2007 California Business and Professions Code Article 3. Application Of Chapter

CA Codes (bpc:6980.10-6980.15)

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:
   (A) 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.  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 (,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.