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.
7591. There is in the Department of Consumer Affairs a Bureau of
Security and Investigative Services. The bureau is under the
supervision and control of the director. The director shall
administer and enforce the provisions of this chapter.
7591.1. The Governor shall appoint a chief of the bureau at a
salary to be fixed in accordance with Section 12080.3 of the
Government Code. The chief shall serve under the direction and
supervision of the director.
7591.2. Every power and duty granted to or imposed upon the
director under this chapter may be delegated to the chief, except
that the director may not delegate authority to adopt or otherwise
act upon any proposed decision of a hearing officer after a hearing
under the provisions of Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. The chief may
delegate any power or duty granted to or imposed upon him or her
under this chapter to the deputy chief, to the assistant chief, or
to any inspection, investigation, or auditing personnel of the
bureau.
7591.3. The director, in accordance with the State Civil Service
Act, and Section 159.5, may appoint and fix the compensation of such
clerical, inspection, investigation, and auditing personnel, as well
as an assistant chief, as may be necessary to carry out the
provisions of this chapter. Except as otherwise provided in Section
159.5, all personnel shall perform their respective duties under the
supervision and direction of the chief.
7591.4. The chief shall gather evidence of violations of this
chapter and of any rule or regulation established under this chapter
by unlicensed persons who engage in a business for which a license is
required under this chapter and shall furnish the same to
prosecuting officers of any county or city or city and county for the
purpose of prosecuting those violations.
7591.5. It shall be the duty of the chief to initiate and conduct
investigations into the business operations of alarm company
operators on his or her own motion, if the alarm company operator is
not operating in accordance with the provisions of this chapter, or
there has been a written complaint to the bureau about the actions
and conduct of the alarm company operator or his or her employees or
agents.
7591.6. The director, taking into consideration the recommendations
of the advisory board, may establish and enforce such rules and
regulations as may be reasonable and necessary for the examination
and licensing of applicants, for the conduct of licensees, and for
the general enforcement of the various provisions of this chapter in
the protection of the public.
7591.7. The chief or his or her designee may inspect, examine, or
investigate the relevant records, books, accounts, and files created
and maintained by the alarm company operator. The chief shall have
access to those relevant business records, not including client
information relating to the operational integrity of the alarm
system, necessary to the examination for the purpose of performing a
random audit to determine compliance with the provisions of this
chapter.
7591.8. The director may automatically suspend a license,
registration, or firearm qualification card if it is determined that
the continued possession of such a license, registration, or card by
the licensee, registrant, or card holder presents an undue hazard to
public safety which may result in substantial injury to another.
A licensee, registrant, or firearm qualification card holder may
request a review by the Alarm Company Operator Disciplinary Review
Committee as set forth in Section 7591.19 to appeal the suspension.
7591.9. If, upon investigation, the chief determines that an alarm
company operator, a qualified manager, or an alarm agent is in
violation of Sections 7597.1, 7597.2, 7597.3, 7597.5, 7597.6,
7598.51, 7598.53, 7599.32, 7599.33, 7599.34, 7599.36, 7599.37,
7599.38, 7599.39, 7599.40, 7599.41, 7599.42, 7599.43, 7599.44,
7599.45, 7599.46, 7599.47, 7599.48, 7599.49, 7599.50, 7599.51,
7599.52, 7599.53, 7599.54, 7599.55, 7599.58, and 7599.59, the
director may issue a citation to, and fine, the alarm company
operator, qualified manager, or alarm agent. The citation and fine
assessment 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. The citation
shall contain an order of abatement fixing a reasonable time for
abatement of the violation and may contain assessment of an
administrative fine. The amount of the fine for any single
investigation or audit of an alarm company operator, a qualified
manager, or an alarm agent shall not exceed two thousand five hundred
dollars ($2,500).
A citation and fine assessment shall inform the alarm company
operator, qualified manager, or alarm agent that if he or she desires
a review by the Alarm Company Operator Disciplinary Review
Committee, the review shall be requested by written notice to the
chief within 30 days of the issuance of the citation and assessment,
as appropriate. If a review is not requested pursuant to this
section, payment of any fine shall not constitute an admission of the
violation charged. A review shall be held pursuant to the
provisions of Section 7591.19.
If the alarm company operator, qualified manager, or alarm agent
fails to request a review or fails to pay the assessed fine within 30
days of the assessment, the license, certificate, or registration
shall not be renewed pursuant to the provisions of this chapter until
the assessed fine is paid.
Administrative fines collected pursuant to this section shall be
deposited in the Private Investigator Fund.
7591.10. (a) The director may deny a license, certificate, or
registration regulated by this chapter on the grounds that the
applicant has done any of the following:
(1) Knowingly made a false statement of fact required to be
revealed in the application for a license.
(2) Been convicted of a crime. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere. Any action which the bureau is
permitted to take following the establishment of a conviction may be
taken 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.
(3) Done any act involving dishonesty, fraud, or deceit with the
intent to substantially benefit himself, herself, or another, or to
substantially injure another.
(4) Done any act which if done by a licensee would be grounds for
suspension or revocation of a license.
(5) Done any act without a license for which a license is required
under this chapter.
(6) Been refused a license under this chapter or had a license
revoked.
(7) Been an officer, partner, or manager of any person who has
been refused a license under this chapter or whose license has been
suspended or revoked.
The bureau may deny a license, certificate, or registration
pursuant to this section only if the crime or act is substantially
related to the qualifications, functions, or duties of the license,
certificate, or registration for which application has been made.
The denial of a license, certificate, or registration shall be in
writing and shall describe the basis for the denial. The denial
shall inform the applicant that if he or she desires a review by the
disciplinary review committee the review shall be requested within 30
days of the issuance of the denial. A review shall be held pursuant
to the provisions of Section 7591.19.
(b) Notwithstanding any other provision of this chapter, no person
shall be denied a license, certificate, or registration solely on
the basis that he or she has been convicted of a felony, if he or
she has obtained a certificate of rehabilitation pursuant to Chapter
3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the
Penal Code, or solely on the basis that he or she has been convicted
of a misdemeanor, if he or she has met all applicable requirements of
the criteria of rehabilitation as provided in Section 7591.12.
7591.11. The bureau shall deny a firearms permit, pursuant to
Section 12021 of the Penal Code, to any licensee, qualified manager,
or alarm agent who has been convicted of a felony, unless the felony
conviction has been reduced pursuant to Section 17 of the Penal Code
or the person has been pardoned by the Governor. The licensee,
qualified manager, or alarm agent shall not have a right to a review
or a hearing if the denial is made pursuant to this section.
7591.12. (a) When considering the denial, suspension, or revocation
of a license, certificate, or registration, for which application
has been made under this chapter, the chief, in evaluating the
rehabilitation of the applicant and his or her present eligibility
for a license, certificate, or registration shall consider all the
following criteria:
(1) The nature and severity of the act or crime under
consideration as grounds for denial.
(2) Total criminal record.
(3) Evidence of any act committed subsequent to the act or crime
under consideration as grounds for a denial, suspension, or
revocation which also could be considered as grounds for denial under
Section 7591.10.
(4) The time that has elapsed since commission of the act or crime
referred to in paragraph (1) or (2).
(5) The extent to which the applicant has complied with any terms
of parole, probation, restitution, or any other sanctions lawfully
imposed against the applicant.
(6) Evidence, if any, of rehabilitation submitted by the
applicant.
(b) When considering a petition for reinstatement of a license,
certificate, or registration, the chief shall evaluate evidence of
rehabilitation, considering those criteria of rehabilitation listed
in subdivision (a).
7591.17. The Governor shall appoint an Alarm Company Operator
Disciplinary Review Committee.
The disciplinary review committee shall consist of three members
who are actively engaged in business as licensed alarm company
operators and two public members. The committee shall meet every 60
days, or more or less frequently as may be required. The members
shall be paid per diem pursuant to Section 103 and shall be
reimbursed for actual travel expenses. The members shall serve at
the pleasure of the Governor.
7591.18. The Alarm Company Operator Disciplinary Review Committee
shall perform the following functions:
(a) Affirm, rescind, or modify all appealed decisions concerning
administrative fines assessed by the bureau against alarm company
operators or their employees.
(b) Affirm, rescind, or modify all appealed decisions concerning
denial, revocation, or suspension of licenses, and certificates,
registrations, or permits issued by the bureau, except denials or
suspensions ordered by the director in accordance with Chapter 5
(commencing with Section 11500) of Division 3 of Title 2 of the
Government Code.
7591.19. (a) An alarm company operator, qualified manager, or alarm
agent may request a review by the Alarm Company Operator
Disciplinary Review Committee to contest the assessment of an
administrative fine or to appeal a denial, revocation, or suspenison
unless the denial or suspension is ordered by the director in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code or in accordance with
Section 7591.8.
A request for a review shall be by written notice to the bureau
within 30 days of the issuance of the citation and assessment, denial
or suspension.
Following a review by the disciplinary review committee, the
appellant shall be notified within 30 days, in writing, by regular
mail, of the committee's decision.
If the appellant disagrees with the decision made by the Alarm
Company Operator Disciplinary Review Committee, he or she may request
a hearing as outlined in subdivision (b). A request for a hearing
following a decision by the disciplinary review committee shall be by
written notice to the bureau within 30 days of the committee's
decision.
If the appellant does not request a hearing within 30 days, the
review committee's decision shall become final.
(b) An alarm company operator, qualified manager, or alarm agent
may request a hearing in accordance with Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code if he or she contests an assessment of an administrative fine,
or to appeal a denial, suspension, or revocation. A hearing may also
be requested if the appellant disagrees with the decision made by
the Alarm Company Operator Disciplinary Review Committee.
A request for a hearing shall be by written notice to the bureau
within 30 days of the issuance of the decision by the review
committee. A hearing pursuant to this subdivision shall be available
only after a review by the disciplinary review committee.
7591.20. The disciplinary review committee shall be provided all
evidence used by the bureau in reaching its decision prior to hearing
an appeal.
7592. No person shall engage within this state in the activities of
an alarm company operator as defined in Section 7590.2, unless the
person holds a valid alarm company operator's license or is exempt
from the provisions of this chapter.
7592.2. Any person who violates any provision of this chapter, or
who conspires with another person to violate any provision of this
chapter, or who knowingly engages an unlicensed alarm company
operator after being notified in writing by the bureau of the alarm
company operator's unlicensed status with the bureau, is guilty of a
misdemeanor, and is punishable by a fine of one thousand dollars
($1,000), or by imprisonment in the county jail for not more than one
year, or by both such fine and imprisonment.
7592.3. Any person who engages in any business regulated by this
chapter, who acts as or represents himself or herself to be a
licensee under this chapter, who falsely represents that he or she is
employed by a licensee, or who carries a badge, identification card,
or business card, or uses a letterhead or advertises that he or she
is a licensee under this chapter, unless such person is licensed
under this chapter, is guilty of a misdemeanor, and is punishable by
a fine of one thousand dollars ($1,000), or by imprisonment in the
county jail for not more than one year, or by both such fine and
imprisonment.
7592.5. No person engaged in performing any service requiring a
license under this chapter may bring or maintain any action in any
court of this state for the collection of compensation for the
performance of any act or agreement, without alleging and proving,
that the person was duly licensed at all times during the performance
of the act or agreement.
7592.6. Any person who knowingly falsifies fingerprints or
photographs as required for any provisions of this chapter is guilty
of a felony.
7592.8. The provisions of this chapter shall not prevent the local
authorities of any city, county, or city and county, by ordinance and
within the exercise of the police power of the city, county, or
city and county from:
(a) Requiring alarm company operator licensees to meet the
requirements for and obtain a business permit.
(b) Requiring alarm agents or alarm company operators, or both, to
register their name and file a copy of their state issued
identification card with the city, county, or city and county. No
fee, other than a fee for a business license permit, may be charged
nor may any application be required by the city, county, or city and
county for that registration.
(c) Enacting ordinances governing false alarm activations and
responses.
(d) Requiring persons who own, lease, rent, or otherwise possess
an alarm system to obtain a permit to operate the alarm system.
7593. An application for an alarm company operator license shall be
made in writing to, and filed with, the chief in the form that may
be required by the director and shall be accompanied by the original
license fee prescribed by this chapter. The chief may require the
submission of any other relevant information, evidence, statements,
or documents.
Every application for an alarm company operator license shall
state, among other things that may be required, the name of the
applicant with the name under which the applicant will do business,
and the location by street and number, and city of the office of the
business for which the license is sought. 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 an operator's license, or the release of
information to law enforcement agencies or other governmental
agencies for other authorized purposes.
No license shall be issued in any fictitious name which may be
confused with or which is similar to any federal, state, county, or
municipal governmental function or agency or to any law enforcement
agency, or in any name which may tend to describe any business
function or enterprise not actually engaged in by the applicant.
7593.1. (a) Each individual applicant and each qualified manager,
partner of a partnership, and designated officers of a corporation
shall submit with the application, one personal identification form
provided by the chief upon which shall appear a photograph taken
within one year immediately preceding the date of the filing of the
application together with two legible sets of fingerprints, one set
of which shall be forwarded to the Federal Bureau of Investigation
for purposes of a background check, and personal description of each
such person, respectively. The identification form shall include
residence addresses and employment history for the previous five
years.
(b) 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.
7593.2. If the applicant for license is an individual, the
application shall state the full name of the individual, the full
residence address of the applicant, and that the applicant is to be
personally and actively in charge of the business for which the
license is sought; or if any other qualified manager is to be
actively in charge of the business, the application shall so state
and set forth the name of that person. The application shall be
subscribed, verified, and signed by the applicant, under penalty of
perjury.
7593.3. If the applicants for license are copartners, the
application shall state the true names and addresses of all the
general partners and the name of the partner to be actively in charge
of the business for which the license is sought; or if a qualified
manager other than a partner is to be actively in charge of the
business then the application shall state the name and address of
that person. The application shall be subscribed, verified, and
signed under penalty of perjury by all of the general partners.
7593.4. If the applicant for license is a corporation, the
application shall state the true names and complete residence
addresses of the chief executive officer, secretary, chief financial
officer, and any other corporate officer who will be active in the
business to be licensed. A copy of the articles of incorporation
issued by the Secretary of State shall be supplied to the bureau upon
request. The application shall also state the name and address of
the designated person to be actively in charge of the business for
which the license is sought. The application shall be subscribed,
verified, and signed by a duly authorized officer of the applicant
under penalty of perjury.
7593.6. The director may refuse to issue a license to any applicant
pending final disposition of any investigation of criminal activity
or of any disciplinary action previously filed against the person or
applicant or against any qualified manager, partner, or officer of
the applicant.
A new alarm company operator license, qualified manager
certificate, or alarm agent registration shall be subject to payment
of any and all fines assessed pursuant to this section and not
resolved in accordance with the provisions of this section and
payment of all applicable fees.
7593.7. The chief shall issue a pocket identification card to the
owner, partners, officers, and qualified manager. The chief shall
determine the form and content of the card. A photo identification
card will be furnished to any owner, partner, officer, qualified
manager, or branch office manager upon written request and payment of
the fee prescribed by this chapter.
7593.8. The director shall issue a license, the form and content of
which shall be determined in accordance with Section 164. In
addition, the director shall issue a "Certificate of Licensure" to
any licensee, upon request, with the fee prescribed in this chapter.
A "certificate of licensure" shall include an embossed seal of the
State of California and the signature of the chief or his or her
designated representative.
7593.9. Each alarm company operator license, together with the
current renewal certificate, if any, shall at all times be
conspicuously displayed at the place of business for which the
license is issued.
7593.11. An alarm company operator license issued under this
chapter expires two years following the date of issuance or on the
assigned renewal date. Every alarm company operator issued a license
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
license 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 licensure following
January 1, 1997, and to prorate the required license fee in order to
implement this cyclical renewal. To renew an unexpired license or
certificate, the licensee shall apply for renewal on a form
prescribed by the director, pay all fines assessed pursuant to
Section 7591.9 and not resolved in accordance with the provisions of
that section, and pay the renewal fee. On renewal, evidence of
renewal of the license or certificate that the director may prescribe
shall be issued to the licensee. The bureau shall send to each
licensee a notice of renewal at least 45 calendar days prior to the
expiration of each license.
7593.12. An alarm company operator's license not renewed within
three years following its expiration may not be renewed thereafter.
Renewal of the license within one year, or issuance of an original
license thereafter, shall be subject to payment of any and all fines
assessed pursuant to Section 7591.9 and not resolved in accordance
with the provisions of that section and payment of all applicable
fees.
7593.13. A suspended alarm company operator license is subject to
expiration and shall be renewed as provided in this article, but
renewal of the license does not entitle the licensee, while the
license remains suspended and until it is reinstated, to engage in
the licensed activity, or in any other activity or conduct in
violation of the order or judgment by which the license was
suspended.
7593.14. An alarm company operator whose license has been canceled
pursuant to this article, may obtain a new license only upon
compliance with all of the provisions of this chapter relating to the
issuance of an initial license.
7594. A licensee desiring to operate an alarm company operator
business under one or more fictitious trade names shall apply and
qualify for an initial license for each fictitious trade name.
No licensee shall indicate, or cause to be indicated, in any
printed matter, or in any directory or listing, that he or she
conducts an alarm company operator business under any name, other
than the name for which he or she is licensed.
An application for a license for an additional trade name shall be
in the same form and the applicant shall meet the same requirements
as for an initial license.
7594.1. A licensee desiring to operate an alarm company operator
business at a location other than the principal place of business as
shown on the license shall apply for a branch office registration
for each additional location as set forth in this chapter.
7594.2. Every licensed business, including registered branch
offices, shall be under the active charge of a qualified manager.
Every licensed registered branch office shall be managed by a
designated branch office manager as set forth in this chapter.
7594.3. (a) Whenever a qualified manager ceases to be in active
charge of the business, the license shall be automatically suspended
within 30 days unless the licensee notifies the bureau within the
30-day period of such cessation.
(b) Whenever a designated branch office manager ceases management
of a registered branch office, the branch office registration shall
be automatically suspended within 30 days unless the qualified
manager notifies the bureau within the 30-day period of such
cessation.
(c) If the notice of cessation is filed timely, the license or
branch office registration shall remain in force for a period of 90
days after cessation or for an additional period, not to exceed one
year, as specified by the director. After the 90-day period or
additional period, as approved by the director, the license or branch
office registration shall be automatically suspended, unless the
bureau receives written notification that the license is under the
active charge of a qualified manager or that a branch office manager
has been designated.
A license or branch office registration suspended under this
section may be reinstated only upon the filing of an application for
reinstatement, payment of the reinstatement fee, and the
qualification of a manager as provided by this chapter.
A person who performs any act for which an alarm company operator
license is required during the period of a suspension is subject to
the penal provisions of Article 3 (commencing with Section 7592), in
addition to any other provisions of this chapter.
(d) In case of the death of a person licensed as an individual, a
member of the immediate family of the deceased licensee shall be
entitled to continue the business under the same license for 120 days
following the death of the licensee, provided that written
notification is made to the bureau within 30 days following the death
of the licensee. At the end of the 120-day period, the license
shall be automatically canceled. If no request is received within
the 30-day period, the license shall be automatically canceled at the
end of that period.
(e) In the case of the death or disassociation of a partner of an
entity licensed as a partnership, the licensee shall notify the
bureau, in writing, within 30 days from the death or disassociation
of the individual. If notice is given, the license shall remain in
force for 90 days following the death or disassociation. At the end
of such period the license shall be automatically canceled. If the
licensee fails to notify the bureau within the 30-day period, the
license shall be automatically canceled.
7594.4. Except as herein otherwise provided, no individual shall be
in active charge of the business if the individual has ever had a
license revoked for cause or has ever been disqualified from further
employment in the alarm company operator business pursuant to this
chapter, or was a qualified manager, partner, or officer of a
business whose license has been revoked.
7594.5. (a) The business of each licensee shall be operated under
the active direction, control, charge, or management, in this state,
of the licensee, if he or she is qualified, or the person who is
qualified and certified to act as the licensee's manager, if the
licensee is not qualified.
(b) The individual deemed to be actively in charge of the business
shall be the qualified manager, as defined in this chapter, and the
certificate of the qualified manager shall be prominently displayed
below the alarm company operator's license. Such individual shall
share equally with the licensee the responsibility for compliance
with this chapter.
(c) The director may assess fines for any violations as enumerated
in this article, pursuant to Section 7591.9. Fines may be assessed
against an alarm company operator's license or a qualified manager's
certificate, or both, as deemed appropriate by the director.
(d) Assessment of the 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.
7594.6. The designated branch office manager shall spend an average
of 51 percent of the usual business hours in the conduct of the
business at the registered branch office location under the active
management and supervision of the qualified manager.
7596. Every person licensed, registered, or designated under this
chapter, who in the course of his or her employment carries a
firearm, shall complete a course of training in the carrying and use
of firearms and shall receive a firearms qualification card prior to
the carrying of such a firearm and shall complete a course in the
exercise of the powers to arrest. A registration card issued by the
bureau pursuant to Section 7598.14 may also serve as a firearms
qualification card if so indicated on the face of the card.
7596.3. The director shall issue a firearms permit when all of the
following conditions exist:
(a) The applicant is a licensee, a qualified manager of a
licensee, a designated branch office manager of a licensee, or a
registered alarm agent.
(b) The applicant has filed with the bureau a classifiable
fingerprint card, a completed application for a firearms permit on a
form prescribed by the director, dated and signed by the applicant,
certifying under penalty of perjury that the information in the
application is true and correct.
(c) A certified firearms training instructor certifies that the
applicant has successfully completed the bureau-approved training
course in the carrying and use of firearms.
(d) The applicant has provided the bureau with evidence that the
applicant has completed a course in the exercise of the powers to
arrest.
(e) The bureau has determined, after investigation, that the
carrying and use of a firearm by the applicant, in the course of his
or her duties, presents no apparent threat to the public safety, or
the carrying and use of a firearm by the applicant is not in
violation of the Penal Code.
(f) The applicant has produced evidence to the firearm training
facility that he or she is a citizen of the United States or has
permanent legal alien status in the United States. Evidence of
citizenship or permanent legal alien status shall be that deemed
sufficient by the bureau to ensure compliance with federal laws
prohibiting possession of firearms by persons unlawfully in the
United States and may include, but not be limited to, Department of
Justice, Immigration and Naturalization Service Form I-151 or I-551,
Alien Registration Receipt Card, naturalization documents, or birth
certificates evidencing lawful residence or status in the United
States.
(g) The application is accompanied by the fee prescribed in this
chapter.
7596.4. If a firearms permit is denied, the denial of the permit
shall be in writing and shall describe the basis for the denial.
The denial shall inform the applicant that if he or she desires a
review by the Alarm Company Operator Disciplinary Review Committee or
a hearing to contest the denial, the review or hearing shall be
requested within 30 days of the issuance of the denial.
A review or hearing shall be held pursuant to Section 7591.19.
However, no review or hearing shall be granted to an individual who
is otherwise prohibited by law from carrying a firearm.
7596.5. The firearms qualification card shall be mailed to the
applicant at the address which appears on the application. 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.
7596.6. A firearms qualification card does not authorize the holder
thereof to carry a pistol, revolver, or other firearm capable of
being concealed upon the person in a concealed manner pursuant to
Section 12050 of the Penal Code.
7596.7. A firearms qualification card expires two years from the
date of issuance, if not renewed. A person who wishes to renew a
firearms qualification card shall file an application for renewal at
least 60 days prior to the card's expiration. A person whose card
has expired shall not carry a firearm until he or she has been issued
a renewal card by the bureau.
The director shall not renew a firearms qualification card unless
all of the following conditions exist:
(a) The cardholder has filed with the bureau a completed
application for renewal of a firearms qualification card, on a form
prescribed by the director, dated and signed by the applicant under
penalty of perjury certifying that the information on the application
is true and correct.
(b) The application is accompanied by a firearms requalification
fee as prescribed in this chapter.
(c) The applicant has requalified on the range and has
successfully passed a written examination based on course content as
specified in the firearms training manual approved by the department
and taught at a training facility approved by the bureau.
(d) During calendar year 1985, the applicant has produced evidence
to the firearm training facility, either upon receiving his or her
original qualification card or upon filing for renewal of that card,
that he or she is a citizen of the United States or has permanent
legal alien status in the United States. Such evidence of
citizenship or permanent legal alien status is that deemed sufficient
by the bureau to ensure compliance with federal laws prohibiting
possession of firearms by persons unlawfully in the United States and
may include, but not be limited to, Department of Justice,
Immigration and Naturalization Service Form I-151 or I-551, Alien
Registration Receipt Card, naturalization documents, or birth
certificates evidencing lawful residence or status in the United
States.
(e) An expired firearms qualification card may not be renewed. A
person with an expired firearms qualification card is required to
apply for a new card in the manner required of persons not previously
registered. A person whose card has expired shall not carry a
firearm until he or she has been issued a new firearms qualification
card by the bureau.
7596.8. (a) Effective October 1, 1993, the bureau shall not issue a
firearm permit if the applicant is prohibited from possessing,
receiving, owning, or purchasing a firearm pursuant to Section 12021
or 12021.1 of the Penal Code or Section 8100 or 8103 of the Welfare
and Institutions Code.
(b) Before issuing an initial firearm permit the bureau shall
provide the Department of Justice with the name, address, social
security number, and fingerprints of the applicant.
(c) The Department of Justice shall inform the bureau, within 60
days from receipt of the information specified in subdivision (b), of
the applicant's eligibility to possess, receive, purchase, or own a
firearm pursuant to Section 12021 or 12021.1 of the Penal Code or
Section 8100 or 8103 of the Welfare and Institutions Code.
(d) An applicant who has been denied a firearm permit based upon
subdivision (a) may reapply for the permit after the prohibition
expires. The bureau shall treat this application as an initial
application and shall follow the required screening process as
specified in this section.
7596.81. (a) Effective October 1, 1993, the bureau shall not renew
a firearm permit if the applicant is prohibited from possessing,
receiving, purchasing, or owning a firearm pursuant to Section 12021
or 12021.1 of the Penal Code or Sections 8100 or 8103 of the Welfare
and Institutions Code.
(b) Before renewing a firearm permit, the bureau shall provide the
Department of Justice with the information necessary to identify the
renewal applicant. No firearm permit shall be renewed if the
expiration date of the permit is between October 1, 1993, and October
1, 1994, unless the application for renewal is also accompanied by a
classifiable fingerprint card and the fingerprint processing fees
for that card.
(c) The Department of Justice shall inform the bureau, within 30
days of receipt of the information specified in subdivision (b), of
the renewal applicant's eligibility to possess, receive, purchase, or
own a firearm pursuant to Sections 12021 and 12021.1 of the Penal
Code and Sections 8100 and 8103 of the Welfare and Institutions Code.
(d) An applicant who is denied a firearm permit renewal based upon
subdivision (a) may reapply for the permit after the prohibition
expires. The bureau shall treat this as an initial application and
shall follow the screening process specified in Section 7596.8.
7596.82. (a) The Department of Justice may charge the bureau a fee
sufficient to reimburse the department's costs for furnishing firearm
eligibility information upon submission of the application for
issuance or renewal of a firearm permit. The fee charged shall not
exceed the actual costs for system development, maintenance, and
processing necessary to provide this service.
(b) The bureau shall collect the fee described in subdivision (a)
for all initial and renewal applications for firearm permits.
7596.83. A firearm permit shall be automatically revoked if at any
time the Department of Justice notifies the bureau that the holder of
the firearm permit is prohibited from possessing, receiving, or
purchasing a firearm pursuant to Sections 12021 and 12021.1 of the
Penal Code or Sections 8100 and 8103 of the Welfare and Institutions
Code. Following the automatic revocation, an administrative hearing
shall be provided upon written request to the bureau in accordance
with Chapter 5 (commencing with Section 11500) of Part 1 of Division
3 of Title 2 of the Government Code.
7596.12. Every person licensed, registered, or designated under
this chapter, who in the course of his or her employment carries tear
gas, or any other nonlethal chemical agent, shall complete the
course required pursuant to Section 12403.5 of the Penal Code.
7596.13. A licensee shall not permit any employee to carry tear
gas, or any other nonlethal chemical agent, prior to ascertaining
that the employee is proficient in the use of tear gas or other
nonlethal chemical agent. Evidence of proficiency shall include a
certificate from a POST-approved or Department of Justice-approved
training facility that the person is proficient in the use of tear
gas or other nonlethal chemical agent.
7597. 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.
7597.1. (a) No licensee, qualified manager, branch office manager,
or alarm agent shall carry, use, or possess a loaded or unloaded
firearm in the course and scope of his or her employment, whether or
not it is serviceable or operative, unless he or she has in his or
her possession a valid and current firearms qualification card issued
to him or her by the bureau. The card shall be shown to any peace
officer or bureau representative upon demand.
(b) Subdivision (a) shall not apply to a duly appointed peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, who meets all of the following:
(1) He or she has successfully completed a course of study in the
use of firearms.
(2) He or she is authorized to carry a concealed firearm in the
course and scope of his or her employment pursuant to subdivision (a)
of Section 12027 of the Penal Code.
(3) He or she has proof that he or she has applied to the bureau
for a firearms qualification card.
(c) A fine of twenty-five dollars ($25) may be assessed for the
first violation of this section and a fine of one hundred dollars
($100) for each subsequent violation.
7597.2. No licensee, qualified manager, branch office manager, or
alarm agent shall carry any inoperable, replica, or other simulated
firearm.
A violation of this section shall result in a fine of twenty-five
dollars ($25) for the first violation and a fine of one hundred
dollars ($100) for each subsequent violation.
7597.3. No licensee, qualified manager, branch office manager, or
alarm agent shall use a firearm which is in violation of law, or in
knowing violation of the standards for carrying and usage of
firearms, as taught in the course of training in the carrying and use
of firearms, including, but not limited to:
(a) Illegally using, carrying, or possessing a dangerous weapon.
(b) Brandishing a weapon.
(c) Drawing a weapon without proper cause.
(d) Provoking a shooting incident without cause.
(e) Carrying or using a firearm while on duty under the influence
of alcohol or dangerous drugs.
(f) Carrying or using a firearm of a caliber for which a bureau
firearms permit has not been issued.
A fine of one hundred dollars ($100) may be assessed for the first
violation of this section and a fine of five hundred dollars ($500)
for each subsequent violation.
7597.5. No licensee, qualified manager, branch office manager, or
alarm agent shall carry or use tear gas or any other nonlethal
chemical agent in the performance of his or her duties, unless he or
she has in his or her possession proof of completion of a course in
the carrying and use of tear gas or other nonlethal chemical agent.
A fine of twenty-five dollars ($25) may be assessed for the first
violation of this section and a fine of one hundred dollars ($100)
for each subsequent violation.
7597.6. (a) No licensee, qualified manager, branch office manager,
or alarm agent shall carry a pistol, revolver, or other firearm
capable of being concealed upon the person in a concealed manner
unless one of the following circumstances apply:
(1) The person has been issued a permit to carry that firearm in a
concealed manner by a local law enforcement agency pursuant to
Section 12050 of the Penal Code.
(2) The person is an honorably retired peace officer authorized to
carry a concealed firearm pursuant to subdivision (a) or (i) of
Section 12027 of the Penal Code.
(3) The person is a duly appointed peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, who is authorized to carry a concealed firearm in the
course and scope of his or her employment pursuant to subdivision (a)
of Section 12027 of the Penal Code.
(b) A fine of five hundred dollars ($500) may be assessed for each
violation of subdivision (a).
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