunction in the course of business as a
licensee.
(g) Been convicted of a violation of Section 148 of the Penal
Code.
(h) Committed any act which is a ground for denial of an
application for license under this chapter.
(i) Committed any act prohibited by Chapter 1.5 (commencing with
Section 630) of Title 15 of Part 1 of the Penal Code.
(j) Committed any act in the course of the licensee's business
constituting dishonesty or fraud.
7599.63. The record of conviction, or a certified copy thereof,
shall be conclusive evidence of conviction as that term is used in
Section 7591.10.
7599.70. Effective July 1, 1998, the bureau shall establish and
assess fees and penalties for licensure and registration as follows:
(a) A company license application fee may not exceed thirty-five
dollars ($35).
(b) An original license fee for an alarm company operator license
may not exceed two hundred eighty dollars ($280). A renewal fee for
an alarm company operator license may not exceed three hundred
thirty-five dollars ($335).
(c) A qualified manager application and examination fee may not
exceed one hundred five dollars ($105).
(d) A renewal fee for a qualified manager may not exceed one
hundred twenty dollars ($120).
(e) An original license fee and renewal fee for a branch office
certificate may not exceed thirty-five dollars ($35).
(f) Notwithstanding Section 163.5, the reinstatement fee as
required by Sections 7593.12 and 7598.17 is the amount equal to the
renewal fee plus a penalty of 50 percent thereof.
(g) A fee for reexamination of an applicant for a qualified
manager may not exceed two hundred forty dollars ($240).
(h) An initial registration fee for an alarm agent may not exceed
seventeen dollars ($17).
(i) A registration renewal fee for an alarm agent may not exceed
seven dollars ($7).
(j) A firearms qualification fee may not exceed eighty dollars
($80) and a firearms requalification fee may not exceed sixty dollars
($60).
(k) The fingerprint processing fee is that amount charged the
bureau by the Department of Justice.
(l) The processing fee required pursuant to Sections 7593.7 and
7598.14 is the amount equal to the expenses incurred to provide a
photo identification card.
(m) The fee for a "Certificate of Licensure" may not exceed fifty
dollars ($50).
(n) The delinquency fee is 50 percent of the renewal fee in effect
on the date of expiration, but not less than twenty-five dollars
($25).
7599.71. The director shall furnish one copy of any issue or
edition of the licensing law, rules and regulations, manuals, or
guides to any applicant or licensee without charge. The director
shall charge and collect a fee equivalent to the cost of producing
such laws, rules and regulations, manuals, or guides, plus sales tax
for each additional copy which may be furnished on request to any
applicant or licensee, and for each copy furnished on request to any
other person. All moneys derived, pursuant to this section except for
any sales tax collected shall be used to cover the costs of
producing copies of such laws, rules and regulations, manuals or
guides. All moneys collected for sales tax shall be remitted to the
State Board of Equalization.
7599.72. The department shall receive and account for all money
derived from the operation of this chapter and, at the end of each
month, shall report that money to the Controller and shall pay it to
the Treasurer, who shall keep the money in the Private Security
Services Fund.
7599.73. Application or licensee fees shall not be refunded except
in accordance with Section 158.
7599.74. All money derived from Section 7591.9 shall be used to
support the bureau's enforcement program.
7599.75. There shall be a separate budget and expenditure statement
and a separate revenue statement outlining all moneys derived from
and expended for the licensing and regulation of alarm company
operators and alarm agents in accordance with the provisions of this
chapter.
All moneys derived from the licensing of alarm company operators
and alarm agents shall be expended exclusively on the regulation of
alarm company operators and alarm agents.
If at the end of any fiscal year, the moneys derived from the
licensing of alarm company operators and alarm agents is in surplus
in an amount which equals or is more than the moneys necessary for
the regulation of alarm company operators and alarm agents for the
next two fiscal years, license or other fees shall be reduced, during
the following fiscal year in an amount which will reduce any surplus
moneys derived from the licensing of alarm company operators and
alarm agents to an amount less than the moneys expended for the
regulation of alarm company operators and alarm agents for the next
two fiscal years.
This section shall become operative on and after July 1, 1983.
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