Title BPC — California Bus. & Prof. Code

This chapter may be cited as the Private Security Services Act.

As used in this chapter, “director” means the Director of Consumer Affairs, unless the context indicates otherwise.

As used in this chapter, “employer-employee” relationship means a relationship in which an individual works for another, the individual’s name appears on the payroll records of the employer, and the employee is under the direction and control of the employer.

As used in this chapter, “firearm permit” includes “firearms permit,” “firearms qualification card,” “firearms qualification,” and “firearms qualification permit.”

Every power and duty granted to or imposed upon the director may be exercised by any other officer or employee of the Department of Consumer Affairs authorized by the director, but the director shall have the supervision of and the responsibility for all powers and duties exercis…

The director may, in accordance with the State Civil Service Act and subject to the provisions of Section 159.5, appoint and fix the compensation of inspectors, investigators, and other personnel as may be necessary for the enforcement of this chapter.

Nothing in this chapter shall be construed as entitling any person to practice law in this state unless he or she is an active member of the State Bar of California.

(a) As used in this chapter, the following definitions apply: (1) “Federally recognized tribe” means a tribe located in this state and included on the list published in the Federal Register pursuant to the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. Sec. 5131) a…

The director shall administer and enforce the provisions of this chapter.

As used in this chapter, “person” includes any individual, firm, company, association, organization, partnership, corporation, and participating tribe.

As used in this chapter, “bureau” means the Bureau of Security and Investigative Services.

As used in this chapter, “chief” means the Chief of the Bureau of Security and Investigative Services.

As used in this chapter, “licensee” means a person licensed under this chapter and includes, but is not limited to, private patrol operator and armored contract carrier.

(a) As used in this chapter, “qualified manager” means the individual under whose direction, control, charge, or management the business of a licensee is operated, who has qualified pursuant to Section 7582.22, and who is in possession of a current and valid qualified manager’s c…

As used in this chapter, “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.

As used in this chapter, “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.

The director may adopt and enforce reasonable rules, as follows: (a) Classifying licensees according to the type of business regulated by this chapter in which they are engaged, including, but not limited to, persons employed by any lawful business as security guards or patrolper…

The Governor shall appoint two private security disciplinary review committees, and may remove any member of a disciplinary review committee for misconduct, incompetency, or neglect of duty. One committee shall meet in the southern portion of the state and the other committee sha…

(a) Each disciplinary review committee shall perform the following functions as they pertain to private patrol operators, security guards, firearm qualification cardholders, baton permitholders, firearm training facilities, firearm training instructors, baton training facilities,…

(a) A private patrol operator, qualified manager of a private patrol operator, security guard, firearm qualification cardholder, baton permitholder, firearm training facility, firearm training instructor, baton training facility, or baton training instructor may request a review …

Except in cases where licensees are required to comply with the provisions of Section 7581.3, where a hearing is held under this chapter to determine whether an application for a license should be granted or to determine the qualifications of a licensee’s manager, the proceedings…

The director shall furnish, at least once every two years, one copy of the current licensing law, rules, and regulations to every licensed business governed under this chapter, without charge. The director may charge and collect a fee equivalent to the cost of producing these doc…

It is the intent of the Legislature, consistent with Section 128.5 of the Business and Professions Code, that the bureau shall not maintain a reserve balance of funds greater than the amount necessary to fund operating expenses of the bureau and that the bureau shall periodically…

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.

(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 circum…

(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…

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 …

(a) 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 the fee prescribed in this cha…

(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).

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 pock…

A license issued under this chapter is not assignable.

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.

Each licensee shall maintain a record containing information relative to his or her employees as may be prescribed by the director.

(a) 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. (b) The bureau shall not authorize the use of a fictitious or other business name which is so similar to th…

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 fi…

(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 lice…

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 7574.01, and is employed exclusively and regularly by an employer who does not provide contract security services for …

(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, stationery, brochure, flye…

(a) A licensee shall not advertise or conduct business from any location other than that shown on the records of the bureau as their principal place of business unless they have received a branch office certificate for the location after compliance with the provisions of this cha…

(a) The business of each licensee shall be operated under the active direction, control, charge, or management, in this state, of the licensee, if they are qualified, or the person who is qualified to act as the licensee’s manager, if the licensee is not qualified. Any licensee c…

(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 perm…

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) Commi…

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 an…

(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 p…

(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 emplo…

(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…

(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 v…

(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…

(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 s…

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.