Title BPC — California Bus. & Prof. Code

(a) A county sealer intending to suspend the authorization of a service agency shall notify the service agency in writing of all of the following: (1) The alleged violations to be used as the basis for suspension. (2) The proposed duration of the suspension. (3) The date the susp…

This chapter shall be known and may be referred to as the California Franchise Relations Act.

As used in this chapter, “franchise” means a contract or agreement, either expressed or implied, whether oral or written, between two or more persons by which: (a) A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services u…

A “franchisee” is a person to whom a franchise is granted.

A “franchisor” is a person who grants or has granted a franchise.

“Area franchise” means any contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for consideration given in whole or in part for such right, to sell or negotiate the sale of franchises in the name or on behalf of the franch…

A “subfranchisor” is a person to whom an area franchise is granted.

“Franchise” includes “area franchise.”

“Franchise fee” means any fee or charge that a franchisee or subfranchisor is required to pay or agrees to pay for the right to enter into a business under a franchise agreement, including, but not limited to, any payment for goods and services. However, the following shall not b…

“Person” means an individual, a corporation, a partnership, a limited liability company, a joint venture, an association, a joint stock company, a trust or an unincorporated organization.

The regulations, releases, guidelines, and interpretive opinions of the Commissioner of Financial Protection and Innovation under the Franchise Investment Law (Division 5 (commencing with Section 31000) of Title 4 of the Corporations Code) regarding whether or not an agreement co…

Any condition, stipulation or provision purporting to bind any person to waive compliance with any provision of this law is contrary to public policy and void.

(a) The provisions of this chapter apply to any franchise when either the franchisee is domiciled in this state or the franchised business is or has been operated in this state. (b) Any provision of a franchise agreement requiring the franchisee to waive the provisions of this ch…

Except as otherwise provided by this chapter, no franchisor may terminate a franchise prior to the expiration of its term, except for good cause. Except as provided in Section 20021, good cause shall be limited to the failure of the franchisee to substantially comply with the law…

If during the period in which the franchise is in effect, there occurs any of the following events which is relevant to the franchise, immediate notice of termination without an opportunity to cure, shall be deemed reasonable: (a) The franchisee or the business to which the franc…

(a) Except as provided in this section, upon a lawful termination or nonrenewal of a franchisee, the franchisor shall purchase from the franchisee, at the value of price paid, minus depreciation, all inventory, supplies, equipment, fixtures, and furnishings purchased or paid for …

No franchisor may fail to renew a franchise unless such franchisor provides the franchisee at least 180 days prior written notice of its intention not to renew; and (a) During the 180 days prior to expiration of the franchise the franchisor permits the franchisee to sell his busi…

Nothing in Section 20025 shall prohibit a franchisor from offering or agreeing before expiration of the current franchise term to extend the term of the franchise for a limited period in order to satisfy the time of notice of nonrenewal requirement of that section.

(a) No franchisor shall deny the surviving spouse, heirs, or estate of a deceased franchisee or the majority shareholder of the franchisee the opportunity to participate in the ownership of the franchise under a valid franchise agreement for a reasonable time after the death of t…

(a) It is unlawful for a franchisor to prevent a franchisee from selling or transferring a franchise, all or substantially all of the assets of the franchise business, or a controlling or noncontrolling interest in the franchise business, to another person provided that the perso…

(a) The franchisee shall, prior to the sale, assignment, or transfer of a franchise, all or substantially all of the assets of a franchise business, or a controlling or noncontrolling interest in the franchise business, to another person, notify the franchisor, of the franchisee’…

All notices of termination or nonrenewal required by this chapter: (a) Shall be in writing; (b) Shall be posted by registered, certified or other receipted mail, delivered by telegram or personally delivered to the franchisee; and (c) Shall contain a statement of intent to termin…

(a) In the event a franchisor terminates or fails to renew a franchisee, in violation of this chapter, the franchisee shall be entitled to receive from the franchisor the fair market value of the franchised business and franchise assets and any other damages caused by the violati…

The franchisor may offset against any remedies made pursuant to Section 20035 any prior recovery by the franchisee pursuant to Section 20022 and any sums owed the franchisor or its subsidiaries by the franchisee pursuant to the franchise or any ancillary agreement.

Except as expressly provided herein, nothing in this article shall abrogate the right of a franchisee to sue under any other law.

Nothing contained in this chapter shall limit the right of a franchisor and franchisee to agree before or after a dispute has arisen to binding arbitration of claims under this chapter, provided that: (a) The standards applied in such arbitration are not less than the requirement…

A provision in a franchise agreement restricting venue to a forum outside this state is void with respect to any claim arising under or relating to a franchise agreement involving a franchise business operating within this state.

(a) Except as provided in subdivision (b), the provisions of this chapter shall apply only to franchises granted or renewed on or after January 1, 1981, or to franchises of an indefinite duration that may be terminated by the franchisee or franchisor without cause. (b) The amendm…

The provisions of this chapter shall not apply to franchises governed by the provisions of Article 4 (commencing with Section 3060) of Chapter 6 of Division 2 of the Vehicle Code which contain the sole remedies for the matters contained therein.

If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the…

A franchisor is prohibited from modifying a franchise agreement, or requiring a general release, in exchange for any assistance related to a declared state or federal emergency.

For purposes of this chapter, the following definitions shall apply: (a) “Adjust” and “adjusting” includes the following acts, either singly or in combination with others: adapting or manipulation of the ophthalmic device to fit the face of the consumer, pursuant and incidental t…

The provisions of this chapter shall not apply to an individual who is acting under the direct responsibility and supervision of a physician and surgeon or optometrist, pursuant to Section 2544, in any setting where optometry or ophthalmology is practiced.

(a) Each application made pursuant to this chapter shall be verified under oath by the person required to sign the application and shall designate the name, address, and direct business telephone number of the applicant’s employee who will be responsible for handling customer inq…

(a) A citation issued for an order of abatement in accordance with Sections 1399.275 and 1399.277 of Title 16 of the California Code of Regulations shall be posted on the front of the place of business of the dispensing optician. The citation shall remain posted until the violati…

Each certificate of registration shall be at all times displayed in a conspicuous place at the certified place of business. The certificate shall not be transferable, but on application to the board there may be registered a change of address of the certificate.

(a) A registered spectacle lens dispenser may fit and adjust spectacle lenses and frames or take facial measurements in any of the following locations: (1) A health facility as defined in Section 1250 of the Health and Safety Code for a person admitted to that facility or an empl…

(a) The board shall deny any application for registration under this chapter if any person licensed as a physician and surgeon, for whom the applicant, in accordance with Section 2564.90, proposes to fill any prescription, has any proprietary interest, or has designated or arrang…

(a) Registrations shall expire at midnight on the last day of the month in which the license was issued during the second year of a two-year term if not renewed. (b) Except as otherwise provided by Section 114, any registration under this chapter may be renewed at any time within…

Each registrant shall conspicuously and prominently display at each registered location the following consumer information: “Eye doctors are required to provide patients with a copy of their ophthalmic lens prescriptions as follows: Spectacle prescriptions: Release upon completio…

Certificates issued under this chapter may in the discretion of the board be suspended or revoked or subjected to terms and conditions of probation for violating or attempting to violate this chapter, Chapter 5.4 (commencing with Section 2540) or any regulation adopted under this…

(a) In the discretion of the board, a certificate issued under this chapter may be suspended or revoked if an individual certificate holder or persons having any proprietary interest who will engage in dispensing operations, have been convicted of a crime substantially related to…

The board may take action against any registrant who is charged with unprofessional conduct and may deny an application for a registration if the applicant has committed unprofessional conduct. In addition to other provisions of this article, unprofessional conduct includes, but …

(a) In addition to the board’s authority to deny an application for registration pursuant to Section 2555.5, the board, in its sole discretion, may issue a probationary registration to an applicant subject to terms and conditions, including, but not limited to, any of the followi…

(a) Except as authorized by Section 655, it is unlawful for a registered dispensing optician or a person who engages in the business of, or holds himself or herself out to be, a dispensing optician to do any of the following: to advertise the furnishing of, or to furnish, the ser…

All licensed optometrists and registered dispensing opticians who are in a colocated setting shall report the business relationship to the California State Board of Optometry, as determined by the board. The California State Board of Optometry shall have the authority to inspect …

(a) Notwithstanding any other law, subsequent to the effective date of this section and until January 1, 2019, any individual, corporation, or firm operating as a registered dispensing optician under this chapter before the effective date of this section, or an employee of such a…

Any person who holds himself out as a “dispensing optician” or “registered dispensing optician” or who uses any other term or letters indicating or implying that he is registered and holds a certificate under the terms of this law without having at the time of so doing a valid, u…

This chapter shall not affect any person licensed as an optometrist under Chapter 7 of Division II of this code, or any physician and surgeon licensed under Chapter 5 of Division II of this code. Such exemption shall not apply to any optometrist or physician and surgeon exclusive…

A certificate issued to a registered spectacle or contact lens dispenser may in the discretion of the board be suspended or revoked for violating or attempting to violate any provision of this chapter or any regulation adopted under this chapter, or for incompetence, gross neglig…