Business and Professions Code — Part 10 | BPC — United States — California law | Esheria

Business and Professions Code

Part 10 of 52 · provisions 1,801–2,000

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 17550.57.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )

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    If the Travel Consumer Restitution Corporation is dissolved or stops operating, its remaining assets must first be used to pay its debts and related amounts, then the balance must be distributed to participants pro rata.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.57. If the Travel Consumer Restitution Corporation is dissolved or ceases to exist, or if the Attorney General or his or her delegate makes a determination pursuant to Section 17550.52 that the corporation has failed or ceased to operate, all outstanding debts, obligations of the corporation, and amounts due for services rendered shall first be paid from the remaining assets, including the restitution fund. The assets remaining after settling all those liabilities shall be distributed to the participants, less the costs of that distribution. The distribution to participants shall be pro rata based upon the ratio of the number of locations in the state from which the participant does business to the total number of locations for all registered participants at the time the corporation is dissolved or ceases to exist. (Amended by Stats. 1998, Ch. 924, Sec. 28. Effective January 1, 1999.)
  2. 17550.58.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. )

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    The Travel Consumer Restitution Corporation must pay Department of Justice administration costs for this article, and the Department of Justice may sue to recover those costs.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.7. Travel Consumer Restitution Plan [17550.35 - 17550.58] ( Article 2.7 added by Stats. 1994, Ch. 1123, Sec. 3. ) ## 17550.58. All costs and expenses incurred by the Department of Justice in the administration of this article, including those incurred pursuant to Section 17550.38, shall be paid to the department by the Travel Consumer Restitution Corporation. The department may institute an action for the recovery of costs and expenses incurred in the administration of this article in any court of competent jurisdiction. (Amended by Stats. 1998, Ch. 924, Sec. 29. Effective January 1, 1999.)
  3. 17550.6.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )

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    “Officially appointed agent” means an agent formally named in writing by the principal or the principal’s authorized representative for a specified time period, without reservation.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.6. “Officially appointed agent” means an agent expressly appointed as such, without reservation, for a specified time period, in a written instrument executed by the principal or an authorized representative of the principal. The written instrument shall identify the current name, address, and telephone numbers of the principal and agent. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
  4. 17550.7.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )

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    This section defines who counts as a “Participant in the Travel Consumer Restitution Fund.”

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.7. “Participant in the Travel Consumer Restitution Fund” is a registered seller of travel with its principal place of business in California, who does business with persons located in California, or is a registered seller of travel that does business in California, from one or more locations in California, and that meets the requirements of paragraph (16) of subdivision (e) of Section 17511.1. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
  5. 17550.8.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )

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    “Provider” means the person or entity that actually provides transportation or travel services.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.8. “Provider” means the person or entity who actually provides any transportation or travel services. (Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).)
  6. 17550.9.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. )

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    “Travel services” is defined broadly to include many travel-related services, but it excludes lodging providers when they only supply lodging.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.6. Sellers of Travel [17550 - 17550.30] ( Article 2.6 added by Stats. 1994, Ch. 1123, Sec. 2. ) ## 17550.9. “Travel services” includes, but is not limited to, lodging, surface transportation, transfers, tours, meals, guides, baggage transfer, sightseeing, recreational activities, vehicle rental, or other travel-related services, however denominated, including, but not limited to, travel certificates, registration fees, and processing fees. “Travel services” does not include travel services rendered by providers of lodging such as a hotel, motel, or similar lodging establishment where the provider of lodging supplies only that service. (Amended by Stats. 1998, Ch. 924, Sec. 3. Effective January 1, 1999.)
  7. 17552.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. )

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    This section defines “educational travel organization,” “student traveler,” and “educational travel program.”

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. ) ## 17552. (a) “Educational travel organization” or “organization” means a person, partnership, corporation, or other entity who offers educational travel programs for students residing, in the State of California. (b) “Student traveler” or “student” means a person who is enrolled in elementary or secondary school, grade kindergarten through grade 12, at the time an educational travel program is arranged with an educational travel organization. (c) “Educational travel program,” means travel services, as defined in Section 17550.9, that are arranged through or offered to an elementary or secondary school in this state, and where the services are represented to include an educational program as a component. (Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)
  8. 17553.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. )

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    Educational travel organizations are not exempt from complying with Articles 2.5, 2.6, and 2.7.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. ) ## 17553. Nothing in this article shall be construed as exempting an educational travel organization from compliance with Article 2.5 (commencing with Section 17540), Article 2.6 (commencing with Section 17550), or Article 2.7 (commencing with Section 17550.35) of Chapter 1 of Part 3 of Division 7. (Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)
  9. 17554.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. )

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    An educational travel organization may not arrange a program until it has first signed a written contract with the educational institution.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. ) ## 17554. An educational travel organization may not arrange an educational travel program before the organization involved has first entered into a written contract with the educational institution. The written contract shall include all of the following: (a) The educational travel organization’s name, trade or business name, business address, and business telephone number, including a 24-hour emergency telephone number or 24-hour emergency contact by pager, voice mail, or other method of 24-hour telecommunications. (b) An itemized statement of the services to be provided as a part of the program and the agreed cost for the services. The statement shall include, but not be limited to, the following: (1) A statement as to whether or not the educational travel organization maintains insurance that supplies coverage in the event of injury to any student traveler. The statement shall include the type and amount of coverage, the policy number and issuer, and the name, address, and telephone number of the person or organization who is able to verify the coverage. (2) Any additional costs to students. (3) The qualifications, if any, for experience and training that are required to be met by the educational travel organization’s staff who shall accompany students on the educational travel program. (c) A written description of the educational program being contracted for, including a copy of all materials to be provided to students. (d) The number of times the educational travel program or a substantially similar educational travel program that is the subject of the contract has been conducted by the educational travel organization and the number of students who completed that program. (e) The length of time the educational travel organization has either been arranging or conducting educational travel programs, and, at the option of the educational travel organization, other travel services with substantially similar components. (f) The name of each owner and principal of the educational travel organization. (g) A statement as to whether any owner or principal of the educational travel organization has had entered against him or her any judgment, including a stipulated judgment, order, made a plea of nolo contendere, or been convicted of any criminal violation, in connection with the sale of any travel services for a period of 10 years predating the contract. For purposes of this section, “owner” means a person or organization who owns or controls 10 percent or more of the equity of, or otherwise has claim to 10 percent or more of the net income of, the educational travel organization; and “principal” means an owner, an officer of a corporation, a general partner of a partnership, or a sole proprietor of a sole proprietorship. (Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)
  10. 17555.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. )

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    An educational travel organization must not use misleading or untruthful advertising or statements, or make a substantial misrepresentation, when conducting an educational travel program.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. ) ## 17555. In addition to other requirements and prohibitions of this article, it is a violation of this article for an educational travel organization to place or use any misleading or untruthful advertising or statements or make a substantial misrepresentation in conducting an educational travel program. (Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)
  11. 17556.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. )

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    If a school, student, or a student’s parent or guardian is injured by a violation of this article, they may sue for damages, injunctive relief, or both. The plaintiff may also recover reasonable attorney’s fees and costs.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. ) ## 17556. (a) Where any school or student, or that student’s parent or guardian, is injured by a violation of this article, the school, the student, or his or her parent or guardian, may bring an action for recovery of damages or for injunctive relief, or both. Proceedings for injunctive relief shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, except that no undertaking shall be required. (b) Judgment shall be entered for actual damages. An award, if the trial court deems it proper, may be entered for punitive damages. The plaintiff shall also be entitled to reasonable attorney’s fees and costs. (c) The remedies or penalties provided by this article are not exclusive to each other nor to any other remedies or penalties provided under any other law, and shall not be construed as a limitation on any other applicable remedy or penalty. (Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)
  12. 17556.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. )

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    A person who violates this article commits a misdemeanor and may be fined up to $1,000, jailed for up to one year, or both. After conviction, the court may also issue an injunction and bar the person from acting as an educational travel organization in California.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 2.8. Educational Travel Organizations [17552 - 17556.5] ( Article 2.8 added by Stats. 1995, Ch. 772, Sec. 2. ) ## 17556.5. Except as otherwise provided, a person who violates a provision of this article is guilty of a misdemeanor, which offense is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. In addition, upon a conviction of a violation of this article, the court may issue an injunction and prohibit the convicted person from acting as an educational travel organization in this state, in which case the court shall inform the Attorney General of that action. (Added by Stats. 1995, Ch. 772, Sec. 2. Effective January 1, 1996.)
  13. 17560.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

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    This article defines “outdoor sign” or “outside sign” as any sign visible to passers-by, whether inside or outside a building.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17560. “Outdoor sign” or “outside sign” as used in this article means any sign visible to passers-by whether the same shall be located within or without buildings. (Added by Stats. 1953, Ch. 975.)
  14. 17561.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

    Verify source ↗

    This section defines “room rates” for this article.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17561. “Room rates” as used in this article means the rates at which rooms or other accommodations are rented to occupants. (Added by Stats. 1953, Ch. 975.)
  15. 17562.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

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    This section defines “operator” and “owner” for this article.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17562. “Operator” as used in this article includes a manager or any person in charge of the operation of motels and like establishments. “Operator” or “owner” includes natural persons, firms and corporations. (Added by Stats. 1953, Ch. 975.)
  16. 17563.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

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    This article applies to operators and owners of motels, motor courts, and similar establishments.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17563. This article shall apply to operators and owners of motels, motor courts, and like establishments, and to such establishments. (Added by Stats. 1953, Ch. 975.)
  17. 17564.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

    Verify source ↗

    Motel or motor court owners and operators in California may not post accommodation rates on outdoor signs unless the sign also shows required room, unit, and occupancy information.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17564. It shall be unlawful for any owner or operator of any establishment within the scope of this article, located within the State of California, to post or maintain posted on any outdoor or outside advertising sign pertaining to such establishment, any rates for accommodations in such establishment unless the sign shall have posted thereon the rates charged for all rooms, or other rental units or accommodations offered for rental, the number of rooms or other rental units offered for rental at each rate, and the number of persons accommodated at the rate posted. All posted rates and descriptive data required by this article shall be in type and material of the same size and prominence as the aforesaid data. This section shall not be held to be complied with by signs stating the rate per person or bearing the legend “and up.” (Amended by Stats. 1961, Ch. 1733.)
  18. 17565.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

    Verify source ↗

    Owners or operators of covered establishments must not post accommodation rates on outdoor or outside advertising signs unless they also prominently post a required room-and-rate list in the guest registration area.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17565. It shall be unlawful for any owner or operator of any establishment within the scope of this article to post or maintain posted on outdoor or outside advertising signs rates for accommodations in any such establishment unless there shall be posted prominently and conspicuously in the area where guests are normally registered, a list of all rooms or other rental units offered for rental by such establishment, and the rates charged for each room when occupied by one person or two persons, and the rate charged for each additional occupant. (Amended by Stats. 1961, Ch. 1733.)
  19. 17566.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

    Verify source ↗

    An owner or operator of a covered establishment must not post or keep outside advertising signs about rates if the signs contain false or misleading statements.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17566. It shall be unlawful for any owner or operator of any establishment within the scope of this article to post or maintain outdoor or outside advertising signs in connection with any such establishment relating to rates which shall have thereon any untrue, misleading, false, or fraudulent representations. (Added by Stats. 1953, Ch. 975.)
  20. 17567.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

    Verify source ↗

    This section says establishments covered by the article do not have to use outdoor or outside signs, but any rate information shown on such signs must not be untrue, misleading, false, or fraudulent.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17567. Nothing contained in this article shall be construed so as to require establishments within the scope of this article to have outdoor or outside signs. This article, however, shall be liberally construed so as to prevent untrue, misleading, false, or fraudulent representations relating to rates being placed upon outdoor or outside signs pertaining to such establishments. (Added by Stats. 1953, Ch. 975.)
  21. 17567.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

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    A city, county, or city and county governing body may adopt ordinances with regulations that are equal to or stricter than those in this article, if done as a reasonable exercise of police power.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17567.5. The governing body of any city, county, or city and county may, pursuant to reasonable exercise of the police power, enact ordinances imposing regulations equal to or greater than those imposed by this article. (Added by Stats. 1967, Ch. 741.)
  22. 17568.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. )

    Verify source ↗

    Violating this article is a misdemeanor punishable by a fine, imprisonment, or both.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3. Motel and Motor Court Rate Signs [17560 - 17568] ( Article 3 added by Stats. 1953, Ch. 975. ) ## 17568. Any person violating the provisions of this article is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than two hundred dollars ($200) nor more than one thousand dollars ($1,000) or by imprisonment of not less than 10 days nor more than six months, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 52. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  23. 17568.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3.5. Hotel And Motel Advertised Rates [17568.5 - 17568.8] ( Article 3.5 added by Stats. 2004, Ch. 492, Sec. 1. )

    Verify source ↗

    Hotel and motel owners or operators may not raise advertised regular rates by more than 10% for 30 days after certain emergency declarations.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3.5. Hotel And Motel Advertised Rates [17568.5 - 17568.8] ( Article 3.5 added by Stats. 2004, Ch. 492, Sec. 1. ) ## 17568.5. Upon the proclamation of a state of emergency resulting from an earthquake, flood, fire, riot, storm, or other natural disaster declared by the President of the United States or the Governor, or upon the declaration of a local emergency resulting from an earthquake, flood, fire, riot, storm, or other natural disaster by the executive officer of any county, city, or city and county, and for a period of 30 days following that proclamation or declaration, an owner or operator of a hotel or motel may not increase the hotel or motel’s regular rates, as advertised immediately prior to the proclamation or declaration of emergency, by more than 10 percent. This prohibition does not apply if the owner or operator can prove that the increase in price is directly attributable to additional costs imposed on it for goods or labor used in its business, to seasonal adjustments in rates that are regularly scheduled, or to previously contracted rates. (Added by Stats. 2004, Ch. 492, Sec. 1. Effective January 1, 2005.)
  24. 17568.6.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3.5. Hotel And Motel Advertised Rates [17568.5 - 17568.8] ( Article 3.5 added by Stats. 2004, Ch. 492, Sec. 1. )

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    Short-term lodging advertisers and similar platforms must show the full price upfront, including government-imposed taxes and fees, and cannot advertise a room rate that leaves out required charges except those government taxes and fees.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3.5. Hotel And Motel Advertised Rates [17568.5 - 17568.8] ( Article 3.5 added by Stats. 2004, Ch. 492, Sec. 1. ) ## 17568.6. (a) (1) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall not advertise, display, or offer a room rate, as defined in Section 17561, that does not include all fees or charges required to stay at the short-term lodging except taxes and fees imposed by a government on the stay. (2) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall include in the total price to be paid, before the consumer reserves the stay, all taxes and fees imposed by a government on the stay. (b) For purposes of this section, “short-term lodging” means any hotel, motel, bed and breakfast inn, or other transient lodging. “Short-term lodging” also includes a short-term rental, or a residential property that is rented to a visitor for 30 consecutive days or less through a centralized platform whereby the rental is advertised, displayed, or offered and payments for the rental are processed. (c) For purposes of this section, assessments under Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code or under Part 6 (commencing with Section 36500) or Part 7 (commencing with Section 36600) of Division 18 of the Streets and Highways Code are fees imposed by a government on the stay. (d) This section shall apply to any advertising, display, or offer before the public in this state, or from this state before the public in any state. (e) (1) A person that knew or should have known that it has advertised, displayed, or offered a room rate in violation of this section shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000) for each violation. (2) An action to enforce this section may be brought by a city attorney, district attorney, county counsel, or the Attorney General. (f) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (h) This section shall become operative on July 1, 2024. (Added by Stats. 2023, Ch. 805, Sec. 1. (AB 537) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.)
  25. 17568.8.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3.5. Hotel And Motel Advertised Rates [17568.5 - 17568.8] ( Article 3.5 added by Stats. 2004, Ch. 492, Sec. 1. )

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    Short-term lodging ads and booking notices must disclose certain cleaning-related fees or penalties and explain the cleaning tasks that trigger them.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 3.5. Hotel And Motel Advertised Rates [17568.5 - 17568.8] ( Article 3.5 added by Stats. 2004, Ch. 492, Sec. 1. ) ## 17568.8. (a) A place of short-term lodging or any other person that advertises or lists a place of short-term lodging as available to rent on an internet website, application, or other similar centralized platform shall include in their short-term lodging listing on the internet website, application, or other similar centralized platform, for the purposes of its compliance with subdivision (b), the following information: (1) Any additional fees or charges that it will add to the total price to be paid to stay at the short-term lodging, or other penalty that it will impose, if the consumer fails to perform certain cleaning tasks at the end of the stay. (2) An explicit description of the cleaning tasks required to be performed by the consumer that, if not performed, will make the consumer subject to the additional fees, charges, or penalties described in paragraph (1). (b) A place of short-term lodging, an internet website, application, or other similar centralized platform, or any other person shall include both of the following in a notice that is affirmatively acknowledged by the consumer before the consumer reserves a stay at a place of short-term lodging it advertises or lists as available to rent: (1) A disclosure of any additional fees or charges that will be added to the total price to be paid to stay at the short-term lodging, or other penalty that will be imposed by the place of short-term lodging or by the website, application, or other similar centralized platform, or any other person if the consumer fails to perform certain cleaning tasks at the end of the stay. (2) An explicit description of the cleaning tasks required to be performed by the consumer that, if not performed, will make the consumer subject to the additional fees, charges, or penalties described in paragraph (1), required by either the place of short-term lodging, by the website, application, or other similar centralized platform, or by any other person. (c) For purposes of this section, the following definitions apply: (1) “Notice” means a written or electronic statement that is presented to the consumer in a font size that is at least as large as the standard or default font size of the other text in the advertisement or that is displayed on the internet website, platform, application, or other centralized platform and requires that the consumer interact with the internet website, application, or platform to affirmatively acknowledge that they have read the notice. Affirmative acknowledgment may be accomplished by including a statement in the notice that the consumer acknowledges having read the notice before the internet website, application, or platform functions to allow the consumer to reserve the stay. (2) “Penalty” means subjecting a consumer to inferior terms, privileges, or conditions in comparison to other consumers, including, but not limited to, designating or threatening to designate the consumer as a less favorable guest, decreasing or threatening to decrease the consumer’s status with or on the short-term lodging, internet website, application, or other similar centralized platform, or hindering or barring the consumer from reserving a stay at a place of short-term lodging that would otherwise be advertised or available to the consumer to view and reserve on the internet website, application, or platform. (3) “Short-term lodging” means a short-term rental, or a residential property in this state that is rented to a visitor for 30 consecutive days or less through a centralized platform whereby the rental is advertised, displayed, or offered and payments for the rental are processed, but does not include a hotel, motel, bed and breakfast inn, or other similar transient lodging establishment located in this state, nor does it include a residential hotel, as defined in Section 50519 of the Health and Safety Code. (d) This section shall apply to any advertising, display, or offer before the public in this state, or from this state before the public in any state. (e) (1) A person that knew or should have known that it has advertised, displayed, or offered a place of short-term lodging in violation of this section shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000) for each violation. (2) An action to enforce this section may be brought by a city attorney, district attorney, county counsel, or the Attorney General. (f) The duties and obligations imposed by this section are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law. (g) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (h) This section shall become operative on July 1, 2025. (Added by Stats. 2024, Ch. 510, Sec. 1. (AB 2202) Effective January 1, 2025. Operative July 1, 2025, by its own provisions.)
  26. 17569.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 4. American Indian-Made Articles [17569 - 17569.9] ( Article 4 added by Stats. 1965, Ch. 996. )

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    It is unlawful to sell, trade, barter, or offer for sale any article claimed to be made by authentic American Indian labor or workmanship unless the basic article was wholly produced by American Indian labor or workmanship.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 4. American Indian-Made Articles [17569 - 17569.9] ( Article 4 added by Stats. 1965, Ch. 996. ) ## 17569. It is unlawful to barter, trade, sell, or offer for sale or trade, any article represented as made by authentic American Indian labor or workmanship, unless the basic article was produced wholly by American Indian labor or workmanship. Any article bearing a trademark or label registered by Indian persons, groups, bands, tribes, pueblos, or communities with the Indian Arts and Crafts Board in Washington, D.C., or with the American Indian Historical Society, Incorporated, in San Francisco, California, shall be presumed to be authentic. Only those articles bearing a registered trademark or label of authentic Indian labor or workmanship may be deemed an art or craft of authentic Indian labor or workmanship. (Added by Stats. 1965, Ch. 996.)
  27. 17569.9.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 4. American Indian-Made Articles [17569 - 17569.9] ( Article 4 added by Stats. 1965, Ch. 996. )

    Verify source ↗

    This section defines “Indian” for this article.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 4. American Indian-Made Articles [17569 - 17569.9] ( Article 4 added by Stats. 1965, Ch. 996. ) ## 17569.9. “Indian,” as used in this article, means a person who is enrolled or who is a lineal descendant of one enrolled upon an enrollment listing of the Bureau of Indian Affairs, or upon the enrollment listing of a recognized Indian tribe, band or pueblo. (Added by Stats. 1965, Ch. 996.)
  28. 17570.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 5. Vending Machines [17570 - 17572] ( Article 5 added by Stats. 1968, Ch. 527. )

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    Vending machine owners must display their name and address on the machine, unless they own more than one machine at the same location and instead post a clearly readable sign nearby.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 5. Vending Machines [17570 - 17572] ( Article 5 added by Stats. 1968, Ch. 527. ) ## 17570. On and after July 1, 1969, every person who owns a vending machine shall have his name and address affixed thereto in a place where it may be seen by anyone using the machine. Notwithstanding the foregoing, in the event that a person owns more than one vending machine located at the same place, such a person may, as an alternative to the above, post a clearly readable sign containing his name and address in a conspicuous location near the machines. (Amended by Stats. 1977, Ch. 365.)
  29. 17571.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 5. Vending Machines [17570 - 17572] ( Article 5 added by Stats. 1968, Ch. 527. )

    Verify source ↗

    This section defines “vending machine” and excludes certain telephone-service and financial-institution equipment from that definition.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 5. Vending Machines [17570 - 17572] ( Article 5 added by Stats. 1968, Ch. 527. ) ## 17571. “Vending machine” means any mechanical device the operation of which depends upon the insertion of a coin or other thing representative of value in the denomination of five cents ($0.05) or more and which dispenses or vends a product, service, or exchange of equal value, other than telephone service furnished under public utility tariffs. The term shall not be construed to include any equipment used by a financial institution for the purpose of facilitating financial transactions, whether such equipment is located on the premises of the financial institution or at a location remote therefrom. (Amended by Stats. 1977, Ch. 365.)
  30. 17572.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 5. Vending Machines [17570 - 17572] ( Article 5 added by Stats. 1968, Ch. 527. )

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    Anyone who violates this article commits a misdemeanor and may be punished by up to six months in county jail, a fine of up to $1,000, or both.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 5. Vending Machines [17570 - 17572] ( Article 5 added by Stats. 1968, Ch. 527. ) ## 17572. Any person who violates this article is guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed six months, or a fine of not to exceed one thousand dollars ($1,000), or by both, for each violation. (Amended by Stats. 1983, Ch. 1092, Sec. 53. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  31. 17577.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. )

    Verify source ↗

    This article says water treatment device sales should be free from deceptive and unfair practices and should be read broadly to protect homeowners.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. ) ## 17577. (a) The Legislature finds and declares that there have been situations where homeowners have been subjected to fraud, deception, and unfair dealing by certain promoters of water treatment devices. Water contamination problems throughout the nation have created concern among homeowners concerning the quality and healthfulness of home water for drinking. Some promoters of water treatment devices have made false, misleading, and unfair statements in connection with sale of water treatment devices, including, but not limited to, false, misleading, and unfair statements regarding general levels of water contamination, water contamination problems actually or potentially affecting particular homeowners, actual or potential health risks associated with the consumption of water, and the features and performance of water treatment devices. As a result of false, misleading, and unfair statements, including statements that have the purpose or effect of alarming the public about the condition of water, many homeowners have been pressured into purchasing water treatment devices without the opportunity to verify the accuracy of the sales representations. (b) The Legislature also finds and declares that current law does not afford homeowners who enter transactions for the acquisition of water treatment devices the right in all instances to cancel the transaction within three days of its consummation. Moreover, homeowners may be subjected to the loss of their homes through the foreclosure of liens securing financing of water treatment devices. (c) The Legislature further finds and declares that the protection of homeowners and consumers from untrue and misleading statements and from unfair dealing is of the utmost importance. (d) The intent and purposes of this article are to safeguard the public against deceit; to ensure, foster, and encourage fair dealing in the sale of water treatment devices; to prohibit misleading representations; to prohibit certain liens on real property; and to afford homeowners a reasonable and meaningful opportunity to rescind transactions for the acquisition of water treatment devices. (e) This article shall be liberally construed to effectuate the intent and to achieve the purposes described in subdivision (d). (Added by Stats. 1988, Ch. 1053, Sec. 1.)
  32. 17577.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. )

    Verify source ↗

    This section defines “contaminant,” “water treatment device,” and “person” for this article.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. ) ## 17577.1. For the purposes of this article, the following terms have the following meanings: (a) “Contaminant” or “contamination” means any health-related physical, chemical, biological, or radiological substance or matter in water. (b) “Water treatment device” means any product that (1) is designed to alter the chemical or physical properties or characteristics of water or plumbing or the seller, lessor, or renter claims can alter the chemical or physical properties or characteristics of water or plumbing and (2) is used or sold, leased, or rented for use on residential real property primarily for personal, family, or household purposes. “Water treatment device” does not include any device that is regulated pursuant to Chapter 7.5 (commencing with Section 4040) of Part 1 of Division 5 of the Health and Safety Code. (c) “Person” means any individual, partnership, firm, corporation, or association, or any employee or agent thereof. (Amended by Stats. 1989, Ch. 1360, Sec. 9.)
  33. 17577.2.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. )

    Verify source ↗

    This section bars false or misleading marketing and testing claims about water treatment devices and requires specific maintenance disclosures and reminders to buyers, lessees, or renters.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. ) ## 17577.2. It is unlawful for any person to do any of the following in connection with the sale, lease, rental, offer to sell, lease, rent, or other disposition of water treatment devices: (a) Make any untrue or misleading oral or written statements regarding the presence of one or more contaminants in water, or the performance of water treatment devices, including, but not limited to, the following oral or written statements: (1) (A) Any contaminant exists in the water of any person to whom the statement is directed unless the statement is true, is reasonably based on factual data, and at least a written summary of the factual data, that has been prepared or approved by the source of the factual data, is disclosed to the person to whom the statement is directed before that person executes any contract for the purchase, lease, or rental of a water treatment device. (B) Any contaminant may exist in the water of any person to whom the statement is directed unless the statement is true and is reasonably based on factual data. (2) A relationship between water quality and acute or chronic illness exists as a scientific certainty unless that statement is true. (3) The public water system, utility, or treatment plant that supplies water to the person to whom the statement is directed does not test, treat, or remove particular substances from water treated by it unless the statement is true. (4) A water treatment device removes particular contaminants or other substances from water unless the statement is true, is reasonably based on factual data in existence at the time the statement is made, and the requirements of subparagraphs (A) through (C) are satisfied. (A) If the particular contaminants or other substances mentioned in the statement described in paragraph (4) are not necessarily in the water of the person to whom the statement is made, the following disclosure or its equivalent must be clearly and conspicuously made: “The contaminants or other substances removed or reduced by this water treatment device are not necessarily in your water.” (B) If the statement described in paragraph (4) is oral, the disclosure described in subparagraph (A) shall be made orally and shall immediately follow the statement. If the statement is in writing, the disclosure shall be in writing and shall be placed immediately next to the written statement. (C) Notwithstanding subparagraph (A), no statement about the ability of a water treatment device to remove particular contaminants or other substances shall be used to imply falsely that any of those contaminants or other substances are present in the water of the person to whom the statement is made. (5) Use news events, reports, or descriptions of water quality problems or health hazards associated with water systems or suppliers different from the systems or suppliers of the intended consumer unless, at the same time, the seller sets forth conspicuously and prominently a statement, if true, that the seller has no information that the intended consumer’s water supply has the water quality problems or health hazards referred to in the news events, reports, or descriptions. (6) A water treatment device would provide a health benefit or diminish a health risk unless it would do so. (7) A water treatment device will solve or contribute to the solution of any problem unless the statement is true. (b) Perform precipitation tests of the individual consumer’s drinking water without also clearly informing the consumer of the results, scope, and limits of the test. Precipitation tests may only be used to demonstrate the hardness or other nonhealth-related characteristics of the water being tested. (c) Notwithstanding subdivision (a), make product performance claims or product benefit claims that the device affects the health or the safety of drinking water, unless the device complies with Article 3 (commencing with Section 116825) of Chapter 5 of Part 12 of Division 104 of the Health and Safety Code. This subdivision does not apply to the making of truthful and nonmisleading claims regarding the removal or reduction of contaminants not associated with a health or safety claim pursuant to Article 3 (commencing with Section 116825) of Chapter 5 of Part 12 of Division 104 of the Health and Safety Code. (d) Use pictures, exhibits, graphs, charts, other graphic portrayals, endorsements, or testimonials in any untrue or misleading manner. (e) Fail to disclose clearly and conspicuously, in writing, to the purchaser, lessee, or renter, prior to the time of purchase, lease, or rent, the importance of maintaining the water treatment device according to the manufacturer’s instructions, including, if applicable, replacement of screens and filters. In addition, a separate printed gummed label, tag, or other convenient form of reminder of the importance of proper maintenance shall be provided to the purchaser, lessee, or renter. (Amended by Stats. 2013, Ch. 403, Sec. 1. (AB 119) Effective January 1, 2014.)
  34. 17577.3.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. )

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    For certain water treatment device sales contracts tied to a scheduled presentation, the seller must cover removal costs after rescission, remove installed items within 20 days, and restore altered property. The items may also be delivered and installed during the rescission period.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. ) ## 17577.3. (a) A contract or offer which is subject to approval, for the sale, lease, or rental of a water treatment device shall be deemed a home solicitation contract or offer, as defined in subdivision (a) of Section 1689.5 of the Civil Code regardless of where the contract or offer was made, and shall be subject to the provisions of Sections 1689.5 to 1689.13, inclusive, of the Civil Code if the contract or offer arises out of a scheduled presentation to promote the sale, lease, or rental of a water treatment device to a person invited to attend the presentation at a location other than a private residence. (b) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) may be delivered and installed during the rescission period provided in Sections 1689.5 to 1689.13, inclusive, of the Civil Code. Notwithstanding any other law, if a buyer exercises his or her right to rescind the contract in accordance with those rescission provisions, the seller shall be responsible for all costs in removing the installed water treatment device or any other materials and shall remove that device or any other materials within 20 days of the rescission. If the seller’s services result in the alteration of property of the buyer, the seller shall restore the property to substantially as good condition as it was at the time the services were rendered. (c) A water treatment device or any other materials that are the subject of a contract offer described in subdivision (a) shall be delivered and installed in accordance with Section 7163 and the federal Truth in Lending Act (15 U.S.C. Sec. 1601 et seq.), as applicable. (Amended by Stats. 2018, Ch. 932, Sec. 1. (SB 981) Effective January 1, 2019.)
  35. 17577.4.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. )

    Verify source ↗

    A violation of this article is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. ) ## 17577.4. Any violation of this article is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both. (Added by Stats. 1986, Ch. 1278, Sec. 1.)
  36. 17577.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. )

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    Contracts or offers for home water treatment devices, and purchase money loans for them, must not provide a lien on real property.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. ) ## 17577.5. (a) No contract or offer for the sale, lease, or rental of a home water treatment device and no purchase money loan, as defined in subdivision (b), shall provide for a lien on real property. Any lien taken in violation of this section is void and unenforceable. (b) For the purpose of this section, “purchase money loan” means a loan or an advance under an open-end credit account if both of the following occur: (1) The primary purpose of the loan or the primary purpose of establishing the open-end credit account is to finance all or a portion of the purchase price or any of the lease or rental payments for a water treatment device. (2) The creditor knows the primary purpose of the loan or the primary purpose of establishing the open-end credit account when the loan is initially made or the open-end credit account is established. (c) The creditor shall be deemed to know that the primary purpose of the loan or the primary purpose of establishing the open-end credit account is the primary purpose described in paragraph (1) of subdivision (b) if any of the following occur: (1) The consumer’s application for credit or any other document in the creditor’s possession before the loan is made or the open-end account is established indicates the primary purpose of the loan or the open-end credit account. (2) The seller, lessor, or renter arranges or guarantees the loan or open-end account, or participates in the preparation of the consumer’s application for credit or other loan documents, or receives from the creditor a loan commission, brokerage, or referral fee. (d) For the purpose of this section, “open-end credit” has the same meaning as used in Section 226.2 of Title 12 of the Code of Federal Regulations. (e) This section does not apply to mechanics liens established pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code. (Amended by Stats. 2010, Ch. 697, Sec. 10. (SB 189) Effective January 1, 2011. Operative July 1, 2012, by Sec. 105 of Ch. 697.)
  37. 17577.6.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. )

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    A buyer, lessee, or renter of a water treatment device may sue a violator of this article for damages, fees, costs, and equitable relief. The lawsuit must be filed within three years after the alleged violation is discovered, and any waiver of this article is void.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 6. Water Treatment Devices [17577 - 17577.6] ( Article 6 added by Stats. 1986, Ch. 1278, Sec. 1. ) ## 17577.6. (a) A buyer, lessee, or renter of a water treatment device may bring an action against any person who violates this article for the recovery of actual damages, exemplary damages, reasonable attorney’s fees and costs, and appropriate equitable relief. (b) The rights and remedies provided in this article are in addition to, and not a limitation of, any other rights and remedies provided by law. (c) Any action brought pursuant to this section shall be commenced within three years of the discovery by the party of the alleged violation. (d) Any waiver of this article shall be void and unenforceable as contrary to public policy. (Added by Stats. 1988, Ch. 1053, Sec. 10.)
  38. 17580.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7. Environmental Representations [17580 - 17581] ( Article 7 added by Stats. 1990, Ch. 1413, Sec. 2. )

    Verify source ↗

    Businesses making environmental claims about a consumer good must keep written records supporting the claim and provide that information to the public on request.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7. Environmental Representations [17580 - 17581] ( Article 7 added by Stats. 1990, Ch. 1413, Sec. 2. ) ## 17580. (a) A person who represents in advertising or on the label or container of a consumer good that the consumer good that it manufactures or distributes is not harmful to, or is beneficial to, the natural environment, through the use of such terms as “environmental choice,” “ecologically friendly,” “earth friendly,” “environmentally friendly,” “ecologically sound,” “environmentally sound,” “environmentally safe,” “ecologically safe,” “environmentally lite,” “green product,” or any other like term, or through the use of a chasing arrows symbol or by otherwise directing a consumer to recycle the consumer good, shall maintain in written form in its records all of the following information and documentation supporting the validity of the representation: (1) The reasons the person believes the representation to be true. (2) Any significant adverse environmental impacts directly associated with the production, distribution, use, and disposal of the consumer good. (3) Any measures that are taken by the person to reduce the environmental impacts directly associated with the production, distribution, and disposal of the consumer good. (4) Violations of any federal, state, or local permits directly associated with the production or distribution of the consumer good. (5) Whether, if applicable, the consumer good conforms with the uniform standards contained in the Federal Trade Commission Guidelines for Environmental Marketing Claims for the use of the terms “recycled,” “recyclable,” “biodegradable,” “photodegradable,” or “ozone friendly.” (6) If the person uses the term “recyclable,” uses a chasing arrows symbol, or otherwise directs a consumer to recycle the consumer good, whether the consumer good meets all of the criteria for statewide recyclability pursuant to subdivision (d) of Section 42355.51 of the Public Resources Code. (b) Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request. (c) For purposes of this section, a wholesaler or retailer who does not initiate a representation by advertising or by placing the representation on a package shall not be deemed to have made the representation. (d) It is the intent of the Legislature that the information and documentation supporting the validity of the representation maintained under this section shall be fully disclosed to the public, within the limits of all applicable laws. (e) For purposes of this section, displaying a chasing arrows symbol or otherwise directing a consumer to recycle a consumer good shall not be considered misleading pursuant to Section 17580.5 or Section 42355.51 of the Public Resources Code if either of the following applies: (1) The consumer good is required by any federal or California law or regulation to display a chasing arrows symbol, including, but not limited to, Section 103(b)(1) of the federal Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. Sec. 14322(b)(1)) and Section 25215.65 of the Health and Safety Code. (2) The consumer good is a beverage container subject to the California Beverage Container Recycling and Litter Reduction Act (Division 12.1 (commencing with Section 14500) of the Public Resources Code). (f) For purposes of this section, “chasing arrows symbol” means an equilateral triangle, formed by three arrows curved at their midpoints, depicting a clockwise path, with a short gap separating the apex of each arrow from the base of the adjacent arrow. “Chasing arrows symbol” also includes variants of that symbol that are likely to be interpreted by a consumer as an implication of recyclability, including, but not limited to, one or more arrows arranged in a circular pattern or around a globe. (g) For purposes of this section, a direction to a consumer to properly dispose of or otherwise properly handle a consumer good at the end of its useful life shall not be considered “otherwise directing a consumer to recycle a consumer good” pursuant to subdivision (a) if both of the following requirements are met: (1) The consumer good is subject to any of the following programs: (A) Chapter 20 (commencing with Section 42970) of Part 3 of Division 30 of the Public Resources Code relating to product stewardship for carpets. (B) The Used Mattress Recovery and Recycling Act (Chapter 21 (commencing with Section 42985) of Part 3 of Division 30 of the Public Resources Code). (C) The California Tire Recycling Act (Chapter 17 (commencing with Section 42860) of Part 3 of Division 30 of the Public Resources Code). (D) The Electronic Waste Recycling Act of 2003 (Chapter 8.5 (commencing with Section 42460) of Part 3 of Division 30 of the Public Resources Code). (E) Article 10.3 (commencing with Section 25214.9) of Chapter 6.5 of Division 20 of the Health and Safety Code relating to electronic waste. (F) The Rechargeable Battery Recycling Act of 2006 (Chapter 8.4 (commencing with Section 42451) of Part 3 of Division 30 of the Public Resources Code). (G) The Cell Phone Recycling Act of 2004 (Chapter 8.7 (commencing with Section 42490) of Part 3 of Division 30 of the Public Resources Code). (H) The paint product recovery program established pursuant to Chapter 5 (commencing with Section 48700) of Part 7 of Division 30 of the Public Resources Code. (I) The Mercury Thermostat Collection Act of 2001 (Article 10.2.2 (commencing with Section 25214.8.10) of Chapter 6.5 of Division 20 of the Health and Safety Code). (J) The Lead-Acid Battery Recycling Act of 2016 (Article 10.5 (commencing with Section 25215) of Chapter 6.5 of Division 20 of the Health and Safety Code). (2) The direction to the consumer accurately instructs the consumer to dispose of the consumer good through participation in, and consistent with, one of the programs identified in paragraph (1) as that program applies to the consumer good. (h) For purposes of this section, directing a consumer to compost or properly dispose of a consumer good through an organics recycling program shall not be considered “otherwise directing a consumer to recycle a consumer good” pursuant to subdivision (a). (Amended by Stats. 2025, Ch. 67, Sec. 15. (AB 1170) Effective January 1, 2026.)
  39. 17580.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7. Environmental Representations [17580 - 17581] ( Article 7 added by Stats. 1990, Ch. 1413, Sec. 2. )

    Verify source ↗

    A person must not make untruthful, deceptive, or misleading environmental marketing claims.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7. Environmental Representations [17580 - 17581] ( Article 7 added by Stats. 1990, Ch. 1413, Sec. 2. ) ## 17580.5. (a) It is unlawful for a person to make an untruthful, deceptive, or misleading environmental marketing claim, whether explicit or implied. For the purpose of this section, “environmental marketing claim” shall include any claim contained in the “Guides for the Use of Environmental Marketing Claims” published by the Federal Trade Commission. (b) (1) It shall be a defense to any suit or complaint brought under this section that the person’s environmental marketing claims conform to the standards or are consistent with the examples contained in the “Guides for the Use of Environmental Marketing Claims” published by the Federal Trade Commission. (2) Paragraph (1) does not apply to either of the following: (A) Claims for violations of subdivision (d) of Section 18015 of the Public Resources Code. (B) Claims for violations of paragraph (1) of subdivision (b) of Section 42355.51 of the Public Resources Code. (Amended by Stats. 2021, Ch. 507, Sec. 2. (SB 343) Effective January 1, 2022.)
  40. 17581.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7. Environmental Representations [17580 - 17581] ( Article 7 added by Stats. 1990, Ch. 1413, Sec. 2. )

    Verify source ↗

    A violation of this article is a misdemeanor and can be punished by jail time, a fine, or both.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7. Environmental Representations [17580 - 17581] ( Article 7 added by Stats. 1990, Ch. 1413, Sec. 2. ) ## 17581. Any violation of this article is a misdemeanor punishable by imprisonment in the county jail not to exceed six months, or by a fine not to exceed two thousand five hundred dollars ($2,500), or by both. (Added by Stats. 1990, Ch. 1413, Sec. 2.)
  41. 17582.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7.5. Automotive Products [17582- 17582.] ( Heading for Article 7.5 added by Stats. 2003, Ch. 62, Sec. 8. )

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    Certain engine coolant or antifreeze must contain a bittering agent, and covered manufacturers or packagers must keep and provide ingredient records.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 7.5. Automotive Products [17582- 17582.] ( Heading for Article 7.5 added by Stats. 2003, Ch. 62, Sec. 8. ) ## 17582. (a) Any engine coolant or antifreeze sold in this state after January 1, 2004, that is manufactured after July 1, 2003, and that contains more than 10 percent ethylene glycol, shall include denatonium benzoate at a minimum of 30 parts per million as a bittering agent within the product so as to render it unpalatable. Another aversive agent may be used if it meets or exceeds the degree of aversion in test subjects obtained by utilizing the formulation of 30 parts per million of denatonium benzoate in antifreeze. Any manufacturer or packager of a product subject to this section shall maintain a record of the trade name, scientific name, and active ingredients of any bittering agent used pursuant to this chapter. Information and documentation maintained pursuant to this section shall be furnished to any member of the public upon request. (b) (1) A manufacturer, distributor, recycler, or seller of an automotive product that is required to contain an aversive agent under this section is not liable to any person for any personal injury, death, or property damage that results from the inclusion of denatonium benzoate in ethylene glycol antifreeze. (2) The limitation on liability provided by this subdivision is only applicable if denatonium benzoate is included in ethylene glycol antifreeze in concentrations mandated by this section. (3) The limitation on liability provided by this subdivision does not apply if the personal injury, death, or property damage results from willful or wanton misconduct by the manufacturer, distributor, recycler, or seller of the ethylene glycol antifreeze. (c) This section shall not be construed to apply to any of the following: (1) The sale of a motor vehicle that contains engine coolant or antifreeze. (2) Wholesale containers of antifreeze containing 55 gallons or more of the antifreeze. (Added by Stats. 2002, Ch. 998, Sec. 1. Effective January 1, 2003.)
  42. 17590.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. )

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    This section states the Legislature’s intent to protect the privacy of residential and wireless telephone subscribers and to use the national do-not-call registry as California’s registry.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. ) ## 17590. (a) There is a compelling state interest to protect the privacy of residential or wireless telephone subscribers who wish to avoid unsolicited and unwanted telephone solicitations. For the purposes of this article, a residential or wireless telephone subscriber shall be referred to as a subscriber. (b) The act of becoming a subscriber should not undermine or lessen a person’s right of privacy as guaranteed under Section 1 of Article I of the California Constitution. (c) Congress has passed and the President has signed the “Do-Not-Call Implementation Act” (H.R. 395) which authorizes the Federal Trade Commission (FTC) to implement and enforce a national “do not call” registry. The FTC has decided to create as part of the federal Telemarketing Sales Rule (16 C.F.R. 310) a single nationwide Do Not Call Registry (16 C.F.R. 310.4 (b)(1)(iii)(B)), which is anticipated to be fully implemented by the late fall of 2003. Thus, it is the intent of the Legislature to adopt the California telephone numbers on the national “do not call” registry as the California “do not call” registry. Doing so will have many benefits for California residents and businesses. For instance, it is free for consumers to register on the national registry; California residents will only have to register on one registry, instead of two; registration on the national registry is only required once every five years; and businesses affected by the law will only be required to purchase one registry, instead of two. Additionally, adopting the California telephone numbers on the national “do not call” registry as the California “do not call” registry will mean that California does not have to set up its own administrative system to develop and maintain a California only “do not call” registry, thus saving California tax payers millions of dollars. (Amended by Stats. 2003, Ch. 779, Sec. 1. Effective January 1, 2004.)
  43. 17591.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. )

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    It is unlawful to misuse California’s “do not call” list or interfere with a subscriber’s right to join it.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. ) ## 17591. It is unlawful for any person to do any of the following: using the “do not call” list for any purpose other than to comply with this article or applicable federal laws; denying or interfering in any way, directly or indirectly, with a subscriber’s right to place a California telephone number on the “do not call” list; causing a subscriber to participate in and be included on the “do not call” list without the subscriber’s knowledge or consent; selling or leasing the “do not call” list to a person other than a telephone solicitor; selling or leasing by a telephone solicitor of the “do not call” list; charging a fee to place a California telephone number on the “do not call” list; and a telephone solicitor, either directly or indirectly, persuading a subscriber with whom it has an established business relationship to place his or her telephone number on the “do not call” list, if the solicitation has the effect of preventing competitors from contacting that solicitor’s customers. (Amended by Stats. 2003, Ch. 779, Sec. 2. Effective January 1, 2004.)
  44. 17592.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. )

    Verify source ↗

    This section defines key terms and restricts telephone solicitors from calling numbers on the current do-not-call list, subject to listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. ) ## 17592. (a) For purposes of this article: (1) A “telephone solicitor” means any person or entity who, on his or her own behalf or through salespersons or agents, announcing devices, or otherwise, makes or causes a telephone call to be made to a California telephone number that does any of the following: (A) Seeks to offer a prize or to rent, sell, exchange, promote, gift, or lease goods or services or documents that can be used to obtain goods or services. (B) Offers or solicits or seeks to offer or solicit any extension of credit for personal, family, or household purposes. (C) Seeks marketing information that will or may be used for the direct solicitation of a sale of goods or services to the subscriber. (D) Seeks to sell or promote any investment, insurance, or financial services. (E) Seeks to make any telephone solicitation or attempted telephone solicitation as described in Section 17511.1. (2) “Do not call” list means the California telephone numbers on the national “do not call” registry established and maintained by the Federal Trade Commission, as described in Section 310.4(b)(1)(iii)(B) of Title 16 of the Code of Federal Regulations. A “do not call” list is current if it was obtained from the Federal Trade Commission no more than three months prior to the date a call is made. (b) A person or entity does not necessarily qualify as a telephone solicitor if the products or services of the person or entity are sold or marketed by an independent contractor whose business practices are not controlled by the person or entity. (c) Except for telephone calls described in subdivision (e), beginning on the 31st day after the Federal Trade Commission makes its first “do not call” list available to telephone solicitors, no telephone solicitor shall call any telephone number on the then current “do not call” list and do any of the following: (1) Seek to offer a prize or to rent, sell, exchange, promote, gift, or lease goods or services or documents that can be used to obtain goods or services. (2) Offer or solicit or seek to offer or solicit any extension of credit for personal, family, or household purposes. (3) Seek marketing information that will or may be used for the direct solicitation of a sale of goods or services to the subscriber. (4) Seek to sell or promote any investment, insurance, or financial services. (5) Seek to make any telephone solicitation or attempted telephone solicitation as described in Section 17511.1. (d) No person or entity that sells, leases, exchanges, or rents telephone solicitation lists shall include in those lists those telephone numbers that appear on the current “do not call” list, except that this subdivision does not apply to lists used for directory assistance and numbers published in telephone directories that list substantially all publicly available telephone numbers in a specific geographic area. (e) Subdivision (c) shall not apply to any of the following: (1) Telephone calls made pursuant to the express agreement, in writing, of the subscriber to place calls to that California telephone number. This written agreement shall clearly evidence the person’s authorization that calls made by or on behalf of a specific party may be placed to that California telephone number, and shall include the signature of that person. In any dispute regarding whether a subscriber has provided this express written permission, the telephone solicitor has the burden of proving that the subscriber has provided this permission by producing the original or a facsimile document, signed by the subscriber, evidencing that permission; or an advertisement by the subscriber. “Express agreement” does not include any consent or permission included in any contract of adhesion. (2) Telephone calls made pursuant to the express request of the subscriber. “Express request” may include a telephone call from a person or entity who has been provided the subscriber’s telephone number and name as a referral from a solicitor with which the subscriber has an established business relationship, if that solicitor has obtained the subscriber’s express request for the referral. “Express request” does not include any consent or permission included in any contract of adhesion. A telephone call is presumed not to be made at the express request of a subscriber if one of the following occurs, as applicable: (A) The call is made 30 business days after the last date on which the subscriber contacted a business with the purpose of inquiring about the potential purchase of goods or services. (B) The call is made 30 business days after the last date on which the subscriber consented to be contacted. (C) The call is made after the subscriber has requested that no further telephone calls be made to him or her. (D) The call is made 30 business days after a product or service becomes available where the subscriber has made a request to the business for that product or service that is not then available, and requests a call when the product or service becomes available. (3) Telephone calls made in connection with the collection of a debt or the offer by a creditor to the subscriber of an extension of credit to pay a delinquent obligation owed by the subscriber to that creditor. (4) Telephone calls made to a subscriber if the telephone solicitor has an established business relationship with the subscriber. As used in this article, “established business relationship” means a relationship between a seller and a subscriber based on the subscriber’s purchase, rental, or lease of the seller’s goods or services or a financial transaction between the consumer and seller, within the 18 months immediately preceding the date of a telemarketing call. If a subscriber purchases or obtains a product or service through a licensed agent or broker, for purposes of this article an established business relationship is created with the licensed agent or broker individually, apart from and in addition to, any established business relationship that may have been created by a licensed agent or broker acting on behalf of another, and the licensed agent or broker is a telephone solicitor, as defined in subdivision (a). Notwithstanding the provisions of this paragraph, an established business relationship does not exist between the subscriber and any separate legal entity associated with the telephone solicitor not acting as an agent or vendor on behalf of the telephone solicitor, as defined in subdivision (a), unless the separate legal entity shares the brand name of a business with which the subscriber has an otherwise established business relationship. If the subscriber instructs the telephone solicitor to place the subscriber on the telephone solicitor’s list pursuant to Section 64.1200 of Title 47 of the Code of Federal Regulations and Section 310.4(b)(1)(iii)(A) of Title 16 of the Code of Federal Regulations, that instruction shall be binding on the entity with which the subscriber has the established business relationship, with any entity that has the shared brand name, and all other entities that share that brand name, none of whom may initiate further telephone solicitation calls to that subscriber. Separate legal entities include, but are not limited to, any parent company or entity, any subsidiary company or entity, any partnership or copartner, any joint venture or venturer, association member, or comember, or any affiliated company or entity. (5) Telephone calls made by an individual businessperson or a small business if the individual businessperson or small business employs no more than five full- or part-time employees or independent contractors, the individual businessperson or a principal of the small business makes the telephone calls himself or herself for the sale of goods or services offered by that individual businessperson or small business, and the telephone calls are made to subscribers within a 50-mile radius of the location of the individual businessperson or small business. For purposes of this section, the services offered by the individual businessperson or small business cannot be telemarketing services. For purposes of this section, those independent contractors and employees with whom an individual businessperson or a small business is required to have a written independent contractor or employment agreement pursuant to a regulatory scheme to ensure regulatory accountability of those independent contractors or employees, are not counted against the total referenced above. (6) A telephone call made solely to verify that a subscriber, and not an unauthorized third party, has terminated an established business relationship. (7) Telephone calls made by a tax-exempt charitable organization. (8) A telephone call made for the purpose of soliciting a donation without the purchase of goods or services. (f) (1) Nothing in this section prohibits a telephone solicitor from contacting by mail a subscriber whose telephone number appears on the “do not call” list to obtain the subscriber’s express written permission allowing the telephone solicitor to make the calls described in subdivision (c). (2) An express written permission described in paragraph (1) shall include a clear and conspicuous disclosure of all of the following, except as provided in paragraph (3): (A) Identification of the name of the sender of the mailing and of the entity that is requesting permission to call. (B) The subscriber’s telephone number to which the calls may be placed. (C) The signature of the subscriber authorizing the call. (D) Notice that the subscriber may be contacted by a telephone solicitor or someone calling on behalf of the specific party identified in the request for permission, even if the subscriber’s telephone number is listed on the federal “do not call” registry. (3) Where there is an established business relationship, as defined under state or federal law, between a subscriber and a telephone solicitor, express written permission described in paragraph (1)is not required. (4) In any dispute regarding whether a subscriber has provided this express written permission, the telephone solicitor has the burden of proving that the subscriber has provided this permission by producing the original or a facsimile document, signed by the subscriber, evidencing that permission. (Amended by Stats. 2008, Ch. 738, Sec. 2. Effective January 1, 2009.)
  45. 17593.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. )

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    The Attorney General, a district attorney, or a city attorney may sue telephone solicitors to enforce this article, and affected people may also use small claims court for injunctions and certain penalties.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. ) ## 17593. (a) The Attorney General, a district attorney, or a city attorney may bring a civil action in any court of competent jurisdiction against a telephone solicitor to enforce the article and to obtain any one or more of the following remedies: (1) An order to enjoin the violation. (2) A civil penalty of up to the penalty amount that the Federal Trade Commission may seek pursuant to subparagraph (A) of paragraph (1) of subsection (m) of Section 45 of Title 15 of the United States Code as specified in Section 1.98 of Title 16 of the Code of Federal Regulations. (3) Any other relief that the court deems proper. (b) Any person who has received a telephone solicitation that is prohibited by Section 17592, or whose telephone number was used in violation of Section 17591, may bring a civil action in small claims court for an injunction or order to prevent further violations. If a person obtains an injunction or order under this subdivision and service of the injunction or order is properly effected, a person who thereafter receives further solicitations in violation of the injunction or order within 30 days after service of the initial injunction or order, may file a subsequent action in small claims court seeking enforcement of the injunction or order and a civil penalty to be awarded to the person in an amount up to one thousand dollars ($1,000). For purposes of this subdivision, a person’s claims may not be aggregated to establish jurisdiction in a court other than small claims court. For purposes of this subdivision, a defendant is not required to personally appear, but may appear by affidavit or by written instrument. (c) The rights, remedies, and penalties established by this article are in addition to the rights, remedies, or penalties established under other laws. (d) It shall be an affirmative defense to any action brought under this article that the violation was accidental and in violation of the telephone solicitor’s policies and procedures and telemarketer instruction and training. (Amended by Stats. 2004, Ch. 183, Sec. 17. Effective January 1, 2005.)
  46. 17594.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. )

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    Information about California phone numbers on the do-not-call list held by the Attorney General generally must not be disclosed, and it is privileged.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 8. Unsolicited and Unwanted Telephone Solicitations [17590 - 17594] ( Article 8 added by Stats. 2001, Ch. 695, Sec. 1. ) ## 17594. Any information regarding any California telephone number that appears on the “do not call” list in the possession of the Attorney General, whether obtained from the Federal Trade Commission or submitted to the Attorney General by a subscriber for inclusion in the “do not call” list, shall not be disclosed pursuant to a request made under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and shall also be privileged under Section 1040 of the Evidence Code. Notwithstanding the foregoing, nothing in this section prevents the Attorney General from providing a certificate stating whether a specific telephone number was on the “do not call” list that was effective on the specified date or range of dates in response to: (a) An inquiry from any law enforcement agency that is investigating, prosecuting, or responding to an allegation of a violation of this article. (b) An inquiry from an individual who is investigating or litigating an alleged violation of this article and who seeks the certificate regarding the individual’s telephone number or to an inquiry from the person who is responding to the allegation. (Amended by Stats. 2021, Ch. 615, Sec. 33. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  47. 17600.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. )

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    The Legislature states its intent to stop ongoing charges to consumer payment accounts without the consumer’s explicit consent for recurring shipments or services.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. ) ## 17600. It is the intent of the Legislature to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the consumers’ explicit consent for ongoing shipments of a product or ongoing deliveries of service. (Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
  48. 17601.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. )

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    This section defines key terms for automatic renewal and continuous-service offers, including what counts as a consumer, clear-and-conspicuous disclosure, and free-to-pay conversion.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. ) ## 17601. (a) For the purposes of this article, the following definitions shall apply: (1) “Automatic renewal” means a plan, arrangement, or provision of a contract that contains a free-to-pay conversion or in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term. (2) “Automatic renewal offer terms” and “continuous service offer terms” means the following clear and conspicuous disclosures: (A) That the subscription or purchasing agreement will continue until the consumer cancels. (B) The description of the cancellation policy that applies to the offer. (C) The recurring charges that will be charged to the consumer’s credit or debit card or payment account with a third party as part of the automatic renewal plan or arrangement, and that the amount of the charge may change, if that is the case, and the amount to which the charge will change, if known. (D) The length of the automatic renewal term or that the service is continuous, unless the length of the term is chosen by the consumer. (E) The minimum purchase obligation, if any. (3) “Clear and conspicuous” or “clearly and conspicuously” means in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks, in a manner that clearly calls attention to the language. In the case of an audio disclosure, “clear and conspicuous” and “clearly and conspicuously” means in a volume and cadence sufficient to be readily audible and understandable. (4) “Consumer” means any individual who seeks or acquires, by purchase or lease, any goods, services, money, or credit for personal, family, or household purposes. (5) “Continuous service” means a plan, arrangement, or provision of a contract that contains a free-to-pay conversion or in which a paid subscription or purchasing agreement continues until the consumer cancels the service. (6) “Free-to-pay conversion” means, in an offer or agreement to sell or provide any goods or services, a provision under which a customer receives a product or service for free for an initial period and will incur an obligation to pay for the product or service if they do not take affirmative action to cancel before the end of that period. (b) The amendments made to this section by the act adding this subdivision shall only apply to a contract entered into, amended, or extended under this article on or after July 1, 2025. (Amended by Stats. 2024, Ch. 515, Sec. 1. (AB 2863) Effective January 1, 2025.)
  49. 17602.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. )

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    Businesses offering automatic renewals or continuous services must give clear pre-sale disclosures, get affirmative consent, provide retainable cancellation information, and make cancellation easy, including online cancellation where sales are online.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. ) ## 17602. (a) It is unlawful for any business that makes an automatic renewal offer or continuous service offer to a consumer in this state to do any of the following: (1) Fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner before the subscription or purchasing agreement is fulfilled and in visual proximity, or, in the case of an offer conveyed by voice, in temporal proximity, to the request for consent to the offer. If the offer also includes a free gift or trial, the offer shall include a clear and conspicuous explanation of the price that will be charged after the trial ends or the manner in which the subscription or purchasing agreement pricing will change upon conclusion of the trial. (2) Charge the consumer’s credit or debit card, or the consumer’s account with a third party, for an automatic renewal or continuous service without first obtaining the consumer’s affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms, including the terms of an automatic renewal offer or continuous service offer that is made at a promotional or discounted price for a limited period of time. (3) Fail to provide an acknowledgment that includes the automatic renewal offer terms or continuous service offer terms, cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer. If the automatic renewal offer or continuous service offer includes a free gift or trial, the business shall also disclose in the acknowledgment how to cancel, and allow the consumer to cancel, the automatic renewal or continuous service before the consumer pays for the goods or services. (4) Fail to obtain the consumer’s express affirmative consent to the automatic renewal or continuous service offer terms. (5) Include any information in the contract that interferes with, detracts from, contradicts, or otherwise undermines the ability of consumers to provide their affirmative consent to the automatic renewal or continuous service. (6) Fail to maintain verification of the consumer’s affirmative consent for at least three years, or one year after the contract is terminated, whichever period is longer. (7) Misrepresent, expressly or by implication, any material fact related to the transaction, including, but not limited to, the inclusion of an automatic renewal or continuous service, or any material fact related to the underlying good or service. (8) Fail to provide a consumer with a notice, before confirming the consumer’s billing information and as may be required by subdivision (b), that clearly and conspicuously states all of the following: (A) That the automatic renewal or continuous service will automatically renew unless the consumer cancels. (B) The length and any additional terms of the renewal period. (C) The amount or range of costs the consumer will be charged and, if applicable, the frequency of those charges a consumer will incur unless the consumer takes timely steps to prevent or stop those charges. (D) One or more methods by which a consumer can cancel the automatic renewal or continuous service. (E) If the notice is sent electronically, the notice shall include either a link that directs the consumer to the cancellation process, or another reasonably accessible electronic method that directs the consumer to the cancellation process if no link exists. (F) Contact information for the business. (b) A business shall provide a consumer with a notice as specified in paragraph (8) of subdivision (a) if either of the following is true, provided that if an automatic renewal offer or a continuous service offer requires a notice under both paragraphs (1) and (2), only the notice specified in paragraph (2) shall be required: (1) The consumer accepted a free gift or trial, lasting for more than 31 days, that was included in an automatic renewal offer or continuous service offer or the consumer accepted an automatic renewal offer or continuous service offer at a promotional or discounted price, and the applicability of that price was more than 31 days. (A) The notice shall be provided at least 3 days before and at most 21 days before the expiration of the predetermined period of time for which the free gift or trial, or promotional or discounted price, applies. (B) An offer shall be exempt from the requirements under this paragraph if the consumer does not enter into the contract electronically and the business has not collected or maintained the consumer’s valid email address, phone number, or another means of notifying the consumer electronically. (C) For purposes of this paragraph, “free gift” does not include a free promotional item or gift given by the business that differs from the subscribed product. (2) The consumer accepted an automatic renewal offer or continuous service offer with an initial term of one year or longer, that automatically renews unless the consumer cancels the automatic renewal or continuous service. In this case, the notice shall be provided at least 15 days and not more than 45 days before the automatic renewal offer or continuous service offer renews. (c) (1) A business that makes an automatic renewal offer or continuous service offer shall provide a toll-free telephone number, email address, a postal address if the seller directly bills the consumer, or it shall provide another cost-effective, timely, and easy-to-use mechanism for cancellation that shall be described in the acknowledgment specified in paragraph (3) of subdivision (a). (2) (A) Subject to subparagraph (B), if a business provides a mechanism for cancellation by toll-free telephone number, the business shall answer calls promptly during normal business hours and shall not obstruct or delay the consumer’s ability to cancel the automatic renewal or continuous service. (B) If a consumer leaves a voicemail with a business requesting cancellation, the business shall, within one business day, either process the requested cancellation or call the consumer back regarding the cancellation request. (d) (1) In addition to the requirements of subdivision (b), a business that allows a consumer to accept an automatic renewal or continuous service offer online shall allow a consumer to terminate the automatic renewal or continuous service exclusively online, at will, and without engaging any further steps that obstruct or delay the consumer’s ability to terminate the automatic renewal or continuous service immediately. The business shall provide a method of termination that is online in the form of either of the following: (A) A prominently located direct link or button which may be located within either a customer account or profile, or within either device or user settings. (B) By an immediately accessible termination email formatted and provided by the business that a consumer can send to the business without additional information. (2) The termination requirements of this subdivision apply to the automatic renewal terms and continuous service terms of the contract and the remaining provisions of the contract continue to be governed by all applicable laws and regulations. (3) Notwithstanding paragraph (1), a business may require a consumer to enter account information or otherwise authenticate online before termination of the automatic renewal or continuous service online if the consumer has an account with the business. A consumer who is unwilling or unable to enter account information or otherwise authenticate online before termination of the automatic renewal or continuous service online shall not be precluded from authenticating or terminating the automatic renewal or continuous service offline using another method pursuant to subdivision (c). (e) For purposes of subdivisions (c) and (d), providing a discount offer or other consumer benefit or informing a consumer of the effect of the cancellation shall not be considered an obstruction or delay, provided that the consumer remains able to cancel or terminate the automatic renewal or continuous service, as follows: (1) If a consumer conveys a request to cancel by telephone, the business may present the consumer with a discounted offer, retention benefit, or information regarding the effect of cancellation, provided that the business first clearly and conspicuously informs the consumer that they may complete the cancellation process at any time by stating that they want to “cancel” or words to that effect. If the consumer states their intention to “cancel” or words to that effect, the business shall promptly process the cancellation and shall not otherwise obstruct or delay the consumer’s ability to cancel. (2) If a consumer conveys a request to cancel by an online system, the business may display a discounted offer, retention benefit, or information regarding the effects of cancellation, provided that the business simultaneously displays a prominently located and continuously and proximately displayed direct link or button entitled “click to cancel,” or words to that effect, with the presentation of the discounted offer, other consumer benefit, or information. If the consumer utilizes this direct link or button, the business shall promptly process the cancellation and shall not otherwise obstruct or delay the consumer’s ability to proceed to cancellation. (f) The ability to cancel or terminate an automatic renewal or continuous service pursuant to subdivision (c) or (d) shall be available to the consumer in the same medium that the consumer used in the transaction that resulted in the activation of the automatic renewal or continuous service, or the same medium in which the consumer is accustomed to interacting with the business, including, but not limited to, in person, by telephone, by mail, or by email. If the activation was by telephone, a telephone number that is capable of being retained by the consumer shall be available to the consumer to cancel or terminate the automatic renewal or continuous service. The telephone number shall be clearly and conspicuously displayed on the company’s website, if applicable. (g) (1) In the case of a material change in the terms of the automatic renewal or continuous service that has been accepted by a consumer in this state, the business shall provide the consumer with a clear and conspicuous notice of the material change and provide information regarding how to cancel in a manner that is capable of being retained by the consumer. (2) In the case of a change in the fee charged under an existing automatic renewal or continuous service offer that has been accepted by a consumer in this state, including changes the consumer affirmatively consented to in an existing plan or arrangement, the business shall provide, no less than 7 days and no more than 30 days before the fee change takes effect, the consumer with both of the following: (A) A clear and conspicuous notice of the fee change. (B) Information regarding how to cancel in a manner that is capable of being retained by the consumer. (h) (1) A business shall send an annual reminder to a consumer under an annual automatic renewal agreement or continuous service agreement with the business in the same medium that resulted in the activation of the automatic renewal or continuous service, or the same medium in which the customer is accustomed to interacting with the business, including, but not limited to, by telephone, mail, or email. For originally in-person or voice-based transactions, the business shall send the reminder by telephone, mail, or any internet-based communication. (2) The reminder sent pursuant to this subdivision shall disclose all of the following: (A) The product or service to which the automatic renewal or continuous service applies. (B) The frequency and amount of charges associated with the automatic renewal or continuous service. (C) The means to cancel the automatic renewal or continuous service. (i) The requirements of this article shall apply only prior to the completion of the initial order for the automatic renewal or continuous service, except as follows: (1) The requirements in paragraphs (3) and (8) of subdivision (a) may be fulfilled after completion of the initial order. (2) The requirements in subdivision (b) may be fulfilled after completion of the initial order. (3) The requirement in subdivision (g) shall be fulfilled prior to implementation of the material change or fee change. (4) The requirement in subdivision (h) shall be fulfilled annually. (j) The amendments made to this section by the act adding this subdivision shall only apply to a contract entered into, amended, or extended under this article on or after July 1, 2025. (Amended by Stats. 2024, Ch. 515, Sec. 2. (AB 2863) Effective January 1, 2025.)
  50. 17603.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. )

    Verify source ↗

    If a business sends goods to a consumer under an automatic renewal or continuous service agreement without the consumer’s affirmative consent, the goods are treated as an unconditional gift.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. ) ## 17603. In any case in which a business sends any goods, wares, merchandise, or products to a consumer, under a continuous service agreement or automatic renewal of a purchase, without first obtaining the consumer’s affirmative consent as described in Section 17602, the goods, wares, merchandise, or products shall for all purposes be deemed an unconditional gift to the consumer, who may use or dispose of the same in any manner he or she sees fit without any obligation whatsoever on the consumer’s part to the business, including, but not limited to, bearing the cost of, or responsibility for, shipping any goods, wares, merchandise, or products to the business. (Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
  51. 17604.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. )

    Verify source ↗

    A violation of this article is not a crime, and a business that complies with the article in good faith is not subject to civil remedies.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. ) ## 17604. (a) Notwithstanding Section 17534, a violation of this article shall not be a crime. However, all available civil remedies that apply to a violation of this article may be employed. (b) If a business complies with the provisions of this article in good faith, it shall not be subject to civil remedies. (Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
  52. 17605.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. )

    Verify source ↗

    This section exempts several categories of businesses and regulated entities from the article’s requirements.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. ) ## 17605. The following are exempt from the requirements of this article: (a) Any service provided by a business or its affiliate where either the business or its affiliate is doing business pursuant to a franchise issued by a political subdivision of the state or a license, franchise, certificate, or other authorization issued by the California Public Utilities Commission (CPUC). (b) Any service provided by a business or its affiliate where either the business or its affiliate is regulated by the CPUC, the Federal Communications Commission, or the Federal Energy Regulatory Commission. (c) Any entity regulated by the Department of Insurance. (d) Alarm company operators, as defined in Section 7590.2, and regulated pursuant to Chapter 11.6 (commencing with Section 7590) of Division 3. (e) A bank, bank holding company, or the subsidiary or affiliate of either, or a credit union or other financial institution, licensed under state or federal law. (f) Service contract sellers and service contract administrators regulated by the Bureau of Electronic and Appliance Repair pursuant to Article 4.5 (commencing with Section 9855) of Chapter 20 of Division 3. (Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Section operative December 1, 2010, pursuant to Section 17606.)
  53. 17606.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. )

    Verify source ↗

    This article becomes operative on December 1, 2010.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 1. Advertising [17500 - 17606] ( Chapter 1 added by Stats. 1941, Ch. 63. ) ## ARTICLE 9. Automatic Purchase Renewals [17600 - 17606] ( Article 9 added by Stats. 2009, Ch. 350, Sec. 1. ) ## 17606. This article shall become operative on December 1, 2010. (Added by Stats. 2009, Ch. 350, Sec. 1. (SB 340) Effective January 1, 2010. Note: This section prescribes a delayed operative date for Article 9, commencing with Section 17600.)
  54. 1765.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )

    Verify source ↗

    Only a licensed dental hygienist or licensed dentist may perform dental hygiene work on patients, subject to listed exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1765. No person other than a licensed dental hygienist or a licensed dentist may engage in the practice of dental hygiene or perform dental hygiene procedures on patients, including, but not limited to, supragingival and subgingival scaling, dental hygiene assessment, and treatment planning, except for the following persons: (a) A student enrolled in a dental or a dental hygiene school who is performing procedures as part of the regular curriculum of that program under the supervision of the faculty of that program. (b) A dental assistant, registered dental assistant, or registered dental assistant in extended functions acting in accordance with the provisions of this chapter. (c) A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions licensed in another jurisdiction performing a clinical demonstration for educational purposes. (Amended by Stats. 2008, Ch. 499, Sec. 42. Effective January 1, 2009.)
  55. 1767.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )

    Verify source ↗

    The board must adopt regulations needed to carry out this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1767. The board shall adopt regulations necessary to implement the provisions of this article. (Amended by Stats. 2008, Ch. 31, Sec. 38. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
  56. 17700.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. )

    Verify source ↗

    This section defines “coupon,” “person,” and “issue” for the chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. ) ## 17700. As used in this chapter: (a) “Coupon” includes certificates, cards, package labels, wrappers, can covers, bottle caps or other and similar devices, which entitle the person holding or delivering or surrendering them to have them exchanged for or redeemed in goods, wares, merchandise, or services of any kind free of charge or for less than the retail price of such goods, wares, merchandise, or services. (b) “Person” includes persons, firm, firms, corporation and corporations. (c) “Issue” includes use, distribute, give away, sell and furnish. (Amended by Stats. 1957, Ch. 776.)
  57. 17701.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. )

    Verify source ↗

    A person may not issue coupons unless the coupon states who may exchange or redeem it and that person fits one of the listed categories.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. ) ## 17701. It is unlawful for any person to issue coupons unless there shall be specified in or upon such coupons, specifically or by class, the person by whom or with whom such coupon is exchangeable or redeemable, and unless such person specified is either: (a) The person issuing such coupon (b) Member or members of an association issuing such coupon which association shall be a bona fide organization in existence for a period of at least six months prior to issuing such coupon. The name and address by street and number of the principal place of business of the association shall also be specified in or upon such coupon (c) A person engaged in the business of issuing coupons for use or distribution by itself or by other persons. (Added by Stats. 1941, Ch. 64.)
  58. 17701.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. )

    Verify source ↗

    A person may not advertise a price that depends on the buyer mailing a coupon to the manufacturer for a cash rebate unless the seller’s actual price is also clearly and conspicuously advertised with the coupon price.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. ) ## 17701.5. It is unlawful for any person to advertise a price that requires the buyer to send in a coupon to the manufacturer for a cash rebate, unless the price actually paid to the person selling the item is clearly and conspicuously advertised along with the final price with the coupon. (Added by Stats. 1990, Ch. 863, Sec. 1.)
  59. 17702.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. )

    Verify source ↗

    Anyone who violates this chapter commits a misdemeanor for each offense.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 2. Premium Coupons [17700 - 17702] ( Chapter 2 added by Stats. 1941, Ch. 64. ) ## 17702. Any person violating this chapter is for each offense guilty of a misdemeanor. (Added by Stats. 1941, Ch. 64.)
  60. 1771.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )

    Verify source ↗

    A person without a board-issued license or permit may not hold themselves out as certain listed dental auxiliaries or use terms implying they are licensed or permitted by the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1771. Any person, other than a person who has been issued a license or permit by the board, who holds himself or herself out as a registered dental assistant, orthodontic assistant permitholder, dental sedation assistant permitholder, or registered dental assistant in extended functions, or uses any other term indicating or implying he or she is licensed or permitted by the board as such, is guilty of a misdemeanor. (Amended by Stats. 2008, Ch. 499, Sec. 45. Effective January 1, 2009.)
  61. 1773.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )

    Verify source ↗

    This section says certain other code sections control renewal-related actions for licenses under this article, and a license stays in effect until the next Section 1715 date after issuance unless it is renewed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1773. The provisions of Sections 1715, 1718, 1718.1, 1718.2, and 1718.3 shall govern the renewal, restoration, reinstatement, and reissuance of licenses issued under this article. The license shall continue in effect through the date provided in Section 1715 that next occurs after its issuance, when it shall expire if not renewed. (Added by renumbering Section 1766 by Stats. 2002, Ch. 810, Sec. 17. Effective January 1, 2003.)
  62. 17750.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “trading stamp” as a stamp or similar device used in retail promotions that can be redeemed by the rightful holder for merchandise, service, or cash.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17750. “Trading stamp” means any stamp or similar device issued in connection with the retail sale of merchandise or service, as a cash discount, or for any other marketing purpose, that entitles the rightful holder, on its due presentation for redemption, to receive merchandise, service, or cash. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  63. 17751.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “trading stamp” to include certain stamps or similar devices issued for gifts, consideration, cash discounts, or other marketing purposes, and redeemable by the rightful holder.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17751. “Trading stamp” also means any stamp or similar device issued as a gift or as a consideration in any transaction other than in connection with the retail sale of merchandise or service, by a trading stamp company that also issues those devices in connection with the retail sale of merchandise or service, as a cash discount, or for any other marketing purpose, and that may be redeemed by the rightful holder on the same basis as, or interchangeably with, any trading stamp issued as described in Section 17750. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  64. 17752.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    “Trading stamp” does not include certain redeemable devices used by a manufacturer, packer, newspaper, magazine, or other publication.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17752. “Trading stamp” does not include any redeemable device used by the manufacturer or packer of an article, in advertising or selling the article, or any redeemable device issued and redeemed by a newspaper, magazine, or other publication. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  65. 17753.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A “trading stamp” does not include certain merchant-made customer devices that can be redeemed only by that merchant for specific merchandise.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17753. “Trading stamp” does not include any coupon, ticket, certificate, card, or other similar device prepared by a merchant using that device and distributed by the merchant to his or her customers, if the device is redeemable only by that merchant for, or in connection with, the purchase of specific articles of merchandise carried in his or her stock. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  66. 17754.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    The Legislature states that the devices described in Sections 17752, 17753, and 17760 are not used in connection with improper activities of irresponsible trading stamp companies.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17754. The Legislature finds and declares that the devices described in Sections 17752, 17753, and 17760 are not employed in connection with improper activities of irresponsible trading stamp companies. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  67. 17755.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    “Trading stamp company” means a person who distributes trading stamps for retail issuance by others or redeems trading stamps for retailers.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17755. “Trading stamp company” means any person engaged in any manner in distributing trading stamps for retail issuance by others or in redeeming trading stamps for retailers. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  68. 17756.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “person” to include individuals and several types of organizations.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17756. “Person” means any individual, partnership, corporation, limited liability company, association, or other organization. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  69. 17757.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “organization” as a partnership, corporation, limited liability company, or association.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17757. “Organization” means any partnership, corporation, limited liability company, or association. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  70. 17758.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “issue” to include using, distributing, giving away, selling, furnishing, and licensing those activities.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17758. “Issue” includes use, distribute, give away, sell, furnish, and licensing that use, distribution, gift, sale or furnishing. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  71. 17759.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section defines “merchant” to include a retailer, a person dealing in services, or a similar person.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17759. “Merchant” includes retailer, person dealing in services, or person in a similar capacity. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  72. 17760.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This chapter does not apply to certain nonprofit merchant organizations if they meet specific trading-stamp redemption and liability requirements.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17760. The provisions of this chapter do not apply to nonprofit merchant organizations that guarantee redemption of trading stamps that are exclusively issued and redeemed by that organization or its members and where all of those members have jointly and severally assumed liability for all stamps so issued and where the redemption is from stock in trade of, or in cash from, any and all members of the organization. The assumption of liability shall be evidenced by a written agreement between the organization and its members setting forth the joint and several liability of the organization and its members for redemption of trading stamps issued by the organization. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  73. 17761.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A person may not issue a trading stamp unless it shows the issuing trading stamp company’s name and the stamp’s redeemable value.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17761. It is unlawful for any person to issue any trading stamp unless the stamp has imprinted on it both of the following: (a) The name of the trading stamp company that is responsible for the redemption of the stamp. (b) The redeemable value of the stamp in cents, mills, or fraction of cents. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  74. 17762.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    Trading stamp companies must redeem their own issued stamps when presented, giving the rightful holder a choice of merchandise, service, or cash unless the company offers cash only.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17762. Any trading stamp company shall redeem upon presentation any trading stamp that it has issued, either in merchandise, service, or cash, at the option of the rightful holder. However, if the trading stamp company only offers to redeem the trading stamp in cash, the rightful holder of the trading stamp shall not have the option of receiving merchandise or service and shall only receive a cash redemption. Trading stamps shall only be presented for redemption in cash in an amount aggregating not less than one dollar ($1). (Amended by Stats. 1998, Ch. 485, Sec. 28. Effective January 1, 1999.)
  75. 17763.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A person may not willfully issue or redeem a trading stamp unless the issuing trading stamp company consents.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17763. It is unlawful for any person to willfully issue or redeem any trading stamp without the consent of the trading stamp company that issued the stamp. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  76. 17764.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section allows any person to redeem trading stamps issued on or before December 31, 1997, if the redemption is pursuant to contract.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17764. Nothing in this chapter shall prohibit any person from redeeming, pursuant to contract, any trading stamps issued on or before December 31, 1997. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  77. 17765.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A person who offers or gives trading stamps with a sale must give them for all items sold at the business if the purchaser asks, unless the business clearly advertises and lists the items excluded.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17765. Any person who advertises the giving of trading stamps, or who gives trading stamps, with the sale of any merchandise or service, shall give those stamps, if the purchaser requests them, with the sale of all items of merchandise or service offered for sale at his or her place of business, unless that person advertises that he or she does not give trading stamps on certain items of merchandise or service and designates those items or services in the advertisement or posts a list of those items or services in a conspicuous place in his or her place of business. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  78. 17766.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section says the chapter does not require trading stamps to be given with a sale when doing so is specifically prohibited by law or regulation.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17766. Nothing in this chapter shall be construed as requiring the giving of trading stamps with any sale of merchandise or service when the giving of those stamps or any premium with the particular merchandise or service is specifically prohibited by law or regulation. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  79. 17767.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    If a trading stamp company fails to redeem stamps, a rightful holder may sue for damages within three years.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17767. If a trading stamp company fails to redeem any of its trading stamps, any rightful holder of those stamps may bring a civil action for damages within three years of the failure to redeem. (Added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  80. 17768.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A merchant stopping trading-stamp issuance must post a notice at each affected location before stopping and keep it posted afterward.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17768. Any merchant who has issued to his or her customers or other persons the trading stamps of any trading stamp company subject to this chapter, and who proposes to discontinue the issuance of the stamps of that company for any reason, shall post a notice in at least 18-point type at every location in his or her establishment where stamps were or are issued, containing at least the following information: (a) The fact that trading stamps will no longer be issued by the merchant and the date of discontinuance of issuance. (b) The name and address in this state of the trading stamp company that is responsible for the redemption of those stamps. (c) The fact that the stamps are redeemable either in merchandise, service, or in cash, at the option of the holder, and stating the cash redemption value of each stamp, and that it is necessary for the holder to present stamps in an amount aggregating not less than one dollar ($1) for redemption in cash. (d) The notice required by this section shall be posted at least seven days prior to the date on which the issuance of trading stamps is discontinued, and shall remain posted for 30 days after that date. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  81. 17769.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A trading stamp company may not stop issuing trading stamps unless it gives written notice at least 90 days before stopping to each merchant that has issued redeemable trading stamps within the past year.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17769. No trading stamp company shall cease issuing trading stamps unless it gives written notice at least 90 days prior to that cessation to each merchant that has at any time within one year issued trading stamps that the company is obligated to redeem. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  82. 1777.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. )

    Verify source ↗

    In certain clinic settings, dental assistants and registered dental assistants may perform specified extraoral or clinical procedures only under direct supervision, with an extra training proof requirement for sealants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 7. Dental Auxiliaries [1740 - 1777] ( Article 7 repealed and added by Stats. 1974, Ch. 128. ) ## 1777. While employed by or practicing in a primary care clinic or specialty clinic licensed pursuant to Section 1204 of the Health and Safety Code, in a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code, the following shall apply: (a) A dental assistant, registered dental assistant, or registered dental assistant in extended functions may perform any extraoral duty under the direct supervision of a registered dental hygienist or registered dental hygienist in alternative practice. (b) A registered dental assistant or a registered dental assistant in extended functions may perform the following procedures under the direct supervision of a registered dental hygienist or a registered dental hygienist in alternative practice, pursuant to subdivision (b) of Section 1763: (1) Coronal polishing. (2) Application of topical fluoride. (3) Application of sealants, after providing evidence to the board of having completed a board-approved course in that procedure. (Amended by Stats. 2008, Ch. 499, Sec. 46. Effective January 1, 2009.)
  83. 17770.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A person who violates this chapter can be fined up to $1,000 per violation, and a state superior court may enjoin the violation on the complaint of an interested person.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17770. Any person violating any provision of this chapter shall be liable for a civil penalty not to exceed one thousand dollars ($1,000) for each violation, and any superior court of this state shall have jurisdiction in equity on the complaint of any interested person to restrain and enjoin the violation of any of the provisions of this chapter. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  84. 17771.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    A person who willfully violates any provision of this chapter can be fined up to $5,000 upon conviction.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17771. Any person who willfully violates any provision of this chapter shall upon conviction be fined not more than five thousand dollars ($5,000). (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  85. 17772.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    Trading stamps issued by a trading stamp company subject to this chapter are exempt from the Corporate Securities Law of 1968.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17772. Trading stamps issued by a trading stamp company subject to this chapter are exempt from the Corporate Securities Law of 1968 (Division 1 (commencing with Section 25000) of Title 4 of the Corporations Code). (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  86. 17773.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. )

    Verify source ↗

    This section says the law should not be read to require trading-stamp value to be shown on certain signs or ads.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 3. Trading Stamp Company Act [17750 - 17773] ( Chapter 3 repealed and added by Stats. 1997, Ch. 310, Sec. 2. ) ## 17773. Nothing in this chapter, nor in this code, shall be construed to require that the cash or merchandise value of trading stamps be stated or set forth on any sign, statement, or other advertising media that either advertises or offers those stamps, or advertises or indicates the price of gasoline or motor fuel, whether on any dispensing apparatus or elsewhere, and that is displayed at or about any place of business offering for sale or selling gasoline or other motor vehicle fuel. (Repealed and added by Stats. 1997, Ch. 310, Sec. 2. Effective January 1, 1998.)
  87. 17800.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. )

    Verify source ↗

    This section defines key terms for fixed term installment contracts, including early termination fee, fixed term installment contract, goods and services, and terminate.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. ) ## 17800. For purposes of this chapter, the following terms have the following meanings: (a) “Early termination fee” means an additional fee charged to a consumer as a result of a consumer’s election to apply a term or clause included in the contract that authorizes a consumer to suspend making installment payments and to end access to the good or receipt of the service before the end of the period of time during which installment payments are required to be made by the consumer. (b) “Fixed term installment contract” means any contract for the sale of goods or the furnishing of services by a seller to a consumer for a deferred payment price payable in installments required to be made by the consumer during a fixed period of time until the price is paid in full. (c) “Good” and “service” include tangible and intangible goods, including digital software. (d) “Terminate” means that the consumer has elected to apply a term or clause included in the contract that authorizes a consumer to suspend making installment payments and to end access to the good or receipt of the service. “Terminate” does not include a general failure of a consumer to perform an obligation of the contract, including a failure to make installment payments. (Added by Stats. 2025, Ch. 557, Sec. 1. (AB 483) Effective January 1, 2026.)
  88. 17810.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. )

    Verify source ↗

    A seller generally may not charge a termination fee on a fixed term installment contract unless the required written fee disclosure was provided when the contract was first made.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. ) ## 17810. (a) A seller that uses a fixed term installment contract entered into or modified on or after August 1, 2026, shall not charge a fee to a consumer who terminates the fixed term installment contract unless, at the time of entering the initial contract, the contract includes a clear and conspicuous written disclosure of either of the following, which shall be viewable by the consumer without reliance upon a tooltip, additional hyperlink, or any other feature that requires additional user interaction: (1) The total cost of the early termination fee. (2) The formula used to calculate the early termination fee and the highest possible early termination fee under the contract. (b) A provider of broadband internet access service on its own, or as part of a bundle, that complies with federal broadband consumer requirements, including the broadband consumer label, codified in 47 C.F.R. Sec. 8.2(a), and its affiliates and subsidiaries, shall be deemed compliant with this section for all services sold on their own or as part of that bundle. (Added by Stats. 2025, Ch. 557, Sec. 1. (AB 483) Effective January 1, 2026.)
  89. 17820.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. )

    Verify source ↗

    A seller using a fixed term installment contract entered into or modified on or after August 1, 2026, may not charge an early termination fee or similar fee above 30% of the total amount the consumer owes under the contract.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. ) ## 17820. A seller that uses a fixed term installment contract entered into or modified on or after August 1, 2026, shall not charge an early termination fee or any similar fee in an amount greater than 30 percent of the total sum for which the consumer is obligated under the fixed term installment contract, exclusive of the application of the termination fee. (Added by Stats. 2025, Ch. 557, Sec. 1. (AB 483) Effective January 1, 2026.)
  90. 17830.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. )

    Verify source ↗

    This section says the chapter cannot be read to bar a contract from requiring return of a good when the fixed term installment contract ends.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. ) ## 17830. This chapter shall not be interpreted to prohibit a contract from requiring the return of a good if the fixed term installment contract is terminated. (Added by Stats. 2025, Ch. 557, Sec. 1. (AB 483) Effective January 1, 2026.)
  91. 17840.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. )

    Verify source ↗

    This section says the chapter cannot be read to stop a buyer from paying off a fixed term installment contract early, before maturity.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. ) ## 17840. This chapter shall not be interpreted to prevent a buyer from paying the full remaining balance of a fixed term installment contract before its maturity. (Added by Stats. 2025, Ch. 557, Sec. 1. (AB 483) Effective January 1, 2026.)
  92. 17850.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. )

    Verify source ↗

    This section says the chapter does not apply to certain fixed-term installment contracts or to home improvement contracts.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. ) ## 17850. (a) The provisions of this chapter do not apply to a fixed term installment contract that is regulated by state or federal law providing greater protections to consumers than those provided by this chapter, including, but not limited to, a prohibition on early termination fees or a lower limit on early termination fee amounts. (b) The provisions of this chapter do not apply to a home improvement contract, as defined in Section 7151.2. (Added by Stats. 2025, Ch. 557, Sec. 1. (AB 483) Effective January 1, 2026.)
  93. 17860.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. )

    Verify source ↗

    A waiver of this chapter’s provisions is void and unenforceable.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 4. Fixed Term Installment Contracts [17800 - 17860] ( Chapter 4 added by Stats. 2025, Ch. 557, Sec. 1. ) ## 17860. Any waiver of the provisions of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. (Added by Stats. 2025, Ch. 557, Sec. 1. (AB 483) Effective January 1, 2026.)
  94. 17900.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    This section defines “fictitious business name” and explains that filing such a certificate is meant to make the identities of the people behind the name available to the public.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17900. (a) (1) The purpose of this section is to protect those dealing with individuals or partnerships doing business under fictitious names, and it is not intended to confer any right or advantage on individuals or firms that fail to comply with the law. The filing of a fictitious business name certificate is designed to make available to the public the identities of persons doing business under the fictitious name. (2) Nothing in this section shall be construed to impair or impede the rebuttable presumption described in Section 14411. (b) As used in this chapter, “fictitious business name” means: (1) In the case of an individual, a name that does not include the surname of the individual or a name that suggests the existence of additional owners, as described in subdivision (c). (2) In the case of a partnership or other association of persons, other than a limited partnership that has filed a certificate of limited partnership with the California Secretary of State pursuant to Section 15902.01 of the Corporations Code, a foreign limited partnership that has filed an application for registration with the California Secretary of State pursuant to Section 15909.02 of the Corporations Code, a registered limited liability partnership that has filed a registration pursuant to Section 16953 of the Corporations Code, or a foreign limited liability partnership that has filed an application for registration pursuant to Section 16959 of the Corporations Code, a name that does not include the surname of each general partner or a name that suggests the existence of additional owners, as described in subdivision (c) and in Section 17901. (3) In the case of a domestic or foreign corporation, any name other than the corporate name stated in its articles of incorporation filed with the California Secretary of State, in accordance with subdivision (a) of Section 17910.5. (4) In the case of a limited partnership that has filed a certificate of limited partnership with the California Secretary of State pursuant to Section 15902.01 of the Corporations Code and in the case of a foreign limited partnership that has filed an application for registration with the California Secretary of State pursuant to Section 15902.02 of the Corporations Code, any name other than the name of the limited partnership as on file with the California Secretary of State. (5) In the case of a limited liability company, any name other than the name stated in its articles of organization and in the case of a foreign limited liability company that has filed an application for registration with the California Secretary of State pursuant to Section 17708.02 of the Corporations Code, any name other than the name of the limited liability company as on file with the California Secretary of State, in accordance with subdivision (b) of Section 17910.5. (c) A name that suggests the existence of additional owners within the meaning of subdivision (b) is one that includes such words as “Company,” “& Company,” “& Son,” “& Sons,” “& Associates,” “Brothers,” and the like, but not words that merely describe the business being conducted. (Amended by Stats. 2012, Ch. 419, Sec. 2. (SB 323) Effective January 1, 2013. Operative January 1, 2014, by Sec. 32 of Ch. 419.)
  95. 17901.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    This section defines “general partner” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17901. As used in this chapter, “general partner” means: (a) In the case of a partnership, a general partner, as defined in Section 15901.02 of the Corporations Code. (b) In the case of an unincorporated association other than a partnership, a person interested in the business of the association whose liability with respect to the association is substantially the same as that of a general partner, as defined in Section 15901.02 of the Corporations Code. (Amended by Stats. 2014, Ch. 400, Sec. 17. (SB 1467) Effective January 1, 2015.)
  96. 17901.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    This chapter defines “manager” as a manager of a limited liability company.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17901.5. As used in this chapter, “manager” means a manager of a limited liability company. (Added by Stats. 1994, Ch. 1200, Sec. 3. Effective September 30, 1994.)
  97. 17902.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    For this chapter, “person” means individuals, LLCs, partnerships, other associations, and corporations.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17902. As used in this chapter, “person” includes individuals, limited liability companies, partnerships and other associations, and corporations. (Amended by Stats. 1994, Ch. 1200, Sec. 4. Effective September 30, 1994.)
  98. 17903.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    This section defines “registrant” as a person or entity that is filing or has filed a fictitious business name statement and is the legal owner of the business.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17903. As used in this chapter, “registrant” means a person or entity who is filing or has filed a fictitious business name statement, and who is the legal owner of the business. (Amended by Stats. 2007, Ch. 716, Sec. 2. Effective January 1, 2008.)
  99. 17905.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    The Sacramento County Board of Supervisors may, by resolution, designate another county officer to perform the county clerk’s duties for this chapter in Sacramento County.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17905. The Sacramento County Board of Supervisors may, by resolution, designate another county officer to perform the duties of the county clerk pursuant to this chapter in and for the County of Sacramento. (Added by Stats. 2014, Ch. 201, Sec. 3. (SB 1462) Effective January 1, 2015.)
  100. 17910.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    Businesses operating for profit under a fictitious business name must file a fictitious business name statement within 40 days of starting, and must file a new statement after a change in facts or when refiling.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17910. Every person who regularly transacts business in this state for profit under a fictitious business name shall do all of the following: (a) File a fictitious business name statement in accordance with this chapter not later than 40 days from the time the registrant commences to transact such business. (b) File a new statement after any change in the facts, in accordance with subdivision (b) of Section 17920. (c) File a new statement when refiling a fictitious business name statement. (Amended by Stats. 2007, Ch. 716, Sec. 3. Effective January 1, 2008.)
  101. 17910.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    A person generally may not use certain company-style words in a fictitious business name unless the person is actually the matching type of entity, and a county clerk may not accept a statement that violates this rule.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17910.5. (a) No person shall adopt any fictitious business name which includes “Corporation,” “Corp.,” “Incorporated,” or “Inc.” unless that person is a corporation organized pursuant to the laws of this state or some other jurisdiction. (b) No person shall adopt any fictitious business name that includes “Limited Liability Company” or “LLC” or “LC” unless that person is a limited liability company organized pursuant to the laws of this state or some other jurisdiction. A person is not prohibited from using the complete words “Limited” or “Company” or their abbreviations in the person’s business name as long as that use does not imply that the person is a limited liability company. (c) A county clerk shall not accept a fictitious business name statement which would be in violation of this section. (Amended by Stats. 2001, Ch. 728, Sec. 64. Effective January 1, 2002.)
  102. 17911.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    This chapter does not apply to nonprofit corporations or associations, including groups like churches, labor unions, charitable organizations, and foundations.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17911. This chapter does not apply to a nonprofit corporation or association, including, but not limited to, organizations such as churches, labor unions, fraternal and charitable organizations, foundations, and similar organizations. (Amended by Stats. 2007, Ch. 716, Sec. 4. Effective January 1, 2008.)
  103. 17912.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    This chapter does not apply to certain real estate investment trusts if they have a required statement on file or have qualified to do business under the Corporations Code.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17912. This chapter does not apply to a real estate investment trust as defined in Section 23000 of the Corporations Code that has a statement on file, pursuant to Section 18200 of the Corporations Code, designating an agent for service of process or has qualified to do business under Chapter 21 (commencing with Section 2100) of Division 1 of the Corporations Code. (Amended by Stats. 2004, Ch. 178, Sec. 1. Effective January 1, 2005.)
  104. 17913.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    Section 17913 requires a fictitious business name statement to include specified information and be signed as true and correct.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17913. (a) The fictitious business name statement shall contain all of the information required by this subdivision and shall be substantially in the following form: FICTITIOUS BUSINESS NAME STATEMENT The following person (persons) is (are) doing business as * at ** : *** This business is conducted by **** The registrant commenced to transact business under the fictitious business name or names listed above on ***** I declare that all information in this statement is true and correct. (A registrant who declares as true any material matter pursuant to Section 17913 of the Business and Professions Code that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000).) Registrant signature Statement filed with the County Clerk of ____ County on NOTICE—IN ACCORDANCE WITH SUBDIVISION (a) OF SECTION 17920, A FICTITIOUS NAME STATEMENT GENERALLY EXPIRES AT THE END OF FIVE YEARS FROM THE DATE ON WHICH IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK, EXCEPT, AS PROVIDED IN SUBDIVISION (b) OF SECTION 17920, WHERE IT EXPIRES 40 DAYS AFTER ANY CHANGE IN THE FACTS SET FORTH IN THE STATEMENT PURSUANT TO SECTION 17913. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED BEFORE THE EXPIRATION. THE FILING OF THIS STATEMENT DOES NOT OF ITSELF AUTHORIZE THE USE IN THIS STATE OF A FICTITIOUS BUSINESS NAME IN VIOLATION OF THE RIGHTS OF ANOTHER UNDER FEDERAL, STATE, OR COMMON LAW (SEE SECTION 14411 ET SEQ., BUSINESS AND PROFESSIONS CODE). (b) The fictitious business name statement shall contain the following information set forth in the manner indicated in the form provided by subdivision (a): (1) Where the asterisk (*) appears in the form, insert the fictitious business name or names. Only those businesses operated at the same address and under the same ownership may be listed on one fictitious business name statement. (2) Where the two asterisks (**) appear in the form: If the registrant has a place of business in this state, insert the street address, and county, of the registrant’s principal place of business in this state. If the registrant has no place of business in this state, insert the street address, and county, of the registrant’s principal place of business outside this state. (3) Where the three asterisks (***) appear in the form: If the registrant is an individual, insert the registrant’s full name and business mailing address if it differs from the business address. If the registrants are a married couple, insert the full name and business mailing address of both parties to the marriage if it differs from the business address. If the registrant is a general partnership, copartnership, joint venture, or limited liability partnership, insert the full name and business mailing address of each general partner if it differs from the business address. If the registrant is a limited partnership, insert the full name and business mailing address of each general partner. If the registrant is a limited liability company, insert the name and business mailing address of the limited liability company, as set out in its articles of organization on file with the California Secretary of State, and the state of organization. If the registrant is a trust, insert the full name and business mailing address of each trustee. If the registrant is a corporation, insert the name and address of the corporation, as set out in its articles of incorporation on file with the California Secretary of State, and the state of incorporation. If the registrants are state or local registered domestic partners, insert the full name and business mailing address of each domestic partner if it differs from the business address. If the registrant is an unincorporated association other than a partnership, insert the name of each person who is interested in the business of the association and whose liability with respect to the association is substantially the same as that of a general partner. (4) Where the four asterisks (****) appear in the form, insert whichever of the following best describes the nature of the business: (i) “an individual,” (ii) “a general partnership,” (iii) “a limited partnership,” (iv) “a limited liability company,” (v) “an unincorporated association other than a partnership,” (vi) “a corporation,” (vii) “a trust,” (viii) “copartners,” (ix) “a married couple,” (x) “joint venture,” (xi) “state or local registered domestic partners,” or (xii) “a limited liability partnership.” (5) Where the five asterisks (*****) appear in the form, insert the date on which the registrant first commenced to transact business under the fictitious business name or names listed, if already transacting business under that name or names. If the registrant has not yet commenced to transact business under the fictitious business name or names listed, insert the statement, “Not applicable.” (c) The registrant shall declare that all of the information in the fictitious business name statement is true and correct. A registrant who declares as true any material matter pursuant to this section that the registrant knows to be false is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). (d) (1) At the time of filing of the fictitious business name statement, the registrant filing on behalf of the registrant shall present personal identification in the form of a California driver’s license or other government identification acceptable to the county clerk to adequately determine the identity of the registrant filing on behalf of the registrant as provided in subdivision (e) and the county clerk may require the registrant to complete and sign an affidavit of identity. (2) In the case of a registrant utilizing an agent for submission of the registrant’s fictitious business name statement for filing, at the time of filing of the fictitious business name statement, the agent filing on behalf of the registrant shall present personal identification in the form of a California driver’s license or other government identification acceptable to the county clerk to adequately determine the identity of the agent filing on behalf of the registrant as provided in subdivision (e). The county clerk may also require the agent to submit a notarized statement signed by the registrant declaring the registrant has authorized the agent to submit the filing on behalf of the registrant. (e) If the registrant is a corporation, a limited liability company, a limited partnership, or a limited liability partnership, the county clerk may require documentary evidence issued by the California Secretary of State and deemed acceptable by the county clerk, indicating the current existence and good standing of that business entity to be attached to a completed and notarized affidavit of identity, for purposes of subdivision (d). (f) (1) The county clerk may require a registrant that mails a fictitious business name statement to a county clerk’s office for filing to submit a completed and notarized affidavit of identity. A registrant that is a corporation, limited liability company, limited partnership, or limited liability partnership, if required by the county clerk to submit an affidavit of identity, shall also submit documentary evidence issued by the California Secretary of State indicating the current existence and good standing of that business entity. (2) The county clerk may accept an electronic acknowledgment verifying the identity of the registrant using a remote identity proofing process ensuring the registrant’s identification. The identity proofing process shall follow, to the extent reasonable, the federal guidelines for security and privacy and shall include dynamic knowledge-based authentication or an identity proofing method consistent with, at least, level 3 identity assurance, as described in the electronic authentication guidelines of the National Institute of Standards and Technology. (g) A county clerk that chooses to establish procedures pursuant to this section shall prescribe the form of affidavit of identity for filing by a registrant in that county. (Amended by Stats. 2024, Ch. 497, Sec. 77. (SB 1526) Effective January 1, 2025.)
  105. 17914.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A fictitious business name statement must be signed by the person or type of person listed for the registrant’s business form.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17914. The fictitious business name statement shall be signed as follows: (a) If the registrant is an individual, by the individual. (b) If the registrants are a married couple, by either party to the marriage. (c) If the registrant is a general partnership, limited partnership, limited liability partnership, copartnership, joint venture, or unincorporated association other than a partnership, by a general partner. (d) If the registrant is a limited liability company, by a manager or officer. (e) If the registrant is a trust, by a trustee. (f) If the registrant is a corporation, by an officer. (g) If the registrant is a state or local registered domestic partnership, by one of the domestic partners. (Amended by Stats. 2014, Ch. 400, Sec. 19. (SB 1467) Effective January 1, 2015.)
  106. 17915.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A fictitious business name statement must be filed with the county clerk where the registrant’s principal place of business is located, or with the Clerk of Sacramento County if the registrant has no place of business in California.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17915. A fictitious business name statement shall be filed with the clerk of the county in which the registrant has his or her principal place of business in this state or, if the registrant has no place of business in this state, with the Clerk of Sacramento County. This chapter does not preclude a person from filing a fictitious business name statement in a county other than that where the principal place of business is located, as long as the requirements of this section are also met. (Amended by Stats. 2008, Ch. 179, Sec. 24. Effective January 1, 2009.)
  107. 17916.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    The county clerk must note filing details on the copy and certify and deliver it to the registrant or the registrant’s agent; the clerk may also use remote identity proofing.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17916. Presentation for filing of an original fictitious business name statement and one copy of the statement, with proper identification, accompanied by a completed and notarized affidavit of identity, if required by the county clerk, and other documents required in accordance with Section 17913, payment of the filing fee, and acceptance of the statement by the county clerk constitute filing under this chapter. The county clerk shall note on the copy the file number, the date of filing the original, and the date of expiration and shall certify and deliver the copy to the registrant or the registrant’s agent. A county clerk may use a remote identity proofing process as described in subdivision (f) of Section 17913 for purposes of this section. (Amended by Stats. 2019, Ch. 15, Sec. 2. (AB 716) Effective January 1, 2020.)
  108. 17917.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A registrant must publish the required fictitious business name statement within 45 days of filing, and later file an affidavit of publication with the county clerk within 45 days after publication ends.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17917. (a) Within 45 days after a fictitious business name statement has been filed pursuant to this chapter, the registrant shall cause a statement in the form prescribed by subdivision (a) of Section 17913 to be published pursuant to Section 6064 of the Government Code in a newspaper of general circulation in the county where the fictitious business name statement was filed or, if there is no such newspaper in that county, in a newspaper of general circulation in an adjoining county. If the registrant does not have a place of business in this state, the notice shall be published in a newspaper of general circulation in Sacramento County. (b) Subject to the requirements of subdivision (a), the newspaper selected for the publication of the statement should be one that circulates in the area where the business is to be conducted. (c) If a refiling is required because the prior statement has expired, the refiling need not be published unless there has been a change in the information required in the expired statement, provided the refiling is filed within 40 days of the date the statement expired. (d) An affidavit showing the publication of the statement shall be filed with the county clerk where the fictitious business name statement was filed within 45 days after the completion of the publication. (Amended by Stats. 2022, Ch. 511, Sec. 72. (SB 1495) Effective January 1, 2023.)
  109. 17918.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A person doing business under a fictitious business name, or that person’s assignee, cannot sue on contracts or transactions in that name until the required fictitious business name statement has been executed, filed, and published.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17918. No person transacting business under a fictitious business name contrary to the provisions of this chapter, or his assignee, may maintain any action upon or on account of any contract made, or transaction had, in the fictitious business name in any court of this state until the fictitious business name statement has been executed, filed, and published as required by this chapter. For the purposes of this section, the failure to comply with subdivision (b) of Section 17917 does not constitute transacting business contrary to the provisions of this chapter. (Added by Stats. 1970, Ch. 618.)
  110. 17919.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    Certain people may file a fictitious business name statement after bankruptcy, death, conservatorship, or a business transfer, and the statement must follow specific form and signature requirements.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17919. (a) A fictitious business name statement may be executed, filed, and published by the trustee in bankruptcy at any time after bankruptcy where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due to the debtor or bankruptcy estate or the partnership of which the debtor or bankruptcy estate was a member. (b) A fictitious business name statement may be executed, filed, and published by the conservator, executor, or administrator at any time after the appointment of a conservator for or death of any individual or partner where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due the conservatee or deceased person or the partnership of which they were a member. (c) A fictitious business name statement may be executed, filed, and published by an assignee or purchaser of the business at any time after the assignment or sale where a failure to comply with the provisions of this chapter would otherwise preclude the maintenance of an action to recover any sums due to the assignee or purchaser by reason of the assignment or sale. (d) The fictitious business name statement referred to in this section shall be in substantially the same form as prescribed in Section 17913, except: (1) The person or persons who were doing business under the fictitious business name shall be stated as such person or persons existed (i) immediately before the bankruptcy, conservatorship, or death or the assignment or sale of the business or (ii) at the time they ceased to do business under the fictitious business name, whichever is the earlier time. (2) The statement shall include the following additional sentence: “This statement has been executed pursuant to Section 17919 of the Business and Professions Code.” (3) The person executing the statement shall (i) sign the statement on behalf of the person or persons formerly doing business under the fictitious business name, (ii) state their full name and the street address of their place of business or, if they have none, of their business mailing address, and (iii) indicate whether they are a trustee in bankruptcy, conservator, executor, or administrator or assignee or purchaser of the business. (Amended by Stats. 2023, Ch. 20, Sec. 2. (AB 878) Effective January 1, 2024.)
  111. 17920.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A fictitious business name statement normally expires after five years, but it can expire sooner if the facts change, or if the registrant files a statement of abandonment.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17920. (a) Unless the statement expires earlier under subdivision (b) or (c), a fictitious business name statement expires five years from the date it was filed in the office of the county clerk. (b) Except as provided in Section 17923, a fictitious business name statement expires 40 days after any change in the facts set forth in the statement pursuant to Section 17913. (c) A fictitious business name statement expires when the registrant files a statement of abandonment of the fictitious business name described in the statement. (Amended by Stats. 2023, Ch. 20, Sec. 3. (AB 878) Effective January 1, 2024.)
  112. 17921.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

    Verify source ↗

    The fictitious business name statement form must include notice of the date of expiration.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17921. Notice of the date of expiration shall be on the fictitious business name statement form. (Amended by Stats. 1983, Ch. 581, Sec. 3.)
  113. 17922.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A registrant who stops doing business under a fictitious business name filed in the last five years must file an abandonment statement with the county clerk, publish it, and later file proof of publication.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17922. (a) Upon ceasing to transact business in this state under a fictitious business name that was filed in the previous five years, a registrant who has filed a fictitious business name statement shall file a statement of abandonment of use of fictitious business name. The statement of abandonment shall be executed in the same manner as a fictitious business name statement, excluding the requirements of subdivisions (d), (e), and (f) of Section 17913 and shall be filed with the county clerk of the county in which the registrant has filed the fictitious business name statement. The statement shall be published in the same manner as a fictitious business name statement and an affidavit showing its publication shall be filed with the county clerk after the completion of publication. (b) The statement shall include: (1) The name being abandoned and the street address of the principal place of business. (2) The date on which the fictitious business name statement relating to the fictitious business name being abandoned was filed, the file number, and the county where filed. (3) In the case of an individual, the full name and business mailing address of the individual. (4) In the case of a married couple, the full name and business mailing address of both parties to the marriage. (5) In the case of a general partnership, a limited partnership, copartners, a limited liability partnership, a joint venture, or an unincorporated association other than a partnership, the full names and business mailing addresses of all of the general partners. (6) In the case of a corporation, the name and address of the corporation as set forth in its articles of incorporation on file with the California Secretary of State. (7) In the case of a trust, the full name and business mailing address of each of the trustees. (8) In the case of a limited liability company, the name and address of the limited liability company as set forth in its articles of organization on file with the California Secretary of State. (9) In the case of state or local registered domestic partners, the full name and business mailing address of each domestic partner. (Amended by Stats. 2023, Ch. 20, Sec. 4. (AB 878) Effective January 1, 2024.)
  114. 17923.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A withdrawing general partner may file a statement of withdrawal, and must file it with the county clerk; the statement must also be published and an affidavit of publication filed.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17923. (a) Any registrant who is a general partner in a partnership that is or has been regularly transacting business under a fictitious business name may, upon withdrawing as a general partner, file a statement of withdrawal from the partnership operating under a fictitious business name. The statement of withdrawal shall be executed by the registrant filing the statement in the same manner as a fictitious business name statement, excluding the requirements of subdivisions (d), (e), and (f) of Section 17913, and shall be filed with the county clerk of the county where the partnership filed its fictitious business name statement. (b) The statement shall include: (1) The fictitious business name of the partnership. (2) The date on which the fictitious business name statement for the partnership was filed, the file number, and the county where filed. (3) The street address of its principal place of business in this state or, if it has no place of business in this state, the street address of its principal place of business outside this state, if any. (4) The full names and business mailing addresses of the registrant or registrants withdrawing as partners. (c) The statement of withdrawal from the partnership operating under a fictitious business name shall be published in the same manner as the fictitious business name statement and an affidavit showing the publication of the statement shall be filed with the county clerk after the completion of the publication. (d) The withdrawal of a general partner does not cause a fictitious business name statement to expire if the withdrawing partner files a statement of withdrawal meeting the requirements of this section. (Amended by Stats. 2023, Ch. 20, Sec. 5. (AB 878) Effective January 1, 2024.)
  115. 17924.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    The county clerk must provide a free form, and the form must include certain required statements. A person who knowingly files, executes, or publishes a false fictitious business name statement commits a misdemeanor and may be fined up to $1,000.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17924. (a) The county clerk shall furnish without charge a form satisfying the requirements of subdivision (a) of Section 17913. The form prepared by the county clerk, or the material provided by him with the form, shall include statements substantially as follows: (1) “Your fictitious business name statement must be published in a newspaper once a week for four successive weeks and an affidavit of publication filed with the county clerk when publication has been accomplished. The statement should be published in a newspaper of general circulation in the county where the principal place of business is located. The statement should be published in such county in a newspaper that circulates in the area where the business is to be conducted (Business and Professions Code Section 17917).” (2) “Any person who executes, files, or publishes any fictitious business name statement, knowing that such statement is false, in whole or in part, is guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one thousand dollars ($1,000) (Business and Professions Code Section 17930).” These statements do not constitute a part of the fictitious business name statement and are not required to be published pursuant to Section 17917. (b) The county clerk may furnish without charge forms meeting the requirements for a statement of abandonment of use of a fictitious business name and a statement of withdrawal from partnership operating under a fictitious business name. (Amended by Stats. 2004, Ch. 118, Sec. 2. Effective January 1, 2005.)
  116. 17925.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    The county clerk must keep index records that let people determine whether certain fictitious business name statements, abandonment statements, or withdrawal statements are on file, and may remove related information four years after a statement expires.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17925. (a) The county clerk shall maintain one or more indices which permit the determination of at least the following information: (1) Whether any business using a specific fictitious business name has on file a fictitious business name statement setting forth such name and, if so, the file number of the statement. (2) Whether any individual, general partner, or corporation is listed in any fictitious business name statement on file and, if so, the file number of the statement. (3) Whether a statement of abandonment of use of a specific business name is on file and, if so, the file number of the statement of abandonment. (4) Whether a statement of withdrawal from a partnership operating under fictitious business name is on file and, if so, the file number of the statement of withdrawal. (b) Four years after a fictitious business name statement has expired, the county clerk may delete the information concerning that statement from the index, including any references to statements of abandonment of use, statements of withdrawal of partnerships, or any other references related to a fictitious business name statement which is being deleted from the index. (Amended by Stats. 1986, Ch. 162, Sec. 1.)
  117. 17926.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    The county clerk must provide a certified copy of a statement to anyone who requests one, for $2.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17926. (a) As used in this section, “statement” means a fictitious business name statement, a statement of abandonment of use of fictitious business name, or a statement of withdrawal from partnership operating under fictitious business name. (b) For a fee of two dollars ($2), the county clerk shall provide any person who so requests a certified copy of any statement on file in his or her office. (c) A copy of a statement, when certified as provided in subdivision (b), establishes a rebuttable presumption of all of the following: (1) The existence of the original statement. (2) The execution of the statement by the person by whom it purports to have been executed. (3) The truth of the information required by Sections 17913, 17922, or 17923 that is contained in the statement. (d) The presumptions established by subdivision (c) are presumptions affecting the burden of producing evidence. (e) All of the provisions of this section are subject to Section 54985 of the Government Code. (Amended by Stats. 2007, Ch. 716, Sec. 11. Effective January 1, 2008.)
  118. 17927.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    The county clerk must mark fictitious business name filings with a file number and filing date, keep the original on file, and may later destroy or replace records with copies under specified conditions.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17927. (a) The county clerk shall mark each fictitious business name statement with a file number and the date of filing and shall retain the original statement for his or her file. He or she may destroy or otherwise dispose of the statement, including proof of publication, affidavit of identity statement, the additional documents required by subdivisions (d), (e), and (f) of Section 17913, and any other references related to the fictitious business name statement, four years after the statement expires. (b) The county clerk shall mark each statement of abandonment of use of fictitious business name or statement of withdrawal from partnership operating under fictitious business name with a file number and the date of filing. He or she may destroy or otherwise dispose of the statement at the same time the fictitious business name statement to which it relates is destroyed pursuant to subdivision (a). (c) In lieu of retaining the original statement, proof of publication, affidavit of identity statement, and additional documents that may be required pursuant to subdivisions (d), (e), and (f) of Section 17913, and any other documents pertaining to the fictitious business statement on file, the county clerk may retain a copy of the statement in accordance with Section 26205.1 of the Government Code. (d) This section shall become operative on January 1, 2014. (Repealed (in Sec. 9) and added by Stats. 2012, Ch. 368, Sec. 10. (AB 1325) Effective January 1, 2013. Section operative January 1, 2014, by its own provisions.)
  119. 17928.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    The county clerk may provide requested filing summaries or compilations if the requester prepays the fee.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17928. (a) Upon prepayment of the fee established pursuant to subdivision (b), the county clerk may furnish to any person who so requests daily or less frequent summaries or compilations of filings under this chapter. (b) The fee for furnishing information under this section shall be fixed by the county clerk with the approval of the county board of supervisors and shall be sufficient to pay at least the actual cost of furnishing such information. (Added by Stats. 1970, Ch. 618.)
  120. 17929.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    This section sets filing fees for fictitious business name statements and related filings, and says the county clerk does not need to keep a returned expiration notice if the USPS marks it undeliverable.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17929. (a) The fee for filing a fictitious business name statement is ten dollars ($10) for the first fictitious business name and owner and two dollars ($2) for each additional fictitious business name or owner filed on the same statement and doing business at the same location. This fee covers the cost of filing and indexing the statement (and any affidavit of publication), the cost of furnishing one certified copy of the statement to the registrant filing the statement, acceptance, verification, and maintenance of the affidavit of identity statement and other documents or actions that may be required pursuant to subdivisions (d), (e), and (f) of Section 17913, and the cost for notifying registrants of the pending expiration of their fictitious business name statement. (b) The fee for filing a statement of abandonment of use of a fictitious business name is five dollars ($5). This fee covers the cost of filing and indexing the statement, the cost of any affidavit of publication, and the cost of furnishing one certified copy of the statement to the registrant filing the statement. (c) The fee for filing a statement of withdrawal from partnership operating under a fictitious business name is five dollars ($5). This fee covers the cost of filing and indexing the statement, the cost of any affidavit of publication, and the cost of furnishing one certified copy of the statement to the registrant filing the statement. (d) All of the provisions of this section are subject to Section 54985 of the Government Code. (e) If the notice of pending expiration, as described in subdivision (a), is returned to the county clerk by the United States Postal Service as undeliverable, the county clerk is not required to retain the returned notice of pending expiration. (f) This section shall become operative on January 1, 2014. (Repealed (in Sec. 11) and added by Stats. 2012, Ch. 368, Sec. 12. (AB 1325) Effective January 1, 2013. Section operative January 1, 2014, by its own provisions.)
  121. 17930.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. )

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    A person who knowingly files, executes, or publishes a false statement under this chapter commits a misdemeanor and may be fined up to $1,000.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 5. Fictitious Business Names [17900 - 17930] ( Chapter 5 added by Stats. 1970, Ch. 618. ) ## 17930. Any person who executes, files, or publishes any statement under this chapter, knowing that such statement is false, in whole or in part, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed one thousand dollars ($1,000). (Amended by Stats. 1983, Ch. 1092, Sec. 55. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  122. 17940.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. )

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    This section defines key terms used in the chapter, including “bot,” “online,” “online platform,” and “person.”

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. ) ## 17940. For purposes of this chapter: (a) “Bot” means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person. (b) “Online” means appearing on any public-facing Internet Web site, Web application, or digital application, including a social network or publication. (c) “Online platform” means any public-facing Internet Web site, Web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months. (d) “Person” means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination thereof. (Added by Stats. 2018, Ch. 892, Sec. 1. (SB 1001) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 17943.)
  123. 17941.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. )

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    Using a bot to communicate or interact online with someone in California is unlawful if it is done to mislead them about the bot’s artificial identity for deceptive purposes tied to a commercial transaction or an election. Disclosure that it is a bot creates an exception.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. ) ## 17941. (a) It shall be unlawful for any person to use a bot to communicate or interact with another person in California online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this section if the person discloses that it is a bot. (b) The disclosure required by this section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. (Added by Stats. 2018, Ch. 892, Sec. 1. (SB 1001) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 17943.)
  124. 17942.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. )

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    This chapter’s duties and obligations are cumulative with other laws, the chapter is severable, and it does not impose a duty on online platform service providers such as web hosting and internet service providers.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. ) ## 17942. (a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligation imposed by any other law. (b) The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (c) This chapter does not impose a duty on service providers of online platforms, including, but not limited to, Web hosting and Internet service providers. (Added by Stats. 2018, Ch. 892, Sec. 1. (SB 1001) Effective January 1, 2019. Operative July 1, 2019, pursuant to Section 17943.)
  125. 17943.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. )

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    This chapter becomes operative on July 1, 2019.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 3. REPRESENTATIONS TO THE PUBLIC [17500 - 17943] ( Part 3 added by Stats. 1941, Ch. 63. ) ## CHAPTER 6. Bots [17940 - 17943] ( Chapter 6 added by Stats. 2018, Ch. 892, Sec. 1. ) ## 17943. This chapter shall become operative on July 1, 2019. (Added by Stats. 2018, Ch. 892, Sec. 1. (SB 1001) Effective January 1, 2019.)
  126. 18.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    “City” includes city and county.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 18. “City” includes city and county. (Enacted by Stats. 1937, Ch. 399.)
  127. 1800.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. )

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    A dental corporation may practice dentistry if it complies with the listed corporate and regulatory requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. ) ## 1800. A dental corporation is a corporation that is authorized to render professional services, as defined in Sections 13401 and 13401.5 of the Corporations Code, if that corporation, its shareholders, officers, directors, and employees rendering professional services who are dentists, physicians and surgeons, dental assistants, registered dental assistants, registered dental assistants in extended functions, registered dental hygienists, registered dental hygienists in extended functions, or registered dental hygienists in alternative practice are in compliance with the Moscone-Knox Professional Corporation Act (Part 4 (commencing with Section 13400) of Division 3 of Title 1 of the Corporations Code), this article, and other statutes, rules, and regulations applicable to a dental corporation and the conduct of its affairs. Subject to all applicable statutes, rules, and regulations, a dental corporation is entitled to practice dentistry. With respect to a dental corporation, the governmental agency referred to in the Moscone-Knox Professional Corporation Act is the Dental Board of California. (Amended by Stats. 2003, Ch. 549, Sec. 1. Effective January 1, 2004.)
  128. 18000.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 4. MICROENTERPRISES [18000 - 18001] ( Part 4 added by Stats. 2004, Ch. 87, Sec. 2. )

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    This section defines “microenterprise” and “microenterprise development provider” for this part of the code.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 4. MICROENTERPRISES [18000 - 18001] ( Part 4 added by Stats. 2004, Ch. 87, Sec. 2. ) ## 18000. (a) For purposes of this part, “microenterprise” means a sole proprietorship, partnership, limited liability company, or corporation that meets both of the following requirements: (1) Has five or fewer employees, including the owner, who may be part time or full time. (2) Generally lacks sufficient access to loans, equity, or other financial capital. (b) For purposes of this part, “microenterprise development provider” means a nonprofit organization or public agency that provides self-employment training, technical assistance, and access to microloans to individuals seeking to become self-employed or to a microenterprise seeking to expand its current business. (Amended by Stats. 2014, Ch. 101, Sec. 1. (AB 674) Effective January 1, 2015.)
  129. 18001.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 4. MICROENTERPRISES [18000 - 18001] ( Part 4 added by Stats. 2004, Ch. 87, Sec. 2. )

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    Cities, counties, and certain California public agencies are encouraged to support microenterprise development.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 4. MICROENTERPRISES [18000 - 18001] ( Part 4 added by Stats. 2004, Ch. 87, Sec. 2. ) ## 18001. (a) Every city, county, and city and county is encouraged to access microenterprise development in order to create new jobs and income opportunities for individuals of low and moderate income. (b) Every city, county, and city and county is encouraged to include microenterprise development as a part of their economic development strategy. (c) California communities and the public agencies that serve them, such as workforce investment boards, community colleges, and local economic development agencies, are encouraged to promote local partnerships that invest in microenterprise development. (Added by Stats. 2004, Ch. 87, Sec. 2. Effective January 1, 2005.)
  130. 1804.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. )

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    A dental corporation’s name, and any name it uses when providing professional services, must include “dental corporation” or wording/abbreviations showing corporate existence.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. ) ## 1804. Notwithstanding subdivision (i) of Section 1680 and paragraph (7) of subdivision (a) of Section 1701, the name of a dental corporation and any name or names under which it may be rendering professional services shall include the words “dental corporation” or wording or abbreviations denoting corporate existence. (Amended by Stats. 2024, Ch. 483, Sec. 66. (SB 1453) Effective January 1, 2025.)
  131. 1805.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. )

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    A dental corporation’s directors, shareholders, and officers generally must be licensed persons, subject to stated Corporations Code exceptions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. ) ## 1805. Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each director, shareholder, and officer of a dental corporation shall be a licensed person as defined in the Moscone-Knox Professional Corporation Act. (Amended by Stats. 2003, Ch. 549, Sec. 2. Effective January 1, 2004.)
  132. 1806.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. )

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    A dental corporation’s income from professional services performed while a shareholder is a disqualified person may not benefit that shareholder or the shareholder’s shares.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. ) ## 1806. The income of a dental corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Moscone-Knox Professional Corporation Act) shall not in any manner accrue to the benefit of that shareholder or his or her shares in the dental corporation. (Amended by Stats. 1997, Ch. 168, Sec. 6. Effective January 1, 1998.)
  133. 1807.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. )

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    A dental corporation must not engage in conduct that would be unprofessional conduct, and it must follow the same practice rules that apply to a licensed person. The board can suspend, revoke, or discipline a dental corporation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. ) ## 1807. A dental corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any statute, rule or regulation now or hereafter in effect. In the conduct of its practice, it shall observe and be bound by such statutes, rules and regulations to the same extent as a person holding a license under Section 1634 of this code. The board shall have the same powers of suspension, revocation and discipline against a dental corporation as are now or hereafter authorized by Section 1670 of this code, or by any other similar statute against individual licensees, provided, however, that proceedings against a dental corporation 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 board shall have all the powers granted therein. (Added by Stats. 1968, Ch. 1375.)
  134. 1808.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. )

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    The board may issue rules for dental corporations, including rules that require certain stock to be sold and that require adequate insurance or other security for patient claims.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 8. Dental Corporations [1800 - 1808] ( Article 8 added by Stats. 1968, Ch. 1375. ) ## 1808. The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article and the Moscone-Knox Professional Corporation Act, including rules and regulations requiring (a) that the articles of incorporation or bylaws of a dental corporation shall include a provision whereby the capital stock of that corporation owned by a disqualified person (as defined in the Moscone-Knox Professional Corporation Act), or a deceased person, shall be sold to the corporation or to the remaining shareholders of that corporation within the time as the rules and regulations may provide, and (b) that a dental corporation shall provide adequate security by insurance or otherwise for claims against it by its patients arising out of the rendering of professional services. (Amended by Stats. 1997, Ch. 168, Sec. 7. Effective January 1, 1998.)
  135. 18100.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

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    This section names the part as the Freelance Worker Protection Act and says it is effective January 1, 2025.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18100. This part shall be known, and may be cited, as the Freelance Worker Protection Act. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  136. 18101.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

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    This section defines key terms for Part 5, including “freelance worker” and “hiring party,” and sets a $250 and 120-day aggregation threshold for the freelance worker definition.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18101. For purposes of this part, the following definitions apply: (a) “Freelance worker” means a person or organization composed of no more than one person, whether or not incorporated or employing a trade name, that is hired or retained as a bona fide independent contractor by a hiring party to provide professional services in exchange for an amount equal to or greater than two hundred and fifty dollars ($250), either by itself or when aggregated with all contracts for services between the same hiring party and independent contractor during the immediately preceding 120 days. (b) “Hiring party” means a person or organization in the State of California that retains a freelance worker to provide professional services, except any of the following: (1) The United States government. (2) The State of California or any subdivision thereof. (3) A foreign government. (4) An individual hiring services for the personal benefit of themselves, their family members, or their homestead. (c) “Professional services” has the same meaning as paragraph (2) of subdivision (b) of Section 2778 of the Labor Code. (d) “Public prosecutor” has the same meaning as Section 180 of the Labor Code. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  137. 18102.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

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    A hiring party must pay a freelance worker the contract amount on time, and if no payment date is stated, no later than 30 days after the services are completed. After work starts, the hiring party cannot make timely payment conditional on the worker accepting less pay or giving extra goods, services, or intellectual property rights.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18102. (a) Except as otherwise provided by law, a hiring party shall pay a freelance worker the compensation specified by a contract for professional services: (1) On or before the date compensation is due pursuant to the contract. (2) If the contract does not specify when the hiring party shall pay, no later than 30 days after the completion of the freelance worker’s services under the contract. (b) Once a freelance worker has commenced performance of services under a contract, a hiring party shall not require as a condition of timely payment that the freelance worker do either of the following: (1) Accept less compensation than the amount of compensation specified by the contract. (2) Provide more goods or services or grant more intellectual property rights than agreed to in the contract. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  138. 18103.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

    Verify source ↗

    When a hiring party uses a freelance worker, the contract must be written, a signed copy must be given to the worker, and the contract must be kept for at least four years.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18103. (a) Whenever a hiring party retains the services of a freelance worker, the contract between the hiring party and the freelance worker shall be in writing. The hiring party shall furnish a signed copy of the written contract, either physically or electronically, to the freelance worker. The hiring party shall retain the contract for no less than four years. (b) The contract shall include, at minimum, all of the following information: (1) The name and mailing address of each party. (2) An itemized list of all services to be provided by the freelance worker, including the value of those services and the rate and method of compensation. (3) The date on which the hiring party shall pay the contracted compensation or the mechanism by which the date shall be determined. (4) The date by which a freelance worker shall submit a list of services rendered under the contract to the hiring party to meet the hiring party’s internal processing deadlines for purposes of timely payment of compensation. (c) This section does not limit existing contract law, including, but not limited to, that it does not prevent a freelance worker from enforcing an oral contract or recovering under the doctrine of promissory estoppel. Notwithstanding a refusal by the hiring party to provide a written contract as required by subdivision (a), the following may be evidence that a contract was formed between the parties: (1) The hiring party made representations to the freelance worker regarding the rate for services to be performed. (2) The freelance worker provided in writing any document to the hiring party, including email, text message, or other electronic communication, a summary of the rate and work to be performed prior to performing the work. (3) The freelance worker performed the work that the freelance worker understood was to be performed. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  139. 18104.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

    Verify source ↗

    A waiver of any provision in this part is treated as against public policy and is void and unenforceable.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18104. A waiver of any provision in this part shall be deemed contrary to public policy and is void and unenforceable. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  140. 18105.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

    Verify source ↗

    A hiring party must not retaliate against a freelance worker for opposing prohibited practices, participating in enforcement proceedings, or asserting rights under this part.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18105. A hiring party shall not discriminate or take any adverse action against a freelance worker that penalizes a freelance worker for, or is reasonably likely to deter a freelance worker from, taking any of the following actions: (a) Opposing any practice prohibited by this part. (b) Participating in proceedings related to the enforcement of this part. (c) Seeking to enforce rights provided by this part. (d) Otherwise asserting or attempting to assert rights provided by this part. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  141. 18106.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

    Verify source ↗

    An aggrieved freelance worker or a public prosecutor may sue to enforce this part, and a prevailing plaintiff may recover attorney’s fees, costs, injunctive relief, and other court-approved remedies.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18106. (a) An aggrieved freelance worker or a public prosecutor may bring a civil action to enforce this part. (b) A prevailing plaintiff in an action alleging a violation of this part is entitled to reasonable attorney’s fees and costs, injunctive relief, and any other remedies deemed appropriate by the court. Damages shall be awarded to an aggrieved freelance worker as follows: (1) If the freelance worker requested a written contact prior to commencing work under the contract and the hiring party refused in violation of Section 18103, the freelance worker shall be awarded an additional one thousand dollars ($1,000). (2) If the hiring party failed to pay the freelance worker the contracted compensation by the time required under Section 18102, the freelance worker shall be awarded damages up to twice the amount that remained unpaid at the time payment was due. If the freelance worker requested a written contract prior to commencing work under the contract and the hiring party refused in violation of Section 18103, the amount unpaid shall be determined by the rate the freelance worker reasonably understood to apply to the work. (3) If the hiring party violates any other provision of this part, the freelance worker may be awarded damages equal to the value of the contract or the work performed, whichever is greater. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  142. 18107.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. )

    Verify source ↗

    This part applies only to contracts entered into or renewed on or after January 1, 2025.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 5. Independent Contractors [18100 - 18107] ( Part 5 added by Stats. 2024, Ch. 870, Sec. 1. ) ## 18107. This part applies only to contracts entered into or renewed on or after January 1, 2025. (Added by Stats. 2024, Ch. 870, Sec. 1. (SB 988) Effective January 1, 2025.)
  143. 18400.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    This chapter may be cited as the Automobile Dealers Anti-coercion Act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18400. This chapter may be cited as the Automobile Dealers Anti-coercion Act. (Added by Stats. 1941, Ch. 44.)
  144. 18401.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    This section says the chapter’s provisions are cumulative with each other and with other laws on the same subject that were in effect on September 15, 1935.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18401. The provisions of this chapter are cumulative of each other and of any other provision of law relating to the same subject in effect September 15, 1935. (Added by Stats. 1941, Ch. 44.)
  145. 18402.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    This section defines key terms used in the chapter on automobiles, including “person,” “sell,” “manufacturer,” “retailer,” and “lender.”

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18402. As used in this chapter: (a) “Person” means any individual, firm, corporation, partnership, limited liability company, association, trustee, receiver or assignee for the benefit of creditors. (b) “Sell,” “sold,” “buy,” and “purchase” include exchange, barter, gift, and offer of contract to sell or buy. (c) “Manufacturer” means (i) any person who is engaged, directly or indirectly, in the manufacture of motor vehicles, and (ii) any other person directly or indirectly owned by him who is engaged in the sale or distribution of motor vehicles or any interest therein at wholesale. (d) “Retailer” means any person who is engaged or who intends to engage in the business of selling motor vehicles at retail in this state. (e) “Lender” means any person other than an automobile dealer or automobile distributor who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail within this state. (Amended by Stats. 1994, Ch. 1010, Sec. 21. Effective January 1, 1995.)
  146. 18403.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    A manufacturer may not sell or agree to sell motor vehicles to a retailer on restrictive financing or assignment conditions that may lessen competition or create a monopoly.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18403. It is unlawful for a manufacturer to sell or contract to sell motor vehicles to a retailer on the condition or with an agreement or understanding, either express or implied, that the retailer shall finance the purchase or sale of motor vehicles only with or through a designated person or class of persons or shall sell and assign the conditional sales contracts, chattel mortgages or leases arising from the sale of motor vehicles only to a designated person or class of persons, when the effect of the condition, agreement or understanding so entered into may be to lessen competition, or tend to create a monopoly in the person or class of persons designated. (Added by Stats. 1941, Ch. 44.)
  147. 18404.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    A manufacturer’s threat to stop selling or contracting to sell vehicles to a retailer, if the retailer does not use a designated financier or assignee, is prima facie evidence of a prohibited sale condition.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18404. Any threat, express or implied, made to a retailer by a manufacturer that the manufacturer will cease to sell, or refuse to contract to sell, or will terminate a contract to sell, motor vehicles to the retailer, unless such retailer finances the purchase or sale of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages, or leases arising from his retail sales of motor vehicles only to a designated person or class of persons is prima facie evidence that the manufacturer has sold or intends to sell motor vehicles on the condition or with the agreement or understanding prohibited by this chapter. (Added by Stats. 1941, Ch. 44.)
  148. 18405.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    A threat to a retailer by a covered motor-vehicle financier or contract buyer is presumed to be made with the manufacturer’s direction and authority, and is prima facie evidence of a prohibited condition or agreement.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18405. Any threat, express or implied, made to a retailer by any person, or any agent of any such person, who is engaged in the business of financing the purchase or sale of motor vehicles or of buying conditional sales contracts, chattel mortgages or leases on motor vehicles in this State and is affiliated with or controlled by a manufacturer that such manufacturer will terminate his contract with or cease to sell motor vehicles to such retailer unless such retailer finances the purchase or sale of motor vehicles only with or through a designated person or class of persons or sells and assigns the conditional sales contracts, chattel mortgages or leases arising from his retail sale of motor vehicles only to such person so engaged in financing the purchase or sale of motor vehicles or in buying conditional sales contracts, chattel mortgages or leases on motor vehicles, shall be presumed to be made at the direction of and with the authority of such manufacturer, and is prima facie evidence that the manufacturer has sold or intends to sell the motor vehicles on the condition or with the agreement or understanding prohibited by this chapter. (Added by Stats. 1941, Ch. 44.)
  149. 18406.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    A manufacturer must not give, promise to give, or discriminate with subsidies to a lender when that conduct may lessen competition or tend to create a monopoly.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18406. It is unlawful for any manufacturer to pay or give or to contract to pay or give any subsidy to any lender or to discriminate in favor of or against any lender if the effect of any such subsidy or discrimination may be to lessen competition or tend to create a monopoly in the person or class of persons who accepts the subsidy or who are benefited by the discrimination. (Added by Stats. 1941, Ch. 44.)
  150. 18407.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    A lender must not accept, or agree to accept, a subsidy or related benefit from a manufacturer if doing so may lessen competition or tend to create a monopoly.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18407. It is unlawful for any lender to accept or contract or agree to accept either directly or indirectly any subsidy or the benefit resulting from any discrimination made unlawful by this chapter from any manufacturer if the effect of the acceptance of any such subsidy or benefit may be to lessen competition or tend to create a monopoly in the person or class of persons who accepts such subsidy or who is benefited by such discrimination. (Added by Stats. 1941, Ch. 44.)
  151. 18408.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    Most people other than automobile dealers or distributors may not use certain subsidies or unlawful discrimination benefits to finance, or try to finance, motor vehicle sales or purchases of motor-vehicle financing contracts.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18408. It is unlawful for any person other than an automobile dealer or automobile distributor who accepts either directly or indirectly any subsidy or the benefit resulting from any discrimination made unlawful by this chapter or contracts either directly or indirectly to accept any such subsidy or benefit to finance or attempt to finance the purchase or sale of any motor vehicle or buy or attempt to buy any conditional sales contracts, chattel mortgages or leases on motor vehicles sold at retail in this State thereafter. (Added by Stats. 1941, Ch. 44.)
  152. 18409.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    A contract or agreement that violates this chapter is void and cannot be enforced in court.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18409. Any contract or agreement in violation of the provisions of this chapter is void and is not enforceable at law or in equity. (Added by Stats. 1941, Ch. 44.)
  153. 18410.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    If a corporation or association violates this chapter, the Attorney General or the district attorney of the proper county must start court proceedings to forfeit its charter rights, franchises, privileges and powers, and to dissolve it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18410. Upon a violation of this chapter by any corporation or association the Attorney General or the district attorney of the proper county shall institute proceedings in any court of competent jurisdiction for the forfeiture of charter rights, franchises or privileges and powers exercised by such corporation or association, and for the dissolution of the corporation or association. (Added by Stats. 1941, Ch. 44.)
  154. 18411.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    Foreign corporations or associations that violate this chapter are barred from doing business in the state.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18411. Every foreign corporation or association, exercising any of the powers, franchises or functions of a corporation in this State which violates this chapter, is hereby denied those powers, franchises or functions and is prohibited from doing any business in this State. The Attorney General shall enforce this provision by bringing proper proceedings. The Secretary of State may revoke the license of any such corporation or association heretofore authorized to do business in this State. (Added by Stats. 1941, Ch. 44.)
  155. 18412.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    Violating this chapter, or participating in prohibited agreements, payments, or acceptance of value, is a misdemeanor.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18412. (a) Any person who violates this chapter, any person who is a party to any agreement or understanding, or to any contract prescribing any condition prohibited by this chapter, any employee, agent or officer of any such person who participates in making, executing, enforcing, performing or in urging, aiding or abetting in the performance of any such contract, condition, agreement or understanding, any person who pays or gives or contracts to pay or give any thing or service of value prohibited by this chapter, and any person who accepts or contracts to accept any thing or service of value prohibited by this chapter, is guilty of a misdemeanor. (b) Each day’s violation of this provision constitutes a separate offense. (Added by Stats. 1941, Ch. 44.)
  156. 18413.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. )

    Verify source ↗

    A person injured in business or property by an unlawful act under this chapter may sue and recover double damages plus costs; the court may also add other parties as defendants.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1. Automobiles [18400 - 18413] ( Chapter 1 added by Stats. 1941, Ch. 44. ) ## 18413. (a) In addition to the criminal and civil penalties herein provided, any person who is injured in his business or property by reason of anything declared to be unlawful by this chapter may sue therefor in any court having jurisdiction in the county where the defendant resides or is found, or any agent resides or is found, or where service may be obtained, without respect to the amount in controversy, and recover twofold the damages sustained by him, and the costs of suit. (b) Whenever it appears to the court before which any proceedings under this chapter may be pending, that the ends of justice require that other parties be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside in the county where such action is pending. (Added by Stats. 1941, Ch. 44.)
  157. 18450.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1a. Automobile Dealers [18450 - 18451] ( Chapter 1a added by Stats. 1951, Ch. 342. )

    Verify source ↗

    A retail motor vehicle seller commits a misdemeanor if, during a vehicle sale, they accept assignment of an insurance policy or related rights for a traded-in vehicle unless the realized amounts are credited to the buyer or refunded.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1a. Automobile Dealers [18450 - 18451] ( Chapter 1a added by Stats. 1951, Ch. 342. ) ## 18450. It is a misdemeanor, in connection with the sale of a motor vehicle by a person engaged in the business of selling motor vehicles at retail, for such person to accept assignment of an insurance policy, or rights thereunder, pertaining to any motor vehicle traded in by the purchaser, unless all amounts realized on such policy or rights by such person be credited by the dealer to the buyer on the next monthly payment due or same shall be refunded to the buyer. (Added by Stats. 1951, Ch. 342.)
  158. 18451.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1a. Automobile Dealers [18450 - 18451] ( Chapter 1a added by Stats. 1951, Ch. 342. )

    Verify source ↗

    A motor vehicle purchaser may sue the seller to recover three times the amount tied to an insurance policy or related rights if the assignment was accepted in violation of Section 18450.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 1a. Automobile Dealers [18450 - 18451] ( Chapter 1a added by Stats. 1951, Ch. 342. ) ## 18451. The purchaser of a motor vehicle may recover from the seller in a civil action three times the amount realized on any insurance policy, or rights thereunder, assignment of which has been accepted in violation of Section 18450. (Added by Stats. 1951, Ch. 342.)
  159. 18600.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the Boxing Act or the State Athletic Commission Act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18600. This chapter shall be known and may be cited as the Boxing Act or the State Athletic Commission Act. Whenever a reference is made to the Boxing Act or the State Athletic Commission Act by the provisions of any statute, it is to be construed as referring to the provisions of this chapter. (Amended by Stats. 2006, Ch. 465, Sec. 1. Effective January 1, 2007.)
  160. 18601.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The Legislature may amend, revise, or supplement any part of this chapter.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18601. The Legislature may amend, revise, or supplement any part of this chapter. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  161. 18602.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    This section sets the size and appointment rules for the State Athletic Commission, gives commissioners four-year terms, limits service to two consecutive terms, and says the section ends on January 1, 2029.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18602. (a) Except as provided in this section, there is in the Department of Consumer Affairs the State Athletic Commission, which consists of seven members. Five members shall be appointed by the Governor, one member shall be appointed by the Senate Committee on Rules, and one member shall be appointed by the Speaker of the Assembly. The members of the commission appointed by the Governor are subject to confirmation by the Senate pursuant to Section 1322 of the Government Code. No person who is currently licensed, or who was licensed within the last two years, under this chapter may be appointed or reappointed to, or serve on, the commission. (b) In appointing commissioners under this section, the Governor, the Senate Committee on Rules, and the Speaker of the Assembly shall make every effort to ensure that at least four of the members of the commission shall have experience and demonstrate expertise in one of the following areas: (1) A licensed physician or surgeon having expertise or specializing in neurology, neurosurgery, head trauma, or sports medicine. Sports medicine includes, but is not limited to, physiology, kinesiology, or other aspects of sports medicine. (2) Financial management. (3) Public safety. (4) Past experience in the activity regulated by this chapter, either as a contestant, a referee or official, a promoter, or a venue operator. (c) Each member of the commission shall be appointed for a term of four years. All terms shall end on January 1. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. No commission member may serve more than two consecutive terms. (d) Notwithstanding any other provision of this chapter, members first appointed shall be subject to the following terms: (1) The Governor shall appoint two members for two years, two members for three years, and one member for four years. (2) The Senate Committee on Rules shall appoint one member for four years. (3) The Speaker of the Assembly shall appoint one member for four years. (e) (1) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (2) Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2024, Ch. 486, Sec. 1. (SB 1456) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  162. 18602.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The State Athletic Commission must treat protection of the public as its top priority when it exercises licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18602.1. Protection of the public shall be the highest priority for the State Athletic Commission in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 37. Effective January 1, 2003.)
  163. 18602.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must prepare and submit a strategic plan, report on its adoption and progress, and seek input from specified public and oversight bodies.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18602.5. (a) The commission shall adopt and submit a strategic plan to the Governor and the Legislature on or before September 30, 2008. The commission shall also submit a report to the Governor and the Legislature on the status of the adoption of the strategic plan during the commission’s next regularly scheduled sunset review after January 1, 2007. The strategic plan shall include, but shall not be limited to, efforts to resolve prior State Athletic Commission deficiencies in the following areas: (1) Regulation of the profession, what fees should be paid for this regulation, and the structure and equity of the fees charged. (2) The effect and appropriateness of contracts made pursuant to Section 18828. (3) Costs to train ringside physicians, referees, timekeepers, and judges. (4) Steps that need to be taken to ensure sufficient sources of revenue and funding. (5) Necessity for review and modification of organizational procedures, the licensing process, and the complaint process. (6) Outdated information technology. (7) Unorganized and improper accounting. (8) Miscalculations at events, a lack of technology to record proper calculations, and funding issues. (9) The health and safety of the participants and the public in attendance at events regulated under this chapter, including costs of examinations under Section 18711. (b) The commission shall solicit input from the public, the State Auditor, the Little Hoover Commission, the Center for Public Interest Law, and others as necessary in preparing and adopting the strategic plan. (c) The commission shall report on progress in implementing the strategic plan to the Director of Consumer Affairs, the Governor, and the Legislature on or before September 30, 2009. (Added by Stats. 2006, Ch. 465, Sec. 3. Effective January 1, 2007.)
  164. 18604.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The appointing authority may remove a commission member for causes listed in Section 106.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18604. The appointing authority may remove any member of the commission for causes specified in Section 106. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  165. 18605.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    A majority of the appointed members of the commission makes a quorum, and a majority vote of commissioners present at a quorum meeting is needed to decide or pass a motion.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18605. A majority of the appointed members of the commission constitute a quorum for the transaction of business. The affirmative vote of a majority of those commissioners present at a meeting of the commission constituting at least a quorum is necessary to render a decision or pass a motion. (Amended by Stats. 1994, Ch. 26, Sec. 224. Effective March 30, 1994.)
  166. 18606.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Commission members must elect a chair and a vice-chair from among themselves.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18606. The members of the commission shall elect one of their number as the chair and another member as the vice-chair. The chair and vice-chair shall be elected at the first meeting of each calendar year or when a vacancy exists. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  167. 18607.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Each commission member is entitled to a per diem and necessary travel expenses, subject to Section 103.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18607. Each member of the commission shall receive a per diem and necessary travel expenses as provided in Section 103. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  168. 18608.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must follow Division 1 rules and is treated as a board for that division, except under Section 102 it is not treated as a board created by an initiative act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18608. The commission is subject to all of the provisions of Division 1 (commencing with Section 100) and for the purposes of that division shall be deemed to be a board, except for the purposes of Section 102 the commission shall not be deemed to be a board created by an initiative act. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  169. 18610.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must adopt a seal.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18610. The commission shall adopt a seal. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  170. 18611.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must adopt, amend, or repeal rules and regulations needed to carry out the laws on boxing and martial arts, following the Administrative Procedure Act.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18611. The commission shall adopt, amend, or repeal, in accordance with the Administrative Procedure Act, rules and regulations as may be necessary to enable it to carry out the laws relating to boxing and the martial arts. (Amended by Stats. 1989, Ch. 757, Sec. 1.)
  171. 18613.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must appoint an executive officer, and may hire certain inspectors and other necessary personnel, subject to approval by the Director of Consumer Affairs.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18613. (a) (1) The commission shall appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the commission and vested in the executive officer by this chapter. The appointment of the executive officer is subject to the approval of the Director of Consumer Affairs. (2) The commission may employ a chief athletic inspector. If the commission employs a chief athletic inspector, the chief athletic inspector shall exercise the powers and perform the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter. (3) The commission may employ an assistant chief athletic inspector. If the commission employs an assistant chief athletic inspector, the assistant chief athletic inspector shall assist the chief athletic inspector in exercising the powers and performing the duties delegated by the commission and authorized by the executive officer related to the regulation of events under this chapter. (4) The commission may employ in accordance with Section 154 other personnel as may be necessary for the administration of this chapter. (b) (1) (A) Pursuant to Section 820.2 of the Government Code, the executive officer appointed pursuant to this section shall not be liable for discretionary acts taken while performing duties pursuant to this chapter. (B) This paragraph is declaratory of existing law and does not constitute a change in existing law. (2) The approval of contests and the assignment of officials for contests by the executive officer under this chapter shall be considered discretionary acts pursuant to Section 820.2 of the Government Code. (c) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2024, Ch. 486, Sec. 2. (SB 1456) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  172. 18615.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    An inspector may not be assigned to regulate a commission event unless they have had inspectors’ clinic or formal training in the previous six months; the commission may pay the inspector’s necessary travel expenses for attending that training.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18615. No inspector shall be assigned to regulate an event under the authority or jurisdiction of the commission, who, within the preceding six months, has not participated in an inspectors’ clinic or received formal training, at which the laws and rules of the commission and related problems have been discussed. The commission is authorized to pay the necessary traveling expenses of an inspector while in attendance at the clinic or formal training. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  173. 18618.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must submit a report to the Governor and the Legislature by July 30, 2012.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 1. Administration [18600 - 18618] ( Article 1 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18618. The commission shall furnish to the Governor and the Legislature a report, on or before July 30, 2012, on the following: (a) The condition of the State Athletic Commission Neurological Examination Account. This report shall include the amount of the assessment collected from each promoter pursuant to Section 18711, the purposes for which moneys in the account are expended, and findings and recommendations on the amounts, appropriateness, and effectiveness of these assessments. The report shall also include a recommendation on the viability and need for creating a medical database that would be used for identifying trends in medical records and data associated with injuries and deaths related to competing. (b) The condition of the Boxers’ Pension Fund. This report shall include a recommendation on whether the fund should be continued and, if so, whether it should be expanded to include all athletes licensed under this chapter and appropriate fees paid into the fund. (Amended by Stats. 2011, Ch. 448, Sec. 31. (SB 543) Effective January 1, 2012.)
  174. 18640.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission controls professional and amateur boxing and martial arts contests in the state. Events need prior commission approval, and no person may promote or take part in a boxing or martial arts contest, match, or exhibition without a license and compliance with the chapter and its rules.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18640. The commission has the sole direction, management, control of, and jurisdiction over all professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of forms of full contact martial arts contests, including mixed martial arts, and matches or exhibitions conducted, held, or given within this state. No event shall take place without the prior approval of the commission. No person shall engage in the promotion of, or participate in, a boxing or martial arts contest, match, or exhibition without a license, and except in accordance with this chapter and the rules adopted hereunder. (Amended by Stats. 2004, Ch. 691, Sec. 30. Effective January 1, 2005.)
  175. 18640.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must invite testimony from boxing stakeholders at regularly scheduled meetings about ways to create more opportunities for its licensees in major professional championship boxing contests in California.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18640.5. (a) The commission, at its regularly scheduled meetings, shall invite testimony from boxing stakeholders to identify actions that may lead to greater opportunities for its licensees to participate in major professional championship boxing contests in the State of California. The commission shall invite testimony that shall include, but not be limited to, the following: (1) What cooperative actions may be taken by the private sector boxing stakeholders that may lead to greater opportunities for the commission’s licensees to participate in major professional championship boxing contests in the State of California. (2) What role may public-private partnerships play that may lead to greater opportunities for the commission’s licensees to participate in major professional championship boxing contests in the State of California. (3) What actions may local agencies take that may lead to greater opportunities for the commission’s licensees to participate in major professional championship boxing contests in the State of California. (4) What actions may the commission take that may lead to greater opportunities for the commission’s licensees to participate in major professional championship boxing contests in the State of California. (5) What actions may other state agencies take that may lead to greater opportunities for the commission’s licensees to participate in major professional championship boxing contests in the State of California. (b) The stakeholders shall include, but not be limited to, boxing promoters, boxing event venues, boxers, sports news outlets, and local agencies that have an interest in providing greater opportunities for the commission’s licensees to participate in major professional championship boxing contests in the State of California. (c) Nothing in this section shall jeopardize the commission’s duties and responsibilities to protect the safety and welfare of boxers and the public. (d) Costs incurred by the commission in implementing this section shall be covered by existing resources of the commission. (Amended by Stats. 2013, Ch. 370, Sec. 3. (SB 309) Effective January 1, 2014.)
  176. 18641.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission can license clubs and some boxing personnel, and must license referees, judges, matchmakers, and timekeepers.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18641. The commission may license clubs to conduct, hold, or give, and shall license referees, judges, matchmakers, and timekeepers, and may license assistant matchmakers and corporation treasurers, to participate in, or be employed in connection with, professional or amateur boxing contests, sparring matches, or exhibitions. No club may conduct, hold, or give, and no person performing tasks for which licensure is required by the commission may participate in, or be employed in connection with, those boxing contests, sparring matches, or exhibitions unless the club or person has been licensed for that purpose by the commission. (Amended by Stats. 1996, Ch. 1137, Sec. 24. Effective January 1, 1997.)
  177. 18642.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission may license certain boxers, fighters, and related personnel, and a person cannot participate in a contest or work as a booking agent, manager, trainer, or second unless licensed for that purpose.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18642. The commission may license professional and amateur boxers, professional and amateur martial arts fighters, and booking agents, managers of professional boxers and professional martial arts fighters, trainers, chief seconds, and seconds of each. No person shall participate in any contest or serve in the capacity of a booking agent, manager, trainer, or second, unless he or she has been licensed for that purpose by the commission. (Amended by Stats. 2013, Ch. 370, Sec. 4. (SB 309) Effective January 1, 2014.)
  178. 18642.5.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Before licensure, a professional boxer or martial arts fighter must show the ability to perform, and the commission can later revalidate a license if ability becomes questionable.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18642.5. A professional boxer or martial arts fighter shall, prior to licensure by the commission, demonstrate his or her ability to perform. If at any time a licensed boxer of fighter’s ability to perform is questionable the commission shall revalidate the licensee using standards adopted in regulation by the commission. The commission may accept whatever evidence is available to demonstrate the “ability to perform” at the initial time of licensure. However, all commission evaluations or reevaluations shall be recorded on a form approved by the commission and maintained with the fighter’s licensing file. The evaluation or reevaluation may be used by the commission when approving bouts for not more than 120 days from the date of the evaluation. (Added by Stats. 1989, Ch. 264, Sec. 1.)
  179. 18645.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The State Athletic Commission creates an advisory committee on medical and safety standards, appoints its physician members, and may call its meetings.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18645. (a) There is hereby created within the jurisdiction of the State Athletic Commission an Advisory Committee on Medical and Safety Standards. (b) The committee shall consist of six licensed physicians and surgeons appointed by the commission, including at least one licensed physician and surgeon certified in neurology by a specialty board that is a member board of the American Board of Medical Specialties. The commission may call meetings of those physicians and surgeons at such times and places as it deems appropriate for the purpose of studying and recommending medical and safety standards for the conduct of boxing, wrestling, and martial arts contests. (c) It shall require a majority vote of the commission to appoint a person to the committee. Each appointment shall be at the pleasure of the commission for a term not to exceed four years. (d) A majority of the appointed members of the committee shall constitute a quorum for the purposes of meeting. (Amended by Stats. 2024, Ch. 486, Sec. 3. (SB 1456) Effective January 1, 2025.)
  180. 18645.1.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must create a regulatory review-and-approval process for certain applicants or licensees who test positive for hepatitis C, and approved applicants or licensees cannot be barred from competing solely for that reason.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18645.1. (a) (1) The commission shall establish, by regulation, a review and approval process for applicants or licensees under this chapter who test positive for hepatitis C pursuant to the required blood tests described in Section 280 of Title 4 of the California Code of Regulations. (2) The commission may consult with the Advisory Committee on Medical and Safety Standards to establish the review and approval process described in paragraph (1). (b) An applicant or licensee under this chapter shall not be prohibited from competing in any contest, match, or exhibition on the basis of testing positive for hepatitis C, pursuant to Section 280 of Title 4 of the California Code of Regulations, if the applicant or licensee has been approved by the commission under subdivision (a). (Added by Stats. 2024, Ch. 486, Sec. 4. (SB 1456) Effective January 1, 2025.)
  181. 18646.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    This section applies to amateur boxing, wrestling, and full contact martial arts contests and lets the commission authorize certain nonprofit groups to administer rules if conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18646. (a) This chapter applies to all amateur boxing, wrestling, and full contact martial arts contests. (b) The commission may, however, authorize one or more nonprofit boxing, wrestling, or martial arts clubs, organizations, or sanctioning bodies, upon approval of its bylaws, to administer its rules for amateur boxing, wrestling, and full contact martial arts contests, and may, therefore, waive direct commission application of laws and rules, including licensure, subject to the commission’s affirmative finding that the standards and enforcement of similar rules by a club, organization, or sanctioning body meet or exceed the safety and fairness standards of the commission. The commission shall review the performance of any such club, organization, or sanctioning body annually. (c) Every contest subject to this section shall be preceded by a physical examination, specified by the commission, of every contestant. A physician and surgeon shall be in attendance at the contest. There shall be a medical insurance program satisfactory to the commission provided by an amateur club, organization, or sanctioning body in effect covering all contestants. The commission shall review compliance with these requirements. (d) Any club, organization, or sanctioning body that conducts, holds, or gives amateur contests pursuant to this section, which collects money for the event, shall furnish a written financial report of receipts and disbursements within 90 days of the event. (e) The commission has the right to have present without charge or restriction such representatives as are necessary to obtain compliance with this section. (f) The commission may require any additional notices and reports it deems necessary to enforce the provisions of this section. (g) The commission, at its discretion, may rescind previously approved authorization of a nonprofit boxing, wrestling, or martial arts club, organization, or sanctioning body to administer its rules for amateur boxing, wrestling, and full contact martial arts contests. (Amended by Stats. 2014, Ch. 71, Sec. 10. (SB 1304) Effective January 1, 2015.)
  182. 18648.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission must prescribe necessary standards for licensing people who must be licensed under this chapter or the commission’s regulations.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18648. The commission shall prescribe standards as necessary, for the licensure of any persons required to be licensed by this chapter or by the commission’s regulations. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  183. 18649.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Licensed professional or amateur boxers and martial arts fighters must not use or take prohibited drugs or substances, and the commission may test them and collect blood or urine specimens under stated conditions.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18649. (a) The administration or use of any drugs, alcohol, stimulants, or injections in any part of the body or the use of any prohibited substance specified in the Prohibited List of the World Anti-Doping Code, as adopted by the World Anti-Doping Agency, by a professional or amateur boxer or martial arts fighter licensed by the commission shall be prohibited. The commission, in its discretion and pursuant to regulations adopted pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), may determine the necessity of exemptions to this section for certain licensees. (b) The commission may conduct testing at any time during the period of licensure for a professional or amateur boxer or martial arts fighter licensed by the commission to ensure compliance with subdivision (a). (c) The commission may collect blood and urine specimens from a professional or amateur boxer or martial arts fighter licensed by the commission to detect the presence of any prohibited substances. Collection of specimens shall be done in the presence of authorized commission personnel. (d) A professional or amateur boxer or martial arts fighter licensed by the commission, for which the presence of a prohibited substance is detected through testing by the commission, shall be in violation of this section and subject to the penalties described in Section 18843. (Added by Stats. 2015, Ch. 316, Sec. 4. (SB 469) Effective January 1, 2016.)
  184. 18653.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

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    A person may not train certain combat sports athletes unless licensed by the commission. Licensed professional trainers may recommend whether a contestant is ready to compete or turn professional, and a professional trainer must be in the contestant’s corner unless the commission or executive director authorizes otherwise.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18653. No person shall train a professional boxer or kickboxer or martial arts athlete unless he or she has been licensed by the commission. A professional trainer is someone who is responsible for the day-to-day training of those athletes and possesses a minimum of five years experience in combative sports. Only professional trainers licensed by the commission may make a recommendation to the commission on whether a contestant is prepared for his or her first amateur mixed martial arts bout or to turn professional in boxing, kickboxing, or mixed martial arts. A professional trainer shall be present in the corner of the contestant unless otherwise authorized by the commission or the executive director. (Repealed and added by Stats. 2013, Ch. 370, Sec. 8. (SB 309) Effective January 1, 2014.)
  185. 18654.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Licensed trainers, fighters, boxers, seconds, and managers must report an injury or knockout of a licensed boxer or fighter to the commission and to a commission-designated database.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18654. Failure of a licensed professional trainer, fighter, boxer, second, or manager to report an injury or knockout of a licensed boxer or fighter to the commission and to a database designated by the commission, which may include the national athlete and bout results databases approved by the Association of Boxing Commissions for boxing and mixed martial arts, shall be grounds for the suspension or revocation of his or her license pursuant to this chapter. (Repealed and added by Stats. 2013, Ch. 370, Sec. 10. (SB 309) Effective January 1, 2014.)
  186. 18655.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    This chapter does not apply to contests conducted under the supervision or control of a U.S. Government entity.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18655. This chapter does not apply to any contest conducted under the supervision or control of an entity of the United States Government. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  187. 18656.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    This chapter does not apply to certain contests run only by schools, colleges, or universities, if every contestant is a bona fide student enrolled at least half time.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 3. Jurisdiction, Licenses, and Exemptions [18640 - 18656] ( Article 3 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18656. This chapter does not apply to any contest conducted by, or participated in exclusively by, any school, college, or university, or by any association or organization composed exclusively of schools, colleges, or universities when each contestant in such contest is a bona fide student regularly enrolled for not less than one-half time in a school, college, or university. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  188. 18660.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    A person seeking a license under this chapter must file an application with the commission using the commission’s form and include all information the commission asks for, plus any required fee.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18660. Any person desiring a license issued under this chapter shall submit an application to the commission on an application form provided by the commission. The application shall contain any and all information requested by the commission and be accompanied by any fee required in Article 10. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  189. 18661.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The executive officer or designee must review and investigate all applications filed with the commission and file a written recommendation on whether a license should be granted or denied.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18661. The executive officer or his or her designee shall review and investigate all applications filed with the commission. The executive officer or designee shall file a written recommendation over his or her signature with regard to the granting or denial of the license. The executive officer or his or her designee shall also, when directed by the commission, investigate appeals from the denial by the commission of any license. The findings from such investigation shall be reported to the commission. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  190. 18662.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    A license applicant may be required to appear before the commission if the commission or executive officer thinks it is necessary.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18662. Any applicant for a license may be required to appear before the commission as it or the executive officer may deem necessary. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  191. 18665.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Promoter’s license applications must include a true statement about connected or interested persons, those persons must provide financial information if needed by the commission, and the application must be signed under penalty of perjury by the proper business representative.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18665. (a) All applications for a promoter’s license shall contain a true statement of all persons connected with or having a proprietary interest in the promoter. (b) Any person connected with, or having a proprietary interest in, an applicant for a promoter’s license shall provide the commission with such financial information, or access to such financial information, as the commission deems necessary in order to determine whether the applicant is financially responsible. (c) Any application for a promoter’s license shall be signed under penalty of perjury by the sole proprietor, a general partner, or an officer of the corporation or association, as the case may be. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  192. 18666.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Promoters must submit any change in connected persons or ownership interests in writing for prior approval by the commission.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18666. All promoters shall submit in writing for prior approval by the commission, any change at any time in the persons connected with or having a proprietary interest in the promoter, including any change in the shareholders of a corporate entity. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  193. 18667.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    The commission may not issue a promoter’s license unless the applicant is the real party in interest, plans to conduct the contests itself, and the promoter will receive at least 25% of net receipts.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18667. The commission shall not issue any promoter’s license to an applicant unless the commission is satisfied that the applicant is the real party in interest, and intends to conduct, hold, or give such contests itself. In no case shall the commission issue a license to a promoter unless, the promoter will receive at least 25 percent of the net receipts of any promotion. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  194. 18668.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Licensed promoters may do promotions with other licensed promoters if each has a valid, unexpired license and the commission gives written approval first. Co-promoters must also file a bond or bonds that meet Section 18680.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18668. Licensed promoters may engage in promotions with other licensed promoters, so long as each promoter holds a valid, unexpired license, and receives the written approval of the commission prior to the promotion. The co-promoters shall file a bond or bonds sufficient to meet the requirements of Section 18680. (Added by Stats. 1985, Ch. 1092, Sec. 2.)
  195. 18673.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

    Verify source ↗

    Manager’s license applications must include a true statement about everyone connected with, or having a proprietary interest in, the boxer’s or martial arts fighter’s management, and must be signed under penalty of perjury by the proper person.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18673. (a) All applications for a manager’s license shall contain a true statement of all persons connected with, or having a proprietary interest in, the management of the boxer or martial arts fighter. (b) Any application for a manager’s license shall be signed under penalty of perjury by the sole proprietor, a general partner, or an officer of the corporation or association, as the case may be. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  196. 18674.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

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    Managers must submit any changes in the people or ownership connected to a boxer’s or martial arts fighter’s management in writing for prior approval by the commission.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18674. All managers shall submit in writing, for prior approval by the commission, any change at any time in the persons connected with or having a proprietary interest in the management of the boxer or martial arts fighter, including any change in the shareholders of a corporate entity. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  197. 18679.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. )

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    The commission may issue temporary permits before licensure, if its regulations allow it.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 4. Applications [18660 - 18679] ( Article 4 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18679. The commission may issue temporary permits prior to licensure, as provided by regulations of the commission. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  198. 18680.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 5. Bonds [18680 - 18685] ( Article 5 added by Stats. 1985, Ch. 1092, Sec. 2. )

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    Before a club can get a license for a non-amateur contest or match, the applicant must file a bond with the commission.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 5. Bonds [18680 - 18685] ( Article 5 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18680. Before any license is issued to any club to conduct, hold, or give a contest or match, other than an amateur contest or match, the applicant shall file a bond with the commission, in an amount determined by the commission, conditioned for the faithful performance by the club of the provisions of this chapter. For the purpose of this section, “faithful performance by the club” shall include the cancellation of a contest or match without good cause once the contest or match has been approved by the commission. After the issuance of a license to a club, the commission may modify the amount of a bond to insure adequate coverage for payments specified in Section 18684. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  199. 18681.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 5. Bonds [18680 - 18685] ( Article 5 added by Stats. 1985, Ch. 1092, Sec. 2. )

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    Before a license is issued, the applicant must file a bond with the commission of at least $1,000.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 5. Bonds [18680 - 18685] ( Article 5 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18681. Before any license is issued to any club to conduct, hold, or give an amateur contest or match, the applicant shall file a bond with the commission in an amount not less than one thousand dollars ($1,000), conditioned for the faithful performance by the club of the provisions of this chapter. For the purpose of this section, “faithful performance by the club” shall include the cancellation of a contest or match without good cause once the contest or match has been approved by the commission. (Repealed and added by Stats. 1985, Ch. 1092, Sec. 2.)
  200. 18684.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 5. Bonds [18680 - 18685] ( Article 5 added by Stats. 1985, Ch. 1092, Sec. 2. )

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    Bonds required under this article must guarantee payment of specified taxes, fines, insurance and pension contributions, examination assessments, competitor purses, consumer ticket refunds, referee and related fees, and certain commission-set costs if a contest or match is canceled without good cause.

    ## Business and Professions Code - BPC ## DIVISION 8. SPECIAL BUSINESS REGULATIONS [18400 - 22949.92.2] ( Division 8 added by Stats. 1941, Ch. 44. ) ## CHAPTER 2. Boxing, Wrestling, and Martial Arts [18600 - 18888.12] ( Heading of Chapter 2 renumbered from Chapter 8 by Stats. 1988, Ch. 160, Sec. 6. ) ## ARTICLE 5. Bonds [18680 - 18685] ( Article 5 added by Stats. 1985, Ch. 1092, Sec. 2. ) ## 18684. The bonds required under this article shall guarantee, in order of priority, the payment of all taxes and fines due and payable to the state, the payment of contributions for medical insurance and to the pension fund, the payment of assessments for neurological examinations, as specified in subdivision (c) of Section 18711, the payment of the purses to the competitors, the repayment to consumers of purchased tickets, the payment of fees to the referees, judges, timekeepers, and physicians, and in the event of the cancellation of a contest or match approved by the commission without good cause, an amount determined by the commission which does not exceed the commission’s actual cost in connection with the approval of the contest or match. The circumstances and allocation of bond payment shall be determined by the commission. (Amended by Stats. 1996, Ch. 377, Sec. 1. Effective January 1, 1997.)

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