Locksmith

BUSINESS AND PROFESSIONS CODE                                            Complete Law
SECTION 6980.10-6980.15

Application of Chapter

6980.10. 
(a) No person shall engage within this state in the activities of a locksmith as defined in subdivision(j) of Section 6980, unless the person holds a valid locksmith license, is registered pursuant to the provisions of
this chapter, or is exempt from the provisions of this chapter.

(b) Any person who does any of the following is guilty of a misdemeanor, punishable by a fine of ten
thousand dollars ($10,000), or by imprisonment in a county jail for not more than one year, or by both that
fine and imprisonment:
   (1) Acts as or represents himself or herself to be a licensee under this chapter when that person is not a
licensee under this chapter.
   (2) Falsely represents that he or she is employed by a licensee under this chapter when he or she is not
employed by a licensee under this chapter.
   (3) Carries a badge, identification card, or business card, indicating that he or she is a licensee under
 this chapter when he or she is not a licensee under this chapter.
   (4) Uses a letterhead or other written or electronically generated materials indicating that he or she is a
licensee under this chapter when he or she is not a licensee under this chapter.
   (5) Advertises that he or she is a licensee under this chapter when he or she is not a licensee under this
chapter.
(c) A proceeding to impose the fine specified in subdivision (b)may be brought in any court of competent
jurisdiction in the name of the people of the State of California by the Attorney General or by any district
attorney or city attorney, or with the consent of the district attorney, the city prosecutor in any city or city
and county having a full-time city prosecutor for the jurisdiction in which the violation occurred. If the
action is brought by the district attorney, the penalty collected shall be paid to the treasurer of the county in
which the judgment is entered. If the action is brought by a city attorney or city prosecutor, one-half of the
penalty collected shall be paid to the treasurer of the city in which the judgment was entered and one-half
to the treasurer of the county in which the judgment was entered. If the action is brought by the Attorney
General, all of the penalty collected shall be deposited in the Private Security Services Fund.



6980.12.  This chapter does not apply to the following persons:
   (a) Any person, or his or her agent or employee, who is the manufacturer of a product, other than locks
and keys, and who installs, repairs, opens, or modifies locks or who makes keys for the locks of that
product as a normal incident to its marketing.
   (b) Employees who are industrial or institutional locksmiths, provided that the employees provide
locksmith services only to a single employer that does not provide locksmith services for hire to the public
for any consideration or compensation whatsoever.
   (c) Tow truck operators who do not originate keys for locks and whose locksmith services are limited to
opening motor vehicles.
   (d) Any person employed exclusively and regularly by a state correctional institution, or other state or
federal agency, and who does not provide locksmith services for hire to the public for any consideration
or compensation whatsoever.
   (e) Any person registered with the bureau pursuant to Chapter 11(commencing with Section 7500) if the
duties of that person's position that constitute locksmithing are ancillary to the primary duties and functions
of that person's position.
   (f) Any agent or employee of a retail establishment that has a primary business other than providing
locksmith services, providing all of the following criteria are met:
   (1) The services provided by the retail establishment are limited to rekeying and recombination of locks.
   (2) All rekeying, recombination, and installation of locks must take place on the premises of the retail
establishment.
   (3) All rekeying, recombination, and installation services provided by the retail establishment subject to
this chapter are limited to locks purchased on the retail establishment's premises and are conducted prior
to purchasers taking possession of the locks.
   (4) No unlicensed agent or employee of the retail establishment shall advertise or represent himself or
herself to be licensed under this chapter, and no agent or employee of the retail establishment shall
advertise or represent himself or herself to be a locksmith.
   (5) No agent or employee of the retail establishment shall design or implement a master key system, as
defined in subdivision (o) of Section 6980.
   (6) No agent or employee of the retail establishment shall rekey, change the combination of, alter, or
install any automotive locks.
   (7) The retail establishment shall not have on its premises any locksmith tool, as defined in subdivision
(s) of Section 6980, other than the following:
   (A) Standard key duplication machines.
   (B) Key blanks.
   (C) Pin kits.
   (g) Any law enforcement officer employed by any city, county, city and county, state, or federal law
enforcement agency, if all services are performed during the course of the officer's professional duties.
   (h) Firefighters or emergency medical personnel employed by any city, county, city and county, district,
or state agency, if all services are performed during the course of duties as a firefighter or emergency
medical person.
   (i) A new motor vehicle dealer, as defined in Section 426 of the Vehicle Code, and employees of a new
motor vehicle dealer acting within the scope of employment at a dealership.



6980.13. 
(a) 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 a nonexempt or unlicensed locksmith after being
notified in writing by the bureau of the individual's unlicensed status with the bureau, is guilty of a
misdemeanor, punishable by a fine of ten thousand dollars ($10,000), or by imprisonment in a county jail
for not more than one year, or by both that fine and imprisonment, except as otherwise provided in this
chapter.
   (b) A proceeding to impose the fine specified in subdivision (a) may be brought in any court of
competent jurisdiction in the name of the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the district attorney, the city prosecutor in any
city or city and county having a full-time city prosecutor for the jurisdiction in which the violation occurred
. If the action is brought by the district attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by a city attorney or city prosecutor, one
-half of the penalty collected shall be paid to the treasurer of the city in which the judgment was entered
and one-half to the treasurer of the county in which the judgment was entered. If the action is brought by
the Attorney General, all of the penalty collected shall be deposited in the Private Security Services Fund.
   (c) Any person who is convicted of a violation of this section or Section 6980.10 shall not be issued a
license for a period of one year following a first conviction and shall not be issued a license for a period
of five years following a second or subsequent conviction of this section or Section 6980.10 or any
combination of those sections.
   (d) It is the intent of the Legislature that the prosecuting officer of any county or city shall prosecute all
 violations of this chapter occurring within his or her jurisdiction.



6980.14. 
(a) The superior court in and for the county where any person has engaged or is about to engage in any act
that constitutes a violation of this chapter, or where any person engages in the business of a locksmith after
the revocation or expiration of any license or during the period of suspension of any license, may, upon
application of the chief or any person licensed under these provisions or any association representing those
licensees or any member of the general public, issue an injunction or other appropriate order restraining
this conduct and may impose civil fines not exceeding ten thousand dollars ($10,000). The proceedings
under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of
the Code of Civil Procedure, except that there shall be no requirement to allege facts necessary to show or
tending to show lack of adequate remedy at law or irreparable injury.
   (b) During the period of revocation, expiration, or suspension, any business telephone number used to
conduct, direct, operate, dispatch, manage, or utilize an illegal, nonexempt, or unlicensed locksmith
business, locksmith service, service provider, or related activity, may be disconnected by ruling of the
chief.
   (c) The superior court for the county in which any person has engaged in any act that constitutes a
 violation of this chapter may, upon a petition filed by the chief with the approval of the director, order this
person to make restitution to persons injured as a result of the violation.
   (d) The court may order a person subject to an injunction or restraining order, provided for in
subdivision (a), or subject to an order requiring restitution pursuant to subdivision (c), to reimburse the
bureau for expenses incurred by the bureau in its investigation related to its petition.
   (e) A proceeding to impose the fine specified in subdivision (a) and enjoin the unlicensed operation may
be brought in any court of competent jurisdiction in the name of the people of the State of California by the
Attorney General or by any district attorney or city attorney, or with the consent of the district attorney, the
city prosecutor in any city or city and county having a full-time city prosecutor for the jurisdiction in which
the violation occurred. If the action is brought by the district attorney, the penalty collected shall be paid to
the treasurer of the county in which the judgment is entered. If the action is brought by a city attorney or city
prosecutor, one-half of the penalty collected shall be paid to the treasurer of the city in which the judgment
was entered and one-half to the treasurer of the county in which the judgment was entered. If the action is
brought by the Attorney General, all of the penalty collected shall be deposited in the Private Security
Services Fund.
   (f) The remedy provided for by this section shall be in addition to any other remedy provided for in this
chapter.



6980.15. 
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.

 

California Locksmith License Law

BUSINESS AND PROFESSIONS CODE
SECTION 6980.53-6980.69

Conduct of Business

6980.53. 
A locksmith licensed by the bureau shall be subject to the provisions of Sections 466.6 and 466.8 of the Penal Code requiring verification of identification of clients and maintenance of work orders containing required client information. A copy of each work order completed pursuant to Sections 466.6 and 466.8 of the Penal Code shall be retained for two years, shall include the name and license number of the locksmith performing the service, and shall be open to inspection by the bureau or any peace officer during business hours or submitted to the bureau upon request.

6980.54. 
   (a) A locksmith licensed by the bureau shall be subject to the provisions of Section 466.6 of the Penal Code, and shall be able to duplicate any key for any vehicle from another key.

   (b) A locksmith licensed by the bureau shall be subject to the provisions of Section 466.8 of the Penal Code, and shall be able to duplicate any key for a residence, commercial establishment, or personal property from another key, except as follows:
      (1) Duplication is prohibited when a key is stamped, imprinted, marked, or incised with the wording
 "Do Not Duplicate" or "Unlawful To Duplicate" and includes the originator's company name and telephone number.
      (2) Duplication is prohibited when a key is a Restricted Key or a High Security Key and includes the originator's company name and telephone number or registration number.

6980.55. 
   (a) Any locksmith who knowingly and willfully opens any residence, or commercial establishment for another by any method involving an on-site inspection of a door or entrance, whether or not for compensation, shall obtain the street address of the residence or commercial establishment, and the signature of the person for whom the residence or commercial establishment was opened on a work order
form. The following information regarding the person requesting entry to the residence or commercial property shall be recorded on a work order form:
   (1) Name.
   (2) Address.
   (3) Telephone Number.
   (4) Date of Birth.
   (5) Driver's license or identification number.
A copy of each work order form shall be retained for two years, shall include the name and license number of the locksmith performing the service, and shall be open for inspection by any peace officer or by the bureau during business hours or submitted to the bureau upon request.

   (b) Any locksmith who makes keys capable of opening a motor vehicle or personal property registered under the Vehicle Code for another by any method, whether or not for compensation, shall obtain the name, date of birth, and driver's license number or identification number of the person requesting entrance, and the registration or identification number of the vehicle or personal property registered under the Vehicle Code for which entrance is requested. This information together with the date the service was performed, and the signature of the person requesting entrance, shall be set forth on a work order. A copy of each work order form shall be retained for two years, shall include the license number of the locksmith performing the service, and shall be open for inspection by a peace officer or by the bureau during business hours or submitted to the bureau upon request.

6980.58. 
A licensee shall at all times be responsible for those actions of his or her employees performed in violation of this chapter, when acting within the course and scope of his or her employment.

6980.59. 
   (a) A licensee shall notify the bureau within 30 days of any change of its officers required to be named pursuant to Section

6980.21
and of the addition of any new partners. Applications, on forms prescribed by the director, shall be submitted by all new officers and partners. The director may deny the application of a new officer or partner if the director determines that the officer or partner has committed any act which constitutes grounds for the denial of a license pursuant to Section 6980.71.
   (b) A Notice of Warning shall be issued for the first violation of this section. Thereafter, the director shall assess a fine of five hundred dollars ($500) for each subsequent violation of this section.

6980.60. 
No licensee or employee shall conduct business from any location other than the location for which a license or branch office registration was issued.

6980.61. 
No licensee shall conduct a business as an individual, partnership, or corporation, unless the licensee holds a valid license issued to the same individual, partnership, or corporation.

6980.62. 
   (a) 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 of employment when an employee is terminated. The files and records, 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.
   (b) A licensee shall 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.

6980.63. 
Within seven 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, pursuant to Section 6980.42, after employing an individual who does not possess a current and valid registration from the bureau.

6980.64.
   (a) Every advertisement by a licensee soliciting or advertising business shall contain his or her business name, business address, or business telephone number, and license number as they appear in the records of the bureau.
   (b) For the purpose of this section, "advertisement" includes any business card, stationery, brochure, flyer, circular, newsletter, fax form, printed or published paid advertisement in any media form, directory listing, or telephone book listing.
   (c) The director may assess a fine of five hundred dollars ($500) for the first violation of this section and one thousand dollars ($1,000) for each subsequent violation. These fines shall be deposited in the Private Security Services Fund.

6980.65. 
No licensee or person shall aid and abet an unlicensed or nonexempt locksmith in any activity for which a license is required. For purposes of this section, to aid or abet includes, but is not limited to, the falsification of documents or facilitation of the acquisition of locksmith tools. Any licensee or person found in violation of this section shall be subject to Section 6980.14. A person shall not be subject to this section if he or she reasonably relied on a copy of a license, registration, pocket registration, or pocket identification card.

6980.68.
No licensee shall willfully or deliberately disregard any building or safety laws of the state or any political subdivision thereof.

6980.69.
No licensee shall fail in any material respect to complete the installation, repair, opening, or modification of a lock for the price stated in the contract for services.

 

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