Section § 7587

Explanation

This law section states that, unless specified by another section, any legal proceedings under this article should follow the rules detailed in a specific set of government procedures. The director in charge has all the powers granted by those rules.

Except as otherwise required to comply with the provisions of Section 7581.3 or Article 6 (commencing with Section 7586), the proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the director shall have all the powers granted therein.

Section § 7587.1

Explanation

This law explains that a firearm qualification card and a baton permit are treated like licenses and outlines reasons why such a license can be denied, suspended, or revoked. Reasons include making false statements on applications, breaking rules or laws related to the chapter, committing certain crimes, impersonating law enforcement, failing to fulfill agreements with clients, using force improperly, violating court orders, engaging in illegal activities related to attorneys, possessing unauthorized weapons, and committing acts that could deny a license. The section will be active from July 1, 2023.

Notwithstanding Section 477, a firearm qualification card and a baton permit shall be considered a license subject to the terms of this section.
Notwithstanding the assessment or payment of fines for any violations of this chapter, the director may deny, suspend, or revoke a license issued under this chapter if they determine that the licensee or their manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:
(a)CA Business & Professions Code § 7587.1(a) Made any false statement or given any false information in connection with an application for a license or a renewal or reinstatement of a license.
(b)CA Business & Professions Code § 7587.1(b) Violated any provisions of this chapter.
(c)CA Business & Professions Code § 7587.1(c) Violated any rule of the director adopted pursuant to the authority contained in this chapter.
(d)CA Business & Professions Code § 7587.1(d) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(e)CA Business & Professions Code § 7587.1(e) Impersonated, or permitted or aided and abetted an employee to impersonate a law enforcement officer or employee of the United States of America, or of any state or political subdivision thereof.
(f)CA Business & Professions Code § 7587.1(f) Committed or permitted any employee to commit any act, while the license was expired which would be cause for the suspension or revocation of a license, or grounds for the denial of an application for a license.
(g)CA Business & Professions Code § 7587.1(g) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties.
(h)CA Business & Professions Code § 7587.1(h) Committed assault, battery, or kidnapping, or used force or violence on any person, without proper justification or any use of force in violation of the standards prescribed by the bureau by regulation.
(i)CA Business & Professions Code § 7587.1(i) Knowingly violated, or advised, encouraged, or assisted the violation of any court order or injunction in the course of business as a licensee.
(j)CA Business & Professions Code § 7587.1(j) Acted as a runner or capper for any attorney.
(k)CA Business & Professions Code § 7587.1(k) Been convicted of a violation of Section 148 of the Penal Code.
(l)CA Business & Professions Code § 7587.1(l) Committed any act which is a ground for denial of an application for a license under this chapter.
(m)CA Business & Professions Code § 7587.1(m) Committed any act prohibited by Chapter 1.5 (commencing with Section 630) of Title 15 of Part 1 of the Penal Code.
(n)CA Business & Professions Code § 7587.1(n) Purchased, possessed, or transported any tear gas weapon except as authorized by law. A violation of this subdivision may be punished by the suspension of a license for a period to be determined by the director.
(o)CA Business & Professions Code § 7587.1(o) Been convicted of a violation of Section 95.3 of the Penal Code.
(p)CA Business & Professions Code § 7587.1(p) This section shall become operative on July 1, 2023.

Section § 7587.10

Explanation

This law allows for fines and penalties to be imposed for specific violations related to security industry regulations. For certain violations, there's a fine that increases with repeated offenses. For example, one type of violation has a fine of $100 for the first time and $200 for any thereafter. Another violation has a steeper increase from $100 to $500. Some violations result in a $1,000 fine and may also lead to the suspension of a firearm qualification card, with the suspension duration increasing for repeat offenses.

The director may assess fines for the following acts pursuant to Article 4 (commencing with Section 7583) only as follows:
(a)CA Business & Professions Code § 7587.10(a) Violation of subdivisions (c) and (d) of Section 7583.37; one hundred dollars ($100) for the first violation and two hundred dollars ($200) for each violation thereafter.
(b)CA Business & Professions Code § 7587.10(b) Violation of subdivision (a) of Section 7583.37; one hundred dollars ($100) for the first violation and five hundred dollars ($500) for each violation thereafter.
(c)CA Business & Professions Code § 7587.10(c) Violation of subdivision (e) of Section 7583.37; one thousand dollars ($1,000).
(d)CA Business & Professions Code § 7587.10(d) Violation of subdivision (b) of Section 7583.37; one thousand dollars ($1,000) and suspension of a firearm qualification card for six months for the first violation and, for a violation thereafter, one thousand dollars ($1,000) and a suspension of a firearm qualification card for not more than one year.

Section § 7587.11

Explanation

If a business in California that's operating as a corporation fails to maintain its registration or is not in good standing with the Secretary of State or Franchise Tax Board, their license will be automatically suspended after they receive a notice from the bureau. They have 30 days from the notice to fix the issue and show proof, or else the suspension kicks in. Businesses can get their license reinstated by correcting the registration issue and paying a fee. This rule doesn't apply to businesses run by participating tribes.

(a)CA Business & Professions Code § 7587.11(a) Notwithstanding any other law, the failure of any person licensed to do business as a corporation in this state to be registered and in good standing with the Secretary of State and the Franchise Tax Board after notice from the bureau shall result in the automatic suspension of the licensee by operation of law. The bureau shall notify the licensee in writing of its failure to be registered and in good standing with the Secretary of State or Franchise Tax Board, or both, and that the licensee shall be suspended 30 days from the date of the notice if the licensee does not provide proof satisfactory to the bureau that it is properly registered and in good standing with the Secretary of State or Franchise Tax Board, or both. Reinstatement may be made at any time following the suspension by providing proof satisfactory to the bureau that the license is properly registered and in good standing and the payment of the reinstatement fee as prescribed by this chapter.
(b)CA Business & Professions Code § 7587.11(b) This section shall not apply to a participating tribe or a participating tribe’s business that is chartered under tribal or federal law.

Section § 7587.12

Explanation

This section explains the fines that can be applied to specific violations of another section, 7585.19. Different violations have different fines. For some violations, the fines are $250 for the first time and $500 if repeated. Other violations have set fines of $500 for each occurrence or even for each hour of a course or activity that doesn’t meet requirements. A particularly serious violation carries a fine of $1,000 per incident. The fines are set and depend on the specific rule being broken.

The director may assess fines for the following acts only as follows:
(a)CA Business & Professions Code § 7587.12(a) Violations of paragraph (1), (2), (11), or (12) of subdivision (a) of Section 7585.19; two hundred fifty dollars ($250) for the first violation and five hundred dollars ($500) for subsequent violations.
(b)CA Business & Professions Code § 7587.12(b) Violations of paragraph (3), (7), (8), or (10) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for each violation.
(c)CA Business & Professions Code § 7587.12(c) Violations of paragraph (6) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for each hour shortened.
(d)CA Business & Professions Code § 7587.12(d) Violations of paragraph (4) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for each violation.
(e)CA Business & Professions Code § 7587.12(e) Violations of paragraph (5) of subdivision (a) of Section 7585.19; five hundred dollars ($500) for every hour the course has been shortened.
(f)CA Business & Professions Code § 7587.12(f) Violations of paragraph (9) of subdivision (a) of Section 7585.19; one thousand dollars ($1,000) for each violation.

Section § 7587.13

Explanation
If someone fakes fingerprints or photos that are required under this law, it's considered a serious crime or felony. Breaking other rules from this law is still a crime, but less serious—treated as a misdemeanor. You might have to pay up to $1,000, spend up to a year in county jail, or both.
Any person who knowingly falsifies the fingerprints or photographs submitted pursuant to any provision of this chapter is guilty of a felony. Any person who violates any of the other provisions of this chapter is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000) or by imprisonment in the county jail not to exceed one year, or by both such fine and imprisonment.

Section § 7587.14

Explanation

If you have a license, registration, or firearms card, you must tell the bureau within 30 days if you move your home or business. If you don't, you can be fined $50 for each time you forget. Your main business spot can be at your home or business, but it has to be a permanent office.

The director may assess administrative fines of fifty dollars ($50) against any licensee, registrant, or firearms qualification cardholder for each violation for failure to notify the bureau within 30 days of any change of residence or business address. The principal place of business may be at a home or at a business address, but it shall be the place at which the licensee maintains a permanent office.

Section § 7587.15

Explanation

This law allows a director to fine someone with a license up to $5,000 each time they don't follow certain rules stated in another section, specifically subdivision (d) of Section 7583.2.

Notwithstanding any other provision of law, the director may assess a fine of up to five thousand dollars ($5,000) per violation against any licensee for a failure to comply with subdivision (d) of Section 7583.2.

Section § 7587.16

Explanation

This section allows a designated person to issue a fine according to another law and explains that you can challenge this fine through an appeals process.

(a)CA Business & Professions Code § 7587.16(a) The director, through his or her designee, may assess an administrative fine pursuant to Section 28022 of the Penal Code.
(b)CA Business & Professions Code § 7587.16(b)  An assessment imposed pursuant to that section may be appealed pursuant to Section 7581.3.

Section § 7587.2

Explanation
If someone lies on their application to become a licensed security guard, they are committing a crime called a misdemeanor.
Any person who knowingly makes a false statement in his or her application for a license or registration as a security guard is guilty of a misdemeanor.

Section § 7587.3

Explanation

This law states that the director can suspend or revoke a business license if the licensee or their representatives do a couple of things wrong. First, if they pretend to be part of the federal government, the state, or another governmental group, that's not allowed. Second, if they use a different name in their ads or business contracts than the one they are licensed under, that's also a problem.

The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has:
(a)CA Business & Professions Code § 7587.3(a) Used any letterhead, advertisement, or other printed matter, or in any manner whatever represented that he or she is an instrumentality of the federal government, a state, or any political subdivision thereof.
(b)CA Business & Professions Code § 7587.3(b) Used a name different from that under which he or she is currently licensed in any advertisement, solicitation, or contract for business.

Section § 7587.4

Explanation

This section of the law allows the director to take away a business license if any key person involved has been dishonest or committed fraud while doing business. It explains what counts as dishonesty or fraud. This includes things like lying about important evidence, using illegal methods to collect debts, creating fake evidence, or working against a current or past client when you've learned private things about them through your job.

The director may suspend or revoke a license issued under this chapter if he or she determines that the licensee or his or her manager, if an individual, or if the licensee is a person other than an individual, that any of its officers, directors, partners, or its manager, has committed any act in the course of the licensee’s business constituting dishonesty or fraud.
“Dishonesty or fraud” as used in this section, includes, in addition to other acts not specifically enumerated herein:
(a)CA Business & Professions Code § 7587.4(a) Knowingly making a false statement relating to evidence or information obtained in the course of employment, or knowingly publishing a slander or a libel in the course of business.
(b)CA Business & Professions Code § 7587.4(b) Using illegal means in the collection or attempted collection of a debt or obligation.
(c)CA Business & Professions Code § 7587.4(c) Manufacture of evidence.
(d)CA Business & Professions Code § 7587.4(d) Acceptance of employment adverse to a client or former client relating to a matter with respect to which the licensee has obtained confidential information by reason of or in the course of his or her employment by the client or former client.

Section § 7587.5

Explanation

This law states that a record of conviction, or an official copied version, is undeniable proof of conviction for certain purposes under specific sections. It clarifies that a guilty plea, guilty verdict, or 'nolo contendere' plea (which means no contest) is considered a conviction. The director has the authority to suspend or revoke a license, or refuse to issue one if the time for appeal has passed, the conviction is upheld on appeal, or probation is granted. This applies even if a later court decision allows the individual to change their plea or dismisses the charge.

The record of conviction, or a certified copy thereof, shall be conclusive evidence of the conviction as that term is used in this article, Section 7582.24, or Section 480.
A plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this article, Section 7582.24, or Section 480. The director may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code allowing the person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment.

Section § 7587.6

Explanation

Instead of suspending or revoking a license due to specific violations, the director can choose to fine the license holder up to $500 if they believe it better achieves the chapter's goals.

The director, in lieu of suspending or revoking a license issued under this chapter for violations of Sections 7587.1, 7587.3, and 7587.4, may impose a civil penalty not to exceed five hundred dollars ($500) upon a licensee, if the director determines that this action better serves the purposes of this chapter.

Section § 7587.7

Explanation

This law says that if the director finds a security license holder or company breaking certain rules, they can issue a written citation. If they think it's necessary, the director can also order the violation to be fixed and impose a fine up to $2,500. If someone disagrees with the finding, they can ask for a review. Paying a fine without asking for a review doesn’t mean they agree they broke the rule. Additionally, if someone neither asks for a review nor pays the fine within 30 days, their license won't be renewed until they do. Collected fines go into a special fund for private security services.

If, upon investigation, the director determines a licensee, including a corporation, or registrant is in violation of Section 7583.2, 7583.3, 7583.37, 7585.19, 7587.2, or 7587.14, the director may issue a citation to the licensee or registrant. The citation shall be in writing and shall describe with particularity the nature of the violation, including specific reference to the provision of law determined to have been violated. If the director deems it appropriate, the citation may contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of an administrative fine. The amount of the fine shall in no event exceed two thousand five hundred dollars ($2,500) or as otherwise provided in this chapter, whichever is less.
A citation or fine assessment shall inform the licensee or registrant that if he or she contests the finding of a violation, they may request a review by a disciplinary review committee in accordance with Section 7581.3. If a review is not requested pursuant to this section, payment of any fine shall not constitute an admission of the violation charged. If a review is not allowed under this chapter, a licensee or registrant may request a hearing in accordance with the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if he or she wishes to contest the findings of a violation, and if a hearing is not requested, payment of any fines shall not constitute an admission of the violation charged.
If the licensee or registrant neither requests a review, nor pays the assessed fine within 30 days of the assessment, the license or registration of the person shall not be renewed pursuant to the provisions of this chapter until the assessed fine is paid.
Administrative fines collected pursuant to this article shall be deposited in the Private Security Services Fund, which fund is hereby created to carry out the purposes of this chapter.

Section § 7587.8

Explanation

This law allows the director to fine individuals or businesses for specific violations. If someone breaks rules listed in various parts of Section 7583.2, they face different fines: $500 for some violations, $250 for others, $5,000 if it’s a serious breach, and $2,500 for another type of violation. These fines are set amounts for each offense.

The director may assess fines for the following acts pursuant to Article 4 (commencing with Section 7583) only as follows:
(a)CA Business & Professions Code § 7587.8(a) Violation of subdivisions (a), (b), and (c) of Section 7583.2; five hundred dollars ($500) per violation.
(b)CA Business & Professions Code § 7587.8(b) Violation of subdivisions (g) and (h) of Section 7583.2; two hundred fifty dollars ($250) per violation.
(c)CA Business & Professions Code § 7587.8(c) Violation of subdivision (f) of Section 7583.2; five thousand dollars ($5,000).
(d)CA Business & Professions Code § 7587.8(d) Violation of subdivision (e) of Section 7583.2; two thousand five hundred dollars ($2,500) per violation, notwithstanding any other provision of law.

Section § 7587.9

Explanation

This law allows the director to impose fines for certain violations related to security services. If someone violates specific rules under Section 7583.3, they can be fined $150 for each breach of the first two parts, and $500 for a first-time violation (and $1,000 for each subsequent offense) of the others. Additionally, any breach of Section 7583.4 results in a $500 fine per violation.

The director may assess fines for the following acts pursuant to Article 4 (commencing with Section 7583) only as follows:
(a)CA Business & Professions Code § 7587.9(a) Violation of subdivisions (a) and (b) of Section 7583.3; one hundred fifty dollars ($150) per violation.
(b)CA Business & Professions Code § 7587.9(b) Violation of subdivision (c) or (e) of Section 7583.3; five hundred dollars ($500) for the first violation and one thousand dollars ($1,000) per violation for each violation thereafter.
(c)CA Business & Professions Code § 7587.9(c) Violation of Section 7583.4; five hundred dollars ($500) per violation.