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California
Locksmiths License Law
California Locksmiths must have a license as described in the Business and
professions code. Back to Law index CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE
SECTION 6980
6980. The following terms as used in this chapter have the meaning expressed
in this article: (b) "Bureau" means the Bureau of Security and Investigative Services. (c) "Chief" means the Chief of the Bureau of Security and Investigative Services. (d) "Department" means the Department of Consumer Affairs. (e) "Director" means the Director of the Department of Consumer Affairs. (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. An independent contractor is not an employee pursuant to this chapter. (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) "Locksmith" means any person who, for any consideration whatsoever, engages, directly or indirectly and as a primary or secondary object, in the business of rekeying, installing, repairing, opening, modifying locks, or who originates keys for locks. A "locksmith" does not mean any person whose activities are limited to making a duplicate key from an existing key. (k) "Person" means any individual, firm, company, association, organization, partnership, or corporation. (l) "Registrant" means an employee registered pursuant to the provisions of this chapter. (m) "Lock" means any mechanical, electromechanical, electronic, or electromagnetic device, or similar device, including any peripheral hardware, that is designed to control access from one area to another, or that is designed to control the use of a device. (n) "Recombination" means changing the combination of any combination-actuated lock. (o) "Master key system" means any system in which a lock is rekeyed so that the lock can be operated by its own individual key and can also be operated by a key that can operate other locks if the other locks cannot be operated with the lock's individual key. (p) "Key duplication machine" means any tool whose only capability is to manufacture a new key by using an existing key as a guide. (q) "Key blank" means a key that has not been altered or cut and does not include depth keys.
(r) "Pin kit" means a container that holds only the following lock parts
and materials: (s) "Locksmith tool" means (1) any tool designed for the purpose of opening, bypassing, altering, rekeying, servicing, or repairing any lock, or (2) any burglar tool, as described in Section 466 of the Penal Code. 6980.10. 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.
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. (c) Tow truck operators who do not originate keys for locks and whose locksmith services are limited to motor vehicles. (d) Any person employed exclusively and regularly by a state correctional institution. (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: (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. 6980.13. 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 locksmith after being notified in writing by the bureau of the individual's unlicensed status with the bureau, is guilty of a misdemeanor. 6980.14. 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 a county jail for not more than one year, or by both that fine and imprisonment. 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 CODES
CALIFORNIA CODES 6980.53. (a) 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. (b) Nothing in this section shall be construed to prohibit the duplication of any key for a residence, commercial establishment, or personal property registered under the Vehicle Code from another key. 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 licensee shall, within 30 days after such change, notify the bureau of any change of its officers required to be named pursuant to Section 6980.21. Applications, on forms prescribed by the director, shall be submitted by all new officers. The director may deny the application of a new officer if the director determines that the officer has committed any act which constitutes grounds for the denial of a license pursuant to Section 6980.71. 6980.60. No licensee 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. 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. 6980.65. No licensee shall aid and abet an unlicensed locksmith in any activity for which a license is required. 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.Everett L. Dobbs email: Everett@leedobbs.com Home page: Lee Dobbs Locksmith
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