2005 California Business and Professions Code Sections 7582-7582.28 Article 3. Regulation, Licensing, and Registration

7582.  No person shall engage in a business regulated by this
chapter; act or assume to act as, or represent himself or herself to
be, a licensee unless he or she is licensed under this chapter; and
no person shall falsely represent that he or she is employed by a
licensee.
7582.05.  (a) Notwithstanding any other provision of law, any person
engaging in a business as a private patrol operator who violates
Section 7582 is guilty of an infraction subject to the procedures
described in Sections 19.6 and 19.7 of the Penal Code under either of
the following circumstances:
   (1) A complaint or a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2 of
the Penal Code is filed in court charging the offense as an
infraction unless the defendant, at the time he or she is arraigned,
after being advised of his or her rights, elects to have the case
proceed as a misdemeanor.
   (2) The court, with the consent of the defendant and the
prosecution, determines that the offense is an infraction in which
event the case shall proceed as if the defendant has been arraigned
on an infraction complaint.
   (b) This section does not apply to a violation of Section 7582 if
the defendant has had his or her license previously revoked or
suspended.
   (c) Notwithstanding any other provision of law, a violation of
Section 7582, which is an infraction, is punishable by a fine of one
thousand dollars ($1,000).  No portion of the fine may be suspended
by the court unless as a condition of that suspension the defendant
is required to submit proof of a current valid license for the
profession of private patrol operator which was the basis for his or
her conviction.
7582.1.  (a) A private patrol operator, or operator of a private
patrol service, within the meaning of this chapter is a person, other
than an armored contract carrier, who, for any consideration
whatsoever:
   Agrees to furnish, or furnishes, a watchman, guard, patrolperson,
or other person to protect persons or property or to prevent the
theft, unlawful taking, loss, embezzlement, misappropriation, or
concealment of any goods, wares, merchandise, money, bonds, stocks,
notes, documents, papers, or property of any kind; or performs the
service of a watchman, guard, patrolperson, or other person, for any
of these purposes.
   (b) A person licensed as a private patrol operator only may not
make any investigation or investigations except those that are
incidental to 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, guard,
or watch.
   (c) An armored contract carrier within the meaning of this chapter
is a contract carrier operating armored vehicles pursuant to
California Highway Patrol and  Public Utilities Commission authority.
   (d) An armored vehicle guard within the meaning of this chapter is
any person employed by an armored contract carrier who in the course
of that employment carries a deadly weapon.
   (e) A security guard or security officer, within the meaning of
this chapter, is an employee of a private patrol operator, or an
employee of a lawful business or public agency who is not exempted
pursuant to Section 7582.2, who performs the functions as described
in subdivision (a) on or about the premises owned or controlled by
the customer of the private patrol operator or by the guard's
employer or in the company of persons being protected.
   (f) A street patrolperson, within the meaning of this chapter, is
a security guard or security officer employed by a private patrol
operator who performs the functions described in subdivision (a) by
street patrol service utilizing foot patrol, motor patrol, or other
means of transportation in public areas, streets or public
thoroughfares in order to serve multiple customers.  "Street
patrolperson" does not include management or supervisory employees of
the private patrol operator moving from one customer location to
another to inspect personnel or security guard or security officers.
7582.2.  This chapter does not apply to the following:
   (a) A person who does not meet the requirements to be a
proprietary private security officer, as defined in Section 7574.1,
and is employed exclusively and regularly by any employer who does
not provide contract security services for other entities or persons,
in connection with the affairs of the employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon in the performance of his or her
duties. For purposes of this subdivision, "deadly weapon" is defined
to include 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 and any metal pipe or bar used or intended to be used as a
club.
   (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, provided the part-time employment does
not exceed 50 hours in any calendar month.
   (c) A person engaged exclusively in the business of obtaining and
furnishing information as to the financial rating of persons.
   (d) A charitable philanthropic society or association duly
incorporated under the laws of this state that is organized and
maintained for the public good and not for private profit.
   (e) Patrol special police officers appointed by the police
commission of any city, county, or city and county under the express
terms of its charter who also under the express terms of the charter
(1) are subject to suspension or dismissal after a hearing on charges
duly filed with the commission after a fair and impartial trial, (2)
must be not less than 18 years of age nor more than 40 years of age,
(3) must possess physical qualifications prescribed by the
commission, and (4) are designated by the police commission as the
owners of a certain beat or territory as may be fixed from time to
time by the police commission.
   (f) An attorney at law in performing his or her duties as an
attorney at law.
   (g) A collection agency or an employee thereof while acting within
the scope of his or her employment, while making an investigation
incidental to the business of the agency, including an investigation
of the location of a debtor or his or her property where the contract
with an assignor creditor is for the collection of claims owed or
due or asserted to be owed or due or the equivalent thereof.
   (h) Admitted insurers and agents and insurance brokers licensed by
the state, performing duties in connection with insurance transacted
by them.
   (i) Any bank subject to the jurisdiction of the Commissioner of
Financial Institutions of the State of California under Division 1
(commencing with Section 99) of the Financial Code or the Comptroller
of Currency of the United States.
   (j) A person engaged solely in the business of securing
information about persons or property from public records.
   (k) A peace officer of this state or a political subdivision
thereof while the peace officer is employed by a private employer to
engage in off-duty employment in accordance with Section 1126 of the
Government Code. However, nothing herein shall exempt such peace
officer who either contracts for his or her services or the services
of others as a private patrol operator or contracts for his or her
services as or is employed as an armed private security officer. For
purposes of this subdivision, "armed security officer" means an
individual who carries or uses a firearm in the course and scope of
that contract or employment.
   (l) A retired peace officer of the state or political subdivision
thereof when the retired peace officer is employed by a private
employer in employment approved by the chief law enforcement officer
of the jurisdiction where the employment takes place, provided that
the retired officer is in a uniform of a public law enforcement
agency, has registered with the bureau on a form approved by the
director, and has met any training requirements or their equivalent
as established for security personnel under Section 7583.5. This
officer may not carry a loaded or concealed firearm unless he or she
is exempted under the provisions of subdivision (a) of Section 12027
of the Penal Code or paragraph (1) of subdivision (b) of Section
12031 of the Penal Code or has met the requirements set forth in
Section 12033 of the Penal Code. However, nothing herein shall exempt
the retired peace officer who contracts for his or her services or
the services of others as a private patrol operator.
   (m) A licensed insurance adjuster in performing his or her duties
within the scope of his or her license as an insurance adjuster.
   (n) Any savings association subject to the jurisdiction of the
Commissioner of Financial Institutions or the Office of Thrift
Supervision.
   (o) Any secured creditor engaged in the repossession of the
creditor's collateral and any lessor engaged in the repossession of
leased property in which it claims an interest.
   (p) A peace officer in his or her official police uniform acting
in accordance with subdivisions (c) and (d) of Section 70 of the
Penal Code.
   (q) An unarmed, uniformed security person employed exclusively and
regularly by a motion picture studio facility employer who does not
provide contract security services for other entities or persons in
connection with the affairs of that employer only and where there
exists an employer-employee relationship if that person at no time
carries or uses any deadly weapon, as defined in subdivision (a), in
the performance of his or her duties, which may include, but are not
limited to, the following business purposes:
   (1) The screening and monitoring access of employees of the same
employer.
   (2) The screening and monitoring access of prearranged and
preauthorized invited guests.
   (3) The screening and monitoring of vendors and suppliers.
   (4) Patrolling the private property facilities for the safety and
welfare of all who have been legitimately authorized to have access
to the facility.
   (r) The changes made to this section by the act adding this
subdivision during the 2005-06 Regular Session of the Legislature
shall apply as follows:
   (1) On and after July 1, 2006, to a person hired as a security
officer on and after January 1, 2006.
   (2) On and after January 1, 2007, to a person hired as a security
officer before January 1, 2006.
7582.3.  (a) Unless specifically exempted by Section 7582.2, no
person shall engage in the business of private patrol operator, as
defined in Section 7582.1, unless that person has applied for and
received a license to engage in that business pursuant to this
chapter.
   (b) Any person who violates any provision of this chapter or who
conspires with another person to violate any provision of this
chapter relating to private patrol operator licensure, or who
knowingly engages a nonexempt unlicensed person is guilty of a
misdemeanor punishable by a fine of five thousand dollars ($5,000) or
by imprisonment in the county jail not to exceed one year, or by
both that fine and imprisonment.
   (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.
   (d) Any person who:  (1) acts as or represents himself or herself
to be a private patrol operator 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 that person
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 that person 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 that person is not a licensee under
this chapter; or (5) advertises that he or she is a licensee under
this chapter when that person is not a licensee, is guilty of a
misdemeanor that is 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.
   (e) A proceeding to impose the fine specified in subdivision (d)
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) Any person who is convicted of a violation of the provisions
of this section shall not be issued a license under this chapter,
within one year following that conviction.
   (g) Any person who is convicted of a violation of subdivision (a),
(b), or (d) 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
subdivision (a), (b), or (d), or any combination of subdivision (a),
(b), or (d).
   (h) The chief shall gather evidence of violations of this chapter
and of any rule or regulation established pursuant to this chapter by
persons engaged in the business of private patrol operator who fail
to obtain licenses and shall gather evidence of violations and
furnish that evidence to prosecuting officers of any county or city
for the purpose of prosecuting all violations occurring within their
jurisdiction.
   (i) The prosecuting officer of any county or city shall prosecute
all violations of this chapter occurring within his or her
jurisdiction.
7582.4.  (a) The superior court in and for the county in which any
person has engaged or is about to engage in any act which constitutes
a violation of Section 7582.3 may, upon a petition filed by the
bureau with the approval of the director, issue an injunction or
other appropriate order restraining this conduct and may impose a
civil fine 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) The superior court for the county in which any person has
engaged in any act which constitutes a violation of Section 7582.3
may, upon a petition filed by the bureau with the approval of the
director, order this person to make restitution to persons injured as
a result of the violation.
   (c) 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 (b), to reimburse
the bureau for expenses incurred by the bureau in its investigation
related to its petition.
   (d) A proceeding to impose the fine specified in subdivision (a)
or to 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.
   (e) The remedy provided for by this section shall be in addition
to any other remedy provided for in this chapter.
7582.5.  (a) 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 imposing local regulations upon any
street patrol service or street patrol special officers requiring
registration with an agency to be designated by the city, county, or
city and county, including in the registration full information as to
the identification and employment and subject to the right of the
city, county, or city and county to allocate certain portions of the
territory in the city, county, or city and county within which the
activities of any street patrol service or person shall be confined.
Any city, county, or city and county may refuse registration to any
person of bad moral character and may impose reasonable additional
requirements as are necessary to meet local needs and are not
inconsistent with the provisions of this chapter.
   (b) 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 imposing local regulations upon any employees of
a private patrol operator who are unable to furnish evidence of
current registration pursuant to subdivision (f) of Section 7581.
   (c) 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 requiring private patrol operators and their
employees to register their name and file a copy of their state
identification card with the city, county, or city and county.  No
fee may be charged and no application may be required by the city,
county, or city and county for this registration.
   (d) The provisions of this chapter shall not prevent the local
authorities in 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 imposing reasonable additional requirements
necessary to regulate and control protection dogs according to their
local needs and not inconsistent with the provisions of this chapter.
7582.6.  An application for a license under this chapter shall be on
a form prescribed by the director and accompanied by the application
fee provided by this chapter.
7582.7.  An application shall be verified and shall include:
   (a) The full name and business address of the applicant.
   (b) The name under which the applicant intends to do business.
   (c) A statement as to the general nature of the business in which
the applicant intends to engage.
   (d) A statement as to the type of license for which the applicant
is applying.
   (e) A verified statement of his or her experience qualifications.
   (f) (1) If the applicant is an individual, a qualified manager,
partner of a partnership, or officer of a corporation designated in
subdivision (i), one personal identification form provided by the
bureau 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, on a form approved by the Department
of Justice, and a personal description of each person, respectively.
The identification form shall include residence addresses and
employment history for the previous five years and be signed under
penalty of perjury.
   (2) 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.
   (g) In addition, if the applicant for a license is an individual,
the application shall list all other names known as or used during
the past 10 years and shall state 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 be
subscribed, verified, and signed by the applicant, under penalty of
perjury, and if any other person is to be actively in charge of the
business, the application shall also be subscribed, verified, and
signed by that person under penalty of perjury.
   (h) If the applicants for license are copartners, the application
shall state the true names and addresses of all partners and the name
of the partner to be actively in charge of the business for which
the license is sought; and list all other names known as or used
during the past 10 years, or if a qualified manager other than a
partner is to be actively in charge of the business, then the
application shall be subscribed, verified, and signed by all of the
partners under penalty of perjury, and if any other person is to be
actively in charge of the business, the application shall also be
subscribed, verified, and signed by that person, under penalty of
perjury, under penalty of perjury by all of the partners and
qualified manager, or by all of the partners or the qualified
manager.
   (i) 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.  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
and by the qualified manager thereof, under penalty of perjury.
   (j) Any other information, evidence, statements, or documents as
may be required by the director.
7582.8.  Before an application for a license or registration is
granted, the applicant for a license or his or her manager or the
applicant for a security guard registration shall meet all of the
following:
   (a) Be at least 18 years of age.
   (b) Not have committed acts or crimes constituting grounds for
denial of a license under Section 480.
   (c) Comply with the requirements specified in this chapter for the
particular license or registration for which an application is made.
   (d) Comply with other qualifications as the director may fix by
rule.
   (e) In lieu of meeting any other training-related requirements of
this section, an applicant may apply for licensure or registration if
he or she has completed comparable military training as documented
by submission of Verification of Military Experience and Training
(V-MET) records.
7582.9.  The director may require an applicant or his or her
manager, to demonstrate his or her qualifications by a written or
oral examination, or a combination of both.
7582.10.  Payment of the application fee prescribed by this chapter
entitles an applicant or his or her manager to one examination
without further charge.  If the person fails to pass the examination,
he or she shall not be eligible for any subsequent examination
except upon payment of the reexamination fee prescribed by this
chapter for each subsequent examination.
7582.11.  The chief shall issue a license, the form and content of
which shall be determined by the chief in accordance with Section
164.  In addition, the chief  shall issue a "Certificate of Licensure"
to any licensee, upon request and upon the payment of a fee of fifty
dollars ($50).
7582.12.  (a) The license shall at all times be posted in a
conspicuous place in the principal place of business of the licensee.
   (b) The director may assess a fine of two hundred fifty dollars
($250) per violation of subdivision (a).
7582.13.  Upon the issuance of a license, a pocket card of the size,
design, and content determined by the director shall be issued to
each licensee, if an individual, or if the licensee is a person other
than an individual, to its manager and to each of its officers and
partners.  The pocket card is evidence that the licensee is licensed
pursuant to this chapter.  The card shall contain the signature of
the licensee, signature of the chief, and a photograph of the
licensee, or bearer of the card, if the licensee is other than an
individual.  The card shall clearly state that the person is licensed
as a private patrol operator or is the manager or officer of the
licensee.  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 pocket card.  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.  When a person to whom a card is
issued terminates his or her position, office, or association with
the licensee, the card shall be surrendered to the licensee and
within five days thereafter shall be mailed or delivered by the
licensee to the bureau for cancellation.  Every person, while engaged
in any activity for which registration is required, shall display
their valid pocket card as provided by regulation.
7582.14.  A license issued under this chapter is not assignable.
7582.15.  A licensee shall at all times be legally responsible for
the good conduct in the business of each of his or her employees or
agents, including his or her manager.
7582.16.  Each licensee shall maintain a record containing
information relative to his or her employees as may be prescribed by
the director.
7582.17.  No licensee shall conduct a business under a fictitious or
other business name unless and until he or she has obtained the
written authorization of the bureau to do so.
   The bureau shall not authorize the use of a fictitious or other
business name which is so similar to that of a public officer or
agency or of that used by another licensee that the public may be
confused or misled thereby.
   The authorization shall require, as a condition precedent to the
use of any fictitious name, that the licensee comply with Chapter 5
(commencing with Section 17900) of Part 3 of Division 7.
   A licensee desiring to conduct his or her business under more than
one fictitious business name shall obtain the authorization of the
bureau in the manner prescribed in this section for the use of each
name.
   The licensee shall pay a fee of twenty-five dollars ($25) for each
authorization to use an additional fictitious business name and for
each change in the use of a fictitious business name.  If the
original license is issued in a nonfictitious name and authorization
is requested to have the license reissued in a fictitious business
name the licensee shall pay a fee of twenty-five dollars ($25) for
the authorization.
7582.18.  Each licensee shall file with the bureau the complete
address of his or her principal place of business including the name
and number of the street, or, if the street where the business is
located is not numbered, the number of the post office box.  The
director may require the filing of other information for the purpose
of identifying the principal place of business.
7582.19.  (a) A licensee shall notify the bureau within 30 days of
any change in its corporate officers or 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 of a licensee has
committed any of the acts constituting grounds to deny an application
for a license or to take disciplinary action against a licensee
pursuant to Section 7582.24 or 7582.25 respectively.
7582.20.  (a) Every advertisement by a licensee soliciting or
advertising business shall contain his or her name, address and
license number as they appear in the records of the bureau.  For the
purpose of this section, "advertisement" includes any business card,
stationary, brochure, flyer, circular, newsletter, fax form, printed
or published paid advertisement in any media form, or telephone book
listing.  Every advertisement by a licensee soliciting or advertising
the licensee's 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) The director may assess a fine of two hundred fifty dollars
($250) per violation of subdivision (a).
7582.21.  (a) A licensee shall not advertise or conduct business
from any location other than that shown on the records of the bureau
as his or her principal place of business unless he or she has
received a branch office certificate for the location after
compliance with the provisions of this chapter and any additional
requirements necessary for the protection of the public as the
director may by regulation prescribe.  A licensee shall notify the
bureau in writing within 10 days after closing or changing the
location of a branch office.
   (b) The director may assess a fine of five hundred dollars ($500)
for the first violation of subdivision (a) and one thousand dollars
($1,000) for each violation thereafter.
7582.22.  (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 to act as the licensee's manager, if the licensee is not
qualified.  Any licensee conducting business in this state whose
primary office is located outside of this state shall do both of the
following:
   (1) Maintain an office in this state operated under the active
direction, control, charge, or management of a qualified manager.
   (2) Maintain at the office in this state all records required
under this chapter and under rules adopted by the bureau.
   (b) No person shall act as a qualified manager of a licensee until
he or she has complied with each of the following:
   (1) Demonstrated his or her qualifications by a written or oral
examination, or a combination of both, if required by the director.
   (2) Made a satisfactory showing to the director that he or she has
the qualifications prescribed in Section 7582.8 and that none of the
facts stated in Section 7582.24 or 7582.25 exist as to him or her.
7582.23.  (a) 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 application for permission 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.
   (b) If the manager, who has qualified as provided in Section
7582.22, ceases for any reason whatsoever to be connected with the
licensee to whom the license is issued, the licensee shall notify the
bureau in writing 30 days from this cessation.  If the notice of
cessation is filed timely, the license shall remain in force for a
period of 90 days after cessation or for an additional period, not to
exceed one year, as approved by the director, pending the
qualification of another manager as provided in this chapter.  After
the 90-day period or additional period, as approved by the director,
the license shall be automatically suspended, unless the bureau
receives written notification that the license is under the active
charge of a qualified manager.  If the licensee fails to notify the
bureau within the 30-day period, his or her license shall be
automatically suspended and 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 in this chapter.
   (c) 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 this 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.
   (d) A license extended under this section is subject to all other
provisions of this chapter.
7582.24.  After a hearing the director may deny a license unless the
applicant makes a showing satisfactory to the director that the
applicant, if an individual, has not, or if the applicant is a person
other than an individual, that its manager and each of its officers
have not:
   (a) Committed any act, which, if committed by a licensee, would be
a ground for the suspension or revocation of a license under this
chapter.
   (b) Committed any act constituting dishonesty or fraud.
   (c) Committed any act or crime constituting grounds for denial of
licensure under Section 480, including illegally using, carrying, or
possessing a deadly  weapon.
   (d) Been refused a license under this chapter or had a license
revoked.
   (e) Been an officer, partner, or manager of any person who has
been refused a license under this chapter or whose license has been
revoked.
   (f) While unlicensed committed, or aided and abetted the
commission of, any act for which a license is required by this
chapter.
   (g) Knowingly made any false statement in his or her application.
7582.25.  The director may refuse to issue any license provided for
in this chapter to any person:
   (a) Who has had any license revoked, or whose license is under
suspension, or has failed to renew his or her license while it was
under suspension.
   (b) If any member of any partnership, or any officer or director
of any corporation, or any officer or person acting in a managerial
capacity of any firm or association has had any license issued to him
or her revoked, or whose license is under suspension, or who has
failed to renew his or her license while it was under suspension.
   (c) If any member of the partnership, or any officer or director
of the corporation, or any officer or person acting in a managerial
capacity of the firm or association, was either a member of any
partnership, or an officer or director of any corporation, or an
officer or person acting in a managerial capacity of any firm or
association, whose license has been revoked, or whose license is
under suspension, or who failed to renew a license while it was under
suspension, and while acting as such member, officer, director, or
person acting in a managerial capacity participated in any of the
prohibited acts for which any such license  was revoked or suspended.
7582.26.  (a) Any licensee or officer, director, partner, or manager
of a licensee may divulge to any law enforcement officer or district
attorney, or his or her representative, any information he or she
may acquire as to any criminal offense, but he or she shall not
divulge to any other person, except as he or she may be required by
law so to do, any information acquired by him or her except at the
direction of the employer or client for whom the information was
obtained.
   (b) No licensee or officer, director, partner, manager, or
employee of a licensee shall knowingly make any false report to his
or her employer or client for whom information was being obtained.
   (c) No written report shall be submitted to a client except by the
licensee, qualifying manager, or a person authorized by one or
either of them, and the person submitting the report shall exercise
diligence in ascertaining whether or not the facts and information in
the report are true and correct.
   (d) No licensee, or officer, director, partner, manager, or
employee of a licensee, shall use a title, or wear a uniform, or use
an insignia, or use an identification card, or make any statement
with the intent to give an impression that he or she is connected in
any way with the federal government, a state government, or any
political subdivision of a state government.
   (e) No licensee, or officer, director, partner, manager, or
employee of a licensee, shall enter any private building or portion
thereof, except premises commonly accessible to the public, without
the consent of the owner or of the person in legal possession
thereof.
   (f) No private patrol licensee or officer, director, partner,
manager, or employee of a private patrol licensee shall use or wear a
badge, except while engaged in guard or patrol work and while
wearing a distinctive uniform.  A private patrol licensee or officer,
director, partner, manager, or employee of a private patrol licensee
wearing a distinctive uniform shall wear a patch on each shoulder of
his or her uniform that reads "private security" and that includes
the name of the private patrol company by which the person is
employed or for which the person is a representative and a badge or
cloth patch on the upper left breast of the uniform.  All patches and
badges worn on a distinctive uniform shall be of a standard design
approved by the director and shall be clearly visible.
   The director may assess a fine of two hundred fifty dollars ($250)
per violation of this subdivision.
   (g) 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 whatever conduct business for
which a license is required under this chapter.  All business of the
licensee shall be conducted in the name of and under the control of
the licensee.
   (h) No licensee shall use a fictitious name in connection with the
official activities of the licensee's business.
   (i) No private patrol operator licensee or officer, director,
partner, or manager of a private patrol operator licensee, or person
required to be registered as a security guard pursuant to this
chapter shall use or wear a baton or exposed firearm as authorized by
this chapter unless he or she is wearing a uniform which complies
with the requirements of Section 7582.27.
7582.27.  (a) Any person referred to in subdivision (i) of Section
7582.26 who uses or wears a baton or exposed firearm as authorized
pursuant to this chapter shall wear a patch on each arm that reads
"private security" and that includes the name of the company by which
the person is employed or for which the person is a representative.
The patch shall be clearly visible at all times.  The patches of a
private patrol operator licensee, or his or her employees or
representatives shall be of a standard design approved by the
director.
   (b) The director may assess a fine of two hundred fifty dollars
($250) per violation of subdivision (a).
7582.28.  (a) Any badge or cap insignia worn by a person who is a
licensee, officer, director, partner, manager, or employee of a
licensee shall be of a design approved by the director, and shall
bear on its face a distinctive word indicating the name of the
licensee and an employee number by which the person may be identified
by the licensee.
   The provisions of this section shall not be construed to authorize
persons to wear badges who are prohibited by Section 7582.26 from
wearing badges.
   (b) The director may assess a fine of two hundred fifty dollars
($250) per violation of subdivision (a).