NOTE: This is not law yet as of time of posting:
THE STATE OF RHODE ISLAND
BILL TEXT
STATENET
Copyright © 2009 by State Net(R), All Rights Reserved.
2009 RI H.B. 6085
RHODE ISLAND 2009-2010 LEGISLATIVE SESSION
HOUSE BILL 6085
2009 -- H 6085
LC02313
STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2009
INTRODUCED BY: REPRESENTATIVES PALUMBO, CORVESE, MALIK, AND MCNAMARA
DATE INTRODUCED: APRIL 07, 2009
REFERRED TO: HOUSE CORPORATIONS
BILL TRACKING REPORT: 2009 Bill Tracking RI H.B. 6085
2009 Bill Text RI H.B. 6085
VERSION: Introduced
VERSION-DATE: April 7, 2009
SYNOPSIS: AN ACT
BUSINESSES AND PROFESSIONS - LOCKSMITH SERVICE BUSINESSES
DIGEST:
EXPLANATION BY THE LEGISLATIVE COUNCIL OF
AN ACT
BUSINESSES AND PROFESSIONS - LOCKSMITH SERVICE BUSINESSES
***
This act adds locksmithing service businesses to the chapter regulating
burglar and hold- up alarm businesses.
This act would take effect upon passage.
NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED <A]
[D> Text within these symbols is deleted <D]
TEXT: It is enacted by the General Assembly as follows:
SECTION 1. The title of Chapter 5-57 of the General Laws entitled
"BURGLAR
AND HOLD-UP ALARM BUSINESSES" is hereby amended to read as follows:
[D> CHAPTER 5-57 <D]
[D> Burglar and Hold-Up Alarm Businesses <D]
[A> CHAPTER 57 <A]
[A> BURGLAR AND HOLD-UP ALARM BUSINESS AND LOCKSMITH SERVICE <A]
[A> BUSINESSES <A]
SECTION 2. Sections 5-57-1, 5-57-2, 5-57-15, 5-57-16, 5-57-19, 5-57-20,
5-57-22, 23 5-57- 23, 5-57-24, 5-57-25, 5-57-27, 5-57-29, 5-57-33, 5-57-34,
5-57-35, 5-57-37, 5-57-40 and 5-57-41 of the General Laws in Chapter 5-57
entitled "Burglar and Hold-Up Alarm Businesses" are hereby amended to read
as
follows:
5-57-1. Purpose. -- The purpose of this chapter shall be to provide
uniform procedures and qualifications throughout this state for the
licensing
of alarm businesses [A> AND LOCKSMITH SERVICES <A] and the issuance of
identification cards to alarm agents [A> , LOCKSMITHS, <A] and certain other
individuals.
[A> IT IS THE CLEAR INTENT OF THIS CHAPTER TO REQUIRE ANY BUSINESS
ENGAGING
OR PROPOSING TO ENGAGE IN EITHER THE ALARM BUSINESS OR LOCKSMITHING SERVICE
BUSINESS, AS DEFINED BY THIS ACT, IN THE STATE OF RHODE ISLAND TO OBTAIN AND
MAINTAIN A SEPARATE LICENSE FOR EACH SUCH BUSINESS IN THE MANNER SET FORTH
HEREUNDER. <A]
5-57-2. Definitions. -- For the purpose of this chapter, the following
terms, phrases, words and their derivations have the meaning given in this
chapter. When not inconsistent with the context, words used in the plural
number include the singular number and words used in the singular number
include the plural number:
(1) "Alarm agent" means any individual employed within this state by an
alarm
business, whose duties include the altering, installing, maintaining,
moving,
repairing, replacing, selling or servicing of an alarm system or responding
to
or causing others to respond to an alarm system.
(2) "Alarm business" means and includes any business, both resident and
non-resident, engaged in the installation, maintenance, alteration, repair,
replacement, or servicing of alarm systems or which responds to or causes
others
to respond to those alarm systems at a protected premises within this state.
Any
"alarm business" licensed under this chapter must maintain a twenty-four
(24)
hour per day service structure, the terms and conditions of which or
procedures
for implementation are established by the licensing authority through rules
and
regulations.
(3) "Alarm system" means an assembly of equipment and devices (or a
single
device such as a solid state unit which plugs directly into a 110-volt AC
line)
designed to detect and signal an unauthorized intrusion into premises or to
signal an attempted robbery at premises and with respect to that signal
police
or private guards are expected to respond. Fire alarm systems and alarm
systems
which monitor temperature, humidity, or any other condition not directly
related
to the detection of an unauthorized intrusion into premises or an attempted
robbery at premises are excluded from the provisions of this chapter.
[A> (4) "CAR OPENING TOOL" MEANS ANY TOOL THAT IS DESIGNED BY THE
MANUFACTURER OF THE TOOL OR INTENDED BY THE USER TO BE USED TO OPEN ANY
VEHICLE
BY MEANS OTHER THAN THAT INTENDED BY THE MANUFACTURER OF THE VEHICLE. <A]
[A> (5) "CHANGE KEY" MEANS A KEY PLANED AND CUT TO OPERATE A SPECIFIC
LOCK OR
A GROUP OF SPECIFIC LOCKS WHICH ALL HAVE THE SAME COMBINATION OF TUMBLERS,
PINS,
OR WAFERS; <A]
[A> (6) "CODE BOOK OR COMPUTER CODE SOFTWARE" MEANS A COMPILATION, IN ANY
FORM, OF KEY CODES. <A]
[D> (4) <D] [A> (7) <A] "Department" means the division of professional
regulation within the department of labor and training.
[D> (5) <D] [A> (8) <A] "Director" means the director of the department
of
labor and training.
[A> (9) "KEY MACHINE" MEANS ANY DEVICE THAT IS DESIGNED TO COPY OR
REPRODUCE
KEYS OR IS DESIGNED TO MAKE ORIGINAL KEYS. <A]
[D> (6) <D] [A> (10) <A] "Licensing authority" means the department of
labor
and training.
[A> (11) "LOCK" MEANS ANY DEVICE WHOSE PRIMARY FUNCTION IS TO PREVENT OR
LIMIT MOVEMENT OF ONE OBJECT IN RELATION TO ANOTHER OBJECT AND REQUIRES A
TOOL,
DEVICE, OR SPECIAL KNOWLEDGE TO ACTIVATE OR DEACTIVATE. <A]
[A> (12) "LOCK PICKING TOOL" MEANS ANY TOOL OR COMBINATION OF TOOLS THAT
IS
DESIGNED BY THE MANUFACTURER OF THE TOOL OR INTENDED BY THE USER TO BE USED
TO
OPEN A LOCK BY MEANS OTHER THAN THAT WHICH IS INTENDED BY THE MANUFACTURER
OF
THE LOCK TO BE THE NORMAL OPERATION OF THE LOCK. <A]
[A> (13) "LOCKSMITH" MEANS A PERSON WHO PERFORMS LOCKSMITH OR
LOCKSMITHING
SERVICES TO THE PUBLIC FOR COMPENSATION AND IS LICENSED UNDER THIS SECTION.
<A]
[A> (14) "LOCKSMITH SERVICES" MEANS AND INCLUDES: <A]
[A> (I) REPAIRING, REBUILDING, REKEYING, REPINING, SERVICING, ADJUSTING
OR
INSTALLING LOCKS, MECHANICAL OR ELECTRONIC SECURITY DEVICES, SAFES, VAULTS
OR
SAFE DEPOSIT BOXES; OR <A]
[A> (II) OPERATING A MECHANICAL OR ELECTRICAL SECURITY DEVICE, SAFE OR
VAULT
BY MEANS OTHER THAN THOSE INTENDED BY THE MANUFACTURER. <A]
[A> (15) "LOCKSMITHING SERVICE COMPANY" MEANS AND INCLUDES ANY BUSINESS
ENTITY, INCLUDING SOLE PROPRIETORSHIPS, ENGAGING IN, PROVIDING, OR HOLDING
THEMSELVES OUT TO THE PUBLIC AS AN ENTERPRISE PROVIDING THOSE PRODUCTS AND
SERVICES SET FORTH IN DIVISIONS (14) AND (18) OF THIS SECTION. FOR PURPOSES
OF
INTERPRETATION, IMPLEMENTATION AND ENFORCEMENT OF THIS CHAPTER THE TERMS
"LOCKSMITHING SERVICE COMPANY," "LOCKSMITH SERVICE COMPANY," "LOCKSMITHING
COMPANY" AND "LOCKSMITH COMPANY" SHALL BE ONE AND THE SAME. <A]
[A> (16) "LOCKSMITH TOOL" MEANS ANY TOOL THAT IS DESIGNED, OR INTENDED BY
THE
USER TO BE USED, TO OPEN A MECHANICAL OR ELECTRICAL LOCKING DEVICE BY A
MEANS
OTHER THAN THAT WHICH IS INTENDED BY THE MANUFACTURER FOR NORMAL OPERATION.
<A]
[A> (17) "MANIPULATION KEY" MEANS ANY KEY OTHER THAN A CHANGE KEY OR
MASTER
KEY THAT CAN BE VARIABLY POSITIONED OR MANIPULATED IN A KEYWAY TO OPERATE A
LOCK. FOR PURPOSES OF THIS CHAPTER, THE TERM MANIPULATION KEY SHALL ALSO
INCLUDE
WIGGLE KEYS; <A]
[A> (18) "MASTER KEY" MEANS A KEY PLANED AND CUT TO OPERATE ALL LOCKS IN
A
SERIES OR GROUP OF LOCKS, EACH LOCK HAVING ITS OWN CHANGE KEY AND EACH LOCK
CONSTRUCTED AS AN ACT OF THE SERIES OR GROUP FOR OPERATION WITH THE MASTER
KEY.
FOR PURPOSES OF THIS ACT, SUBMASTER KEYS, GRAND MASTER KEYS, GREAT GRAND
MASTER
KEYS, EMERGENCY KEYS, MAID'S MASTER KEYS, OVER-RIDING KEYS, OR ANY OTHER
SIMILAR
KEYS SHALL BE CONSIDERED AS MASTER KEYS; <A]
[D> (7) <D] [A> (19) <A] "Notify by mail", when used to notify applicant
of
approval of license or I.D. card; or when used to forward license or
permanent
I.D. card to licensee or I.D. card holder means first class mail. When used
to
notify applicant, licensee, or I.D. card holder of intent to refuse or deny
application, or suspend or revoke the license or I.D. card, or to notify a
licensee, applicant, or I.D. card holder of final, refusal, denial,
suspension,
or revocation of that application, license or I.D. card, the term "notify by
mail" means certified mail, return receipt requested.
[D> (8) <D] [A> (20) <A] "Owner" means a person who holds an interest of
twenty-five percent (25%), directly or indirectly, or more in an alarm
business.
[D> (9) <D] [A> (21) <A] "Person" means an individual, firm, partnership,
corporation, or organization of any nature.
[D> (10) <D] [A> (22) <A] "Principal corporate officer" means the
president,
vice president, treasurer, secretary and comptroller as well as any other
person
who performs functions for the corporation corresponding to those performed
by
the preceding officers.
[A> (23) "SAFE-OPENING TOOL" MEANS ANY TOOL THAT IS DESIGNED, OR INTENDED
BY
THE USER TO BE USED, TO OPEN A SAFE, SAFE DEPOSIT BOX OR SIMILAR OBJECT BY A
MEANS OTHER THAN THAT WHICH IS INTENDED BY THE MANUFACTURER FOR NORMAL
OPERATION. <A]
[D> (11) <D] [A> (24) <A] "Subscriber" means a person or business, which
buys
or obtains an alarm system and has a contract with an alarm business to
monitor
and/or service the alarm system.
[A> (25) "TRY-OUT KEY" MEANS A MANIPULATION KEY THAT MAY OR MAY NOT BE
ONE OF
A SET OF SIMILAR KEYS, USED FOR A SPECIFIC SERIES, KEYWAY, OR BRAND OF LOCK.
<A]
5-57-15. [D> Contents of applications for licenses <D] [A> CONTENTS OF
APPLICATIONS FOR LICENSES FOR ALARM BUSINESSES AND ALARM AGENTS. - <A] (a)
Applications for licenses required by the provisions of this chapter shall
be
filed with the licensing authority on a form provided by the licensing
authority. If the applicant is an individual, the application shall be
subscribed and sworn to by the individual. If the applicant is a firm or
partnership, the application shall be subscribed and sworn to by an owner in
the
case of a firm, and by at least one general partner in the case of a
partnership. If the applicant is an individual and does not reside, operate
any
business or is not employed within the state or if in the event the
applicant is
a firm or partnership and no owner or general partner resides, operates a
business or is employed within the state, then the application must also be
subscribed and sworn to by an individual having the authority and the
responsibility for the management and operations of the alarm business
within
the state. If the applicant is a corporation, the application shall be
subscribed and sworn to by at least one principal officer of the
corporation. If
the applicant is a corporation and none of its principal officers is
responsible
for the management and operations of the alarm business within the state,
the
application shall be subscribed and sworn to by an individual having the
authority and responsibility for the management and operations of the alarm
business within the state.
(b) If the applicant is a corporation, the application shall specify the
date
and place of its incorporation, the location of the applicant's principal
place
of business, a list of the principal officers of the corporation, owners of
twenty-five percent (25%) or more of outstanding stock of all classes of the
corporation, and the business address, residence address and the office or
position held by each officer in the corporation.
(c) The application shall include the following information for each
individual required to subscribe and swear to it:
(1) The individual's full name and address (business and residence);
(2) The individual's business telephone number;
(3) The individual's date and place of birth;
(4) The individual's social security number;
(5) The name and address of the individual's present place or places of
employment or self-employment and the length of time engaged there;
(6) A list of all felony and misdemeanor convictions of the individual in
any
jurisdiction;
(7) Two classifiable sets of fingerprints of the individual having the
authority and the responsibility for the management and operation of the
alarm
business within the state, recorded in any manner that may be specified by
the
licensing authority; and
(8) Whether the individual has ever been denied in any jurisdiction a
license
or permit to engage in the alarm business or has had the license or permit
revoked.
(d) The application shall include the following information concerning
the
applicant:
(1) The name, address and telephone number of the alarm business and the
locations where it intends to operate within the state;
(2) A statement as to the length of time that the applicant has been
engaged
in the alarm business and where engaged; and the date when the alarm
business or
businesses commenced operation in the state or when the alarm business
intends
to commence that operation;
(3) A statement as to whether, to the best knowledge and information of
the
individual signing the application, and of the owners, partners or principal
corporate officers of the applicant, including those not residing within the
state, have been convicted in any jurisdiction of a felony or misdemeanor.
If
there have been any convictions, then the application must state the names
of
the individuals convicted and the dates and places of the convictions.
(e) The licensing authority may require that the application include any
other information which the licensing authority may reasonably deem
necessary to
determine whether the applicant or individual signing the application meets
the
requirements of this chapter or to establish the truth of the facts
presented in
the application.
(f) Any individual signing a license application must be at least
eighteen
(18) years of age.
5-57-16. [D> Experience or examination requirements <D] [A> EXPERIENCE
OR
EXAMINATION REQUIREMENTS RELATING TO ALARM BUSINESSES AND ALARM AGENTS. --
<A]
(a) Every alarm business shall meet either the experience requirement of
subsection (c) of this section or the examination requirement of subsection
(f) of this section before it may engage in the alarm business.
(b) Applicants engaged in the alarm business on September 1, 1977 have
three
(3) months from the date of conditional approval of their alarm business
application by the licensing authority to comply with the examination
requirements of this section; provided, that if within that time the
applicant
is unable to engage an individual meeting the requirements of subsection (f)
of
this section, the licensing authority may for good cause shown, extend for a
reasonable time, not to exceed ninety (90) days, the period within which the
applicant shall comply with this section. Upon satisfactory completion of
the
examination, procedures, content, and passing scores for which are
established
in rules and regulations, the licensing authority shall lift its conditional
approval and grantits full approval of the company licensed to do business.
Applicants who do not take the examination must satisfy the experience
requirement required by subsection (c) of this section.
(c) Experience requirement: - In order to comply with this requirement,
at
least one individual who is an owner, officer, partner, manager, or employee
of
the applicant shall establish that he or she was engaged or was employed in
an
alarm business in sales, installation or service for an aggregate period of
three (3) years prior to the filing of the application. That individual
shall
file with the licensing authority sworn statements relating to the foregoing
facts of at least two (2) citizens of the community or communities in which
that
individual was so engaged or employed. The individual whom the applicant
relies
upon to comply with this subsection is required to devote a substantial
portion
of his or her time to engaging in and/or supervising the sale, installation,
or
servicing of alarm systems on behalf of the applicant.
(d) For the purposes of the three (3) year experience requirement of
subsection (c) of this section, employment by or engagement in an alarm
business
in one or more communities within the state may be aggregated. In the event
that
the individual whom the applicant relies upon to comply with subsection (c)
of
this section must aggregate his or her past experience in the alarm business
in
two (2) or more states, the individual must submit sworn statements of two
(2)
or more citizens of each state or states as to that experience.
(e) If the licensing authority determines that the applicant has not
satisfactorily complied with subsection (c) of this section or that the
prior
experience of the individual whom the applicant relies upon to comply with
subsection (c) of this section is not sufficient to permit the applicant to
engage in the alarm business, it may require the applicant to comply with
subsection (f) of this section.
(f) Examination requirement: - The licensing authority shall prepare and
administer at least twice annually an examination or examinations designed
to
measure an individual's knowledge and competence in the alarm business. It
may
administer separate examinations to test an individual's knowledge and
competence with respect to the type and nature of the alarm business in
which
the applicant proposes to engage. The individual who qualifies under this
subsection shall be required to devote a substantial portion of his or her
time
to engaging in and/or supervising the sale, installation, or servicing of
alarm
systems on behalf of the applicant.
(g) In the event that the individual whom the applicant relies upon to
comply
with subsection (c) of this section or to qualify under subsection (f) of
this
section within a period of three (3) years after that compliance or
qualification for any reason ceases to perform his or her duties on a
regular
basis, the alarm business shall promptly notify the licensing authority by
certified mail and shall make every effort to promptly obtain a substitute
eligible individual acceptable to the licensing authority. If the alarm
business
fails to obtain a substitute eligible individual within six (6) months from
and
after the disqualification of the licensee, the licensing authority may
revoke
the alarm business license or, for good cause shown, may extend for a
reasonable
time the period for obtaining a substitute qualifying individual or the
licensing authority may determine, based upon the experience and performance
of
the alarm business, that the alarm business does not need to obtain a
substitute
qualifying individual.
5-57-19. Grounds for denial of applications. -- The licensing authority
may deny the application for an alarm business [A> OR LOCKSMITHING SERVICE
BUSINESS <A] license if it finds that the applicant or the individual having
the authority and the responsibility for the management and operation of the
[A> RESPECTIVE <A] applicant's alarm business [A> OR LOCKSMITHING SERVICE
BUSINESS <A] within the state or the individual whom the applicant relies
upon to comply with subsection (c) or (f) of section 5-57-16 [A> ,
SUBSECTION
(C) OR (F) OF SECTION 15-57-16.1, <A] or any of the applicant's owners,
partners or principal corporate officers have:
(1) Committed any act, which, if committed by a licensee, would be
grounds
for the revocation of a license under section 5-57-25(a);
(2) While unlicensed, knowingly and willfully committed or aided and
abetted
in the commission of any act for which a license is required by this
chapter; or
(3) Been convicted in any jurisdiction of the United States of a felony
or a
misdemeanor if the licensing authority finds that the conviction reflects
unfavorably on the fitness of the applicant to engage in the alarm [A> OR
LOCKSMITHING SERVICE <A] business.
5-57-20. Procedure for approval or denial of applications. -- (a) The
procedure of the licensing authority in approving or denying an application
shall be as follows:
(1) (i) If the application is approved, the licensing authority shall
notify
the applicant, in writing, of the approval, and shall state that if bond is
not
received with the application, upon compliance with section 5-57-21, a
license
will be issued.
(ii) That notification shall state that the issued license shall expire
in
one year, unless renewed in accordance with sections 5-57-22 and 5-57-23,
and
shall state the time within which application for renewal must be made;
(2) If [D> the <D] [A> AN <A] application of the alarm business [A> OR
LOCKSMITHING SERVICE BUSINESS <A] is denied, the licensing authority shall
notify the applicant, in writing, and shall state the grounds for denial and
advise the applicant of his or her right to a hearing on the denial in
accordance with the provisions established by the Administrative Procedures
Act,
chapter 35 of title 42. If the grounds for denial are subject to correction
by
the applicant, the notice of denial shall state and the applicant shall be
given
reasonable time after receipt and acknowledgement of that notice, at the
discretion of the licensing authority (or, upon application, a reasonable
period
of time), within which to make the required correction.
(b) If the application of the alarm business [A> OR LOCKSMITHING SERVICE
BUSINESS <A] is denied, the applicant may schedule a hearing to be held
before
the licensing authority or an officer designated by the licensing authority
in
accordance with the provisions for that hearing as prescribed in the
Administrative Procedures Act, chapter 35 of title 42.
5-57-22. Renewal of licenses. -- Application for renewal of a license
must
be received by the licensing authority on a form provided by the licensing
authority no less than thirty (30) days prior to the expiration date of the
license, subject to the right of the licensing authority to permit late
filing upon good cause shown. The licensing authority may refuse to renew a
license for any of the grounds stated in section 5-57-19(1) and it shall
promptly notify the licensee of its intent to refuse to renew the license.
The licensee may, within fifteen (15) days after receipt of the notice of
intent to refuse to renew a license, request a hearing on that refusal in
the
manner prescribed in section 5-57-20(b). A licensee shall be permitted to
continue to engage in the [A> RESPECTIVE <A] alarm [A> OR LOCKSMITHING
SERVICE <A] business while its renewal application is pending.
5-57-23. Application, license, replacement and renewal fees. -- (a) A
nonrefundable application fee of one hundred twenty-five dollars ($ 125)
shall
be remitted with each application to cover investigation and administrative
costs.
(b) The licensing authority shall promulgate rules and regulations
mandating
the term of license for each license issued pursuant to this chapter; no
license
shall remain in force for a period in excess of three (3) years.
(c) Any fee for the initial issuance of a license or for the renewal of a
license shall be determined by multiplying the per annum fee by the term of
years of the license. The entire fee for the total term of licensure shall
be
paid prior to issuing the initial license or renewal.
(d) The per annum fee for the initial issuance of a license shall be one
hundred dollars ($ 100.00) which shall be remitted with the application, but
which shall be refunded if the application of the alarm business [A> OR
LOCKSMITHING SERVICE BUSINESS <A] is denied or withdrawn before approved.
(e) (1) The licensee shall submit a completed renewal application form
not
later than thirty (30) days before the expiration of the license with a
fifty
dollar ($ 50.00) nonrefundable administrative fee to cover the cost of
processing the renewal application.
(2) The per annum fee for renewal shall be one hundred dollars ($
100.00). If
the renewal application of the licensee is denied, the annual fee will be
refunded.
(f) All fees shall be paid into the general fund.
(g) There shall be a ten dollar ($ 10.00) charge for the issuance of a
duplicate license to replace a lost, damaged original, or renewal license.
Fees
for the replacement license shall be paid into the general fund.
5-57-24. Transfer for assignment of licenses -- Continuation of business
upon owner's death. -- (a) No license issued pursuant to the provisions of
this chapter shall be assigned or transferred, either by operation of law or
otherwise.
(b) If the license is held by an owner rather than a corporation and
that
owner dies, becomes disabled or ceases to engage in the alarm business, the
successor, heir, devisee, or personal representative of that owner, within
thirty (30) days of the death, disablement, or termination of operation by
the original licensee, shall apply for [D> an <D] [A> THE RELEVANT <A] alarm
[A> OR LOCKSMITHING SERVICE <A] business license on a form prescribed by the
licensing authority. This form shall include the same information required
by
section 5-57-15. The transferee shall be subject to the same requirements
and
procedures prescribed in sections 5-57-16 -- 5-57-21 to the extent the
sections are applicable. The new applicant may assume that the unexpired
portion of the license will remain in effect until its expiration date. The
applicant shall pay a pro-rated license fee established by the licensing
authority to include that portion of the license which remains unexpired
since its last date of issue or renewal.
(c) In the event that a sale, assignment, or transfer of an alarm
business
[A> OR LOCKSMITHING SERVICE BUSINESS, <A] licensed under this chapter is
consummated, then the purchaser, assignee, or transferee shall be subject to
the same requirements and procedures prescribed in sections 5-57- 15 --
5-57-21 to the extent those sections are applicable.
(d) With good cause, the licensing authority may extend the period of
time
for filing the application required by subsections (b) and (c) of this
section.
5-57-25. Grounds and procedure for revocation of licenses. -- (a)
Licenses
for alarm businesses [A> OR LOCKSMITHING SERVICE BUSINESS <A] may be revoked
by the licensing authority in the manner stated in this section if the
licensee or any of its owners, partners, principal corporate officers, or
the
individual having the authority and the responsibility for the management
and
operation of the [A> RESPECTIVE <A] alarm business [A> , OR LOCKSMITHING
SERVICE BUSINESS, <A] within the state are:
(1) Found to have violated any of the provisions of this chapter or any
rule
or regulation of the licensing authority which violation the licensing
authority
determines to reflect unfavorably upon the fitness of the licensee to engage
in
the [A> RESPECTIVE <A] alarm business [A> OR LOCKSMITHING SERVICE BUSINESS
<A] ;
(2) Found to have knowingly and willfully given any false information of
a
material nature in connection with an application for a license or a renewal
or
reinstatement of a license or in a notice of transfer of an alarm business
[A>
OR LOCKSMITHING SERVICE BUSINESS <A] licensed under this chapter;
(3) Found to have been convicted in any jurisdiction of a felony or a
misdemeanor if the licensing authority determines that the conviction
reflects
unfavorably on the fitness of the applicant to engage in the alarm business
[A>
OR LOCKSMITHING SERVICE BUSINESS SUBJECT TO THE LICENSE IN QUESTION <A] ; or
(4) Found to have committed any act while the license was not in effect
which
would be cause for the revocation of a license, or grounds for the denial of
an
application for a license of an alarm business [A> OR LOCKSMITHING SERVICE
BUSINESS <A] .
(b) Prior to revocation of a license, the licensing authority shall
promptly
notify the licensee of its intent to issue an order of revocation and shall
advise the licensee of his or her right to a hearing on the revocation in
accordance with the provisions of the Administrative Procedures Act, chapter
35
of title 42.
(c) Within ninety (90) days after [D> the <D] [A> AN ALARM BUSINESS OR
LOCKSMITHING SERVICE BUSINESS <A] licensee has exhausted all rights of
appeal
under the Administrative Procedures Act, or, if the licensee does not seek a
hearing after receipt of a notice of intent to revoke from the licensing
authority, then within sixty (60) days after receipt of the notice of intent
to
revoke, the [A> ALARM BUSINESS OR LOCKSMITHING SERVICE BUSINESS <A] licensee
shall notify all of its subscribers within the state of that revocation and
shall maintain in its records a copy of those notices. [D> The <D] [A> A <A]
licensee shall cease to perform any services for which it has been licensed
under this chapter within sixty (60) days of its receipt of the final notice
of
intent to revoke from the licensing authority.
(d) Under circumstances in which the licensing authority determines that
the
public health, welfare, or safety may be jeopardized by the termination of a
licensee's services, the licensing authority may upon its own motion or upon
application by the licensee or any party affected by that termination extend
the
time for the termination of the licensee's operations, subject to the
reasonable, necessary and proper conditions or restrictions that it deems
appropriate.
(e) After the licensing authority issues a notice of intent to revoke a
license, the licensee may request that it be permitted to continue to
operate
subject to the terms of a written order of consent issued by the licensing
authority, requiring the licensee to correct the conditions stated as
grounds
for revocation in the notice of intent to revoke and imposing reasonable
conditions and restrictions on the licensee in the conduct of its business.
The
licensing authority may in its sole discretion grant or deny a request and
may
stay or postpone any proceeding being conducted pursuant to subsection (b)
of
this section. Negotiations for a consent order may be requested at any time
during revocation proceedings and stay of pending proceedings during those
negotiations are within the sole discretion of the licensing authority. If
revocation proceedings are before a court and the licensing authority shall
submit the proposed order to the court, which may approve or disapprove the
proposed order or require modification of the proposed consent order before
approval.
(f) The licensing authority shall enact reasonable rules and regulations
for
determination of whether the licensee has complied with a consent order
issued
pursuant to subsection (e) of this section. If the licensing authority
determines that the licensee has failed to comply, it may revoke that order
and
conduct proceedings for the revocation of the license. If the consent order
is
approved by a court, then the licensing authority shall petition that court
for
vacation of the order. The court shall hold a hearing to determine if the
order
should be vacated. If the court vacates the consent order, the licensing
authority may conduct proceedings for revocation of the license.
5-57-27. Posting of license certificates and notices of license
revocation. -- (a) Within seventy-two (72) hours after receipt of the
license
certificate, the licensee shall cause the license certificate to be posted
and displayed at all times in a conspicuous place in the principal office of
the licensee within the state. Copies of the license certificate shall also
be displayed at all times in any other offices within the state where the
alarm business [A> OR LOCKSMITHING SERVICE BUSINESS <A] transacts business
with its customers, so that all persons visiting that place or places may
readily see the license. Those license certificates or copies shall be
subject to inspection at all reasonable times by the licensing authority.
(b) It is unlawful for any person holding a license certificate to
knowingly
and willfully post that license certificate or permit that license
certificate
to be posted upon premises other than those described in the license
certificate
or to knowingly and willfully alter that license certificate. Each license
certificate shall be surrendered to the licensing authority within seventy-
two
(72) hours after it is revoked or after the licensee ceases to do business,
subject to section 5- 57-20(b). If, the licensing authority or a court of
competent jurisdiction has pending before it any matter relating to the
renewal,
revocation, or transfer of a license, the licensee is not required to
surrender
the license until the matter has been adjudicated and all appeals have been
exhausted. When the licensee receives final notice that its license is
revoked,
a copy of that notice shall be displayed and posted in close proximity to
the
license certificate until the licensee terminates its operations.
5-57-29. [D> I.D. cards -- Requirement -- Application -- Issuance or
denial <D] [A> ALARM AGENT I.D. CARDS -- REQUIREMENT -- APPLICATION --
ISSUANCE OR DENIAL. -- <A] (a) It is unlawful and punishable as provided in
section 5-57-41 for any individual to function as an alarm agent or to
perform
the duties described in subsections (b) and (c) of this section without
first
obtaining an identification card (referred to as "I.D." card).
(b) Owners, principal corporate officers, partners, and managers of all
alarm
businesses shall be required to obtain I.D. cards if they directly engage in
selling, installing, altering, servicing, moving, maintaining, repairing,
replacing, monitoring, responding to, or causing others to respond to, alarm
systems within the state.
(c) Any individual engaged in the alarm business or employed by or
associated
with an alarm business within the state who is not an alarm agent but who
has
access to confidential information relating to a customer or subscriber of
an
alarm business or who monitors radio equipment used in connection with an
alarm
business must also obtain an I.D. card.
(d) Individuals required to obtain an I.D. card under this section shall
file
a joint application for a temporary and permanent I.D. card and upon
completion,
the alarm business shall immediately forward the application form to the
licensing authority and shall retain a copy of the application in its files.
Alarm businesses shall issue temporary I.D. cards in the manner prescribed
in
subsection (g) of this section until the I.D. card applicant obtains a
permanent
I.D. card from the licensing authority.
(e) A person engaged in the alarm business on September 1, 1977 has
authority
to and is required to issue to its alarm agents or other individuals
required to
obtain I.D. cards under this section temporary I.D. cards (as provided in
subsection (g) of this section) while the application of that person for an
alarm business license is pending. If that alarm business application is
finally
denied, the alarm business no longer has authority to issue temporary I.D.
cards. All temporary I.D. cards issued by that alarm business shall become
void
and shall be returned by the temporary I.D. cardholders to the issuer.
(f) Application for an I.D. card shall be on a form prescribed by the
licensing authority and shall include the following:
(1) The I.D. card applicant's full name and any other names previously
used,
current residence and business addresses and telephone numbers;
(2) Date and place of birth;
(3) Whether the I.D. card applicant is applying as an alarm agent or as
an
individual required to obtain an I.D. card under subsection (b) or (c) of
this
section;
(4) A list of all felony and misdemeanor convictions of the I.D. card
applicant in any jurisdiction;
(5) Two classifiable sets of fingerprints recorded in the manner that may
be
specified by the licensing authority;
(6) Two recent photographs of a type prescribed by the licensing
authority;
(7) The name and address of the alarm business, which employs or will
employ
or engage the I.D. card applicant;
(8) The application shall include a statement by the alarm business which
employs or will employ the I.D. card applicant or engage the I.D. card
applicant
as to whether that alarm business:
(i) Is licensed under this chapter;
(ii) Has a license application pending before the licensing authority; or
(iii) Is unlicensed and does not have an application pending before the
licensing authority but was engaged in the alarm business within the state
on
September 1, 1977 and intends to file a timely application for an alarm
business
license under this chapter;
(9) A statement by the alarm business as to whether it has issued a
temporary
I.D. card to the I.D. card applicant. If the alarm business has issued a
temporary I.D. card, the alarm business shall state the date of issuance of
the
card and the card number;
(10) The I.D. card applicant's employment record for the prior three (3)
years;
(11) A statement whether the applicant has been denied an alarm agent,
guard
or private investigator license, permit or I.D. card or business license for
an
alarm business, guard or private investigator business in any jurisdiction
and
whether that license, permit or I.D. card has been revoked;
(12) A statement that the I.D. card applicant will inform the licensing
authority of any material change in the information stated in the I.D. card
applicant's form within ten (10) days after that change; and
(13) Any other information, which the licensing authority may reasonably
deem
necessary to determine whether an applicant for an I.D. card meets the
requirements of this chapter.
(g) A temporary I.D. card shall be issued by an alarm business licensed
under
this chapter to any of its alarm agents or any other individual required to
obtain an I.D. card prior to the issuance of a permanent I.D. card for this
individual by the licensing authority. The form for temporary I.D. cards
shall
be at the discretion of the alarm business, but shall only be with the
approval
of the licensing authority. The form for permanent I.D. cards shall be
prescribed by the licensing authority and shall include the following
information concerning the I.D. cardholder:
(1) Full name and signature;
(2) An I.D. card number and date of issuance of the card;
(3) Date and place of birth;
(4) Name and address of the alarm business which employs the applicant or
with which the applicant is associated;
(5) Date of commencement of employment or association with the alarm
business; and
(6) A recent photograph of the I.D. cardholder.
(h) Before issuing a permanent I.D. card, the licensing authority shall
require the prospective I.D. cardholder to submit on forms provided by the
licensing authority the names and addresses of two (2) references who can
verify
the applicant's good moral character and competency to install alarms or
alarm
systems and the names and addresses of employers of the prospective I.D.
cardholder for the past three (3) years, and shall make reasonable and
prudent
inquiries to determine whether the applicant meets the requirements of this
section. If the licensing authority has reason to believe that the
individual
required to obtain a permanent I.D. card does not meet the requirements of
this
section, no permanent I.D. card shall be issued by the licensing authority.
(i) Any alarm business issuing a temporary I.D. card shall promptly
report to
the licensing authority the name, address, and I.D. card number of the
individual to whom it has issued a temporary I.D. card.
(j) The temporary or permanent I.D. card shall be carried by an
individual
required to obtain an I.D. card under this chapter whenever that individual
is
engaged in the alarm business and shall be exhibited upon request.
(k) Application for an I.D. card to the licensing authority shall be
accompanied by a thirty dollar ($ 30.00) fee to cover the cost of processing
the
application and investigating the applicant. The fees collected shall be
paid
into the general fund.
(l) The licensing authority may refuse to issue an I.D. card if the I.D.
card
applicant has been convicted of a felony or a misdemeanor in any
jurisdiction
and the licensing authority finds that the conviction reflects unfavorably
on
the fitness of the applicant to engage in the alarm business or to be
employed
by an alarm business.
(m) The permanent I.D. card issued by the licensing authority shall
include
the items listed in subsection (g) of this section and the expiration date
of
the I.D. card.
5-57-33. [D> Grounds and procedure for suspension or revocation of I.D.
cards <D] [A> GROUNDS AND PROCEDURE FOR SUSPENSION OR REVOCATION OF ALARM
AGENT I.D. CARDS. -- <A] (a) For purposes of this section only, when the
term
"alarm agent" is used, it also applies to an individual required to obtain a
permanent I.D. card from the licensing authority or a temporary I.D. card
from
an alarm business subject to this chapter.
(b) Alarm agent I.D. cards may be suspended or revoked by the licensing
authority in the manner prescribed in this section if the cardholder has:
(1) Been found to have violated any of the provisions of this chapter or
any
rule or regulation of the licensing authority if the licensing authority
determines that the violation reflects unfavorably upon the fitness of the
I.D.
cardholder to function as an alarm agent;
(2) Knowingly and willfully given any material false information to the
licensing authority in connection with an application for an I.D. card or a
renewal or reinstatement of an I.D. card under this chapter or in the
submission
of any material fact to the licensing authority;
(3) Been convicted in any jurisdiction of a felony or a misdemeanor if
the
licensing authority finds that conviction to reflect unfavorably on the
fitness
of the I.D. cardholder to function as an alarm agent.
(c) Prior to suspension or revocation of an I.D. card, the licensing
authority shall promptly notify the I.D. cardholder and the alarm business
by
which the cardholder is employed or engaged of the proposed action
presenting in
reasonable detail the ground or grounds for suspension or revocation. The
I.D.
cardholder may request a hearing in the same manner and in accordance with
the
same procedure as that provided in section 5-57-25(b).
(d) In the event that the licensing authority suspends or revokes an I.D.
card, the cardholder, upon receipt of the notice of suspension or
revocation,
shall cease to perform any services related to the alarm business.
(e) Both the I.D. cardholder and the alarm business which employs him or
her
or engages him or her shall be notified by the licensing authority of final
action to suspend or revoke an I.D. card.
5-57-34. Nontransferability of I.D. cards. -- No I.D. card issued
pursuant
to the provisions of this chapter shall be transferable. I.D. cards issued
by
the licensing authority must be surrendered to the licensing authority by
the
I.D. cardholder or employer of the cardholder upon termination of
employment.
A new application for an I.D. card must be submitted to the licensing
authority if the I.D. cardholder is subsequently employed by another alarm
[A> OR LOCKSMITHING <A] business. Temporary I.D. cards issued by [A> THE
RESPECTIVE <A] alarm businesses [A> OR LOCKSMITHING SERVICE BUSINESSES <A]
must also be surrendered to the alarm business [A> OR LOCKSMITHING SERVICE
BUSINESS <A] issuing that card by the I.D. cardholder upon termination of
employment or association with the alarm [A> OR LOCKSMITHING SERVICE <A]
business [A> IN QUESTION <A] . Willful and knowing refusal upon request of
the licensing authority [A> , <A] [D> or <D] the alarm business [A> OR
LOCKSMITHING SERVICE BUSINESS <A] to return an I.D. card is a misdemeanor.
No
new application or fee shall be required of a cardholder who, following
voluntary termination, returns to employment with the same alarm business if
reinstatement takes place within six (6) months of the issuance of the
original or renewal I.D. card. After notification of reinstatement, the
licensing authority shall forward the reclaimed cardholder's I.D. card to
the
[A> RESPECTIVE <A] employing alarm business [A> OR LOCKSMITHING SERVICE
BUSINESS <A] for dispersal to the cardholder. The re-issued I.D. card shall
expire two (2) years from the original date of issue. The break in service
between employment, termination, and re- employment of the cardholder with
the [A> RELEVANT <A] alarm business [A> OR LOCKSMITHING SERVICE BUSINESS <A]
shall be documented on the next application for renewal submitted at the
required time to the licensing authority.
5-57-35. Renewal and replacement of I.D. cards -- Notification of
changes.
-- (a) I.D. cards issued by the licensing authority shall be valid for a
period of two (2) years. An I.D. card renewal form must be filed by the
cardholder with the licensing authority not less than thirty (30) days prior
to the expiration of the I.D. card. The fee for renewal of an I.D. card
shall
be fifteen dollars ($ 15.00) and shall be paid into the general fund.
(b) The licensing authority may refuse to renew an I.D. card on any of
the
grounds stated in section 5-57-19(1), and the licensing authority shall
promptly
notify the I.D. cardholder of its intent to refuse to renew the license. The
I.D. cardholder may within fifteen (15) days after receipt of the notice of
intent to refuse to renew an I.D. card, request a hearing on that refusal in
the
same manner and in accordance with the same procedure as that provided in
section 5-57- 20(b).
(c) An alarm business shall notify the licensing authority within ten
(10)
days after the death or termination of employment of any of its employees or
of
any individual associated with the alarm business who holds an I.D. card
issued
by it or by the licensing authority.
(d) There shall be a five dollar ($ 5.00) charge for the issuance of a
duplicate I.D. card to replace a lost, damaged, or destroyed original, or
renewal I.D. card. Fees for the replacement shall be paid into the general
fund.
[A> (E) A LOCKSMITHING BUSINESS SHALL NOTIFY THE LICENSING AUTHORITY
WITHIN
TEN (10) DAYS AFTER THE DEATH OR TERMINATION OF EMPLOYMENT OF ANY OF ITS
EMPLOYEES OR OF ANY INDIVIDUAL ASSOCIATED WITH THE LOCKSMITHING BUSINESS WHO
HOLDS AN I.D. CARD ISSUED BY IT OR BY THE LICENSING AUTHORITY. <A]
5-57-37. Activities of I.D. cardholders after notice of suspension or
revocation of I.D. card. -- After an alarm agent [A> , LOCKSMITH <A] or any
other individual required to obtain an I.D. card under this chapter has
received a notice of suspension or revocation of his or her I.D. card, that
individual shall not engage in the alarm business [A> OR LOCKSMITHING
BUSINESS IN QUESTION <A] unless specifically authorized to do so by order of
the licensing authority or by order of the superior court.
5-57-40. Reinstatement of a revoked license or I.D. card. -- The
licensing
authority shall have authority to consider a petition for reinstatement of a
revoked alarm [A> OR LOCKSMITHING SERVICE <A] business license.
5-57-41. Penalties for violations. -- (a) Any person found guilty of
violating any of the following provisions of this chapter shall be subject
to
a fine not to exceed five hundred dollars ($ 500), or imprisonment for a
period not to exceed ninety (90) days, or both:
(1) Engaging in the alarm business without complying with section
5-57-14;
(2) Failure to obtain an I.D. card as required by section 5-57-29;
(3) Willful and knowing failure to file or maintain on file the surety
bond
as required by section 5-57-21;
(4) Willful and knowing failure of an alarm business to notify its
subscribers of revocation of its license as required by section 5-57-25(c);
and
(5) Willful and knowing failure to surrender a license certificate as
required by section 5- 57-27(b) or to surrender an I.D. card as required by
section 5-57-34.
(b) Any person found guilty of willfully and knowingly submitting false
information of a material nature in any application for an alarm business
license or for an I.D. card, or for renewal applications, shall be subject
to a
fine not to exceed five hundred dollars ($ 500), or imprisonment for a
period
not to exceed ninety (90) days, or both.
[A> (C) ANY PERSON FOUND GUILTY OF WILLFULLY AND KNOWINGLY SUBMITTING
FALSE
INFORMATION OF A MATERIAL NATURE IN ANY APPLICATION FOR A LOCKSMITHING
BUSINESS
LICENSE OR FOR A LOCKSMITH I.D. CARD, OR FOR RENEWAL APPLICATIONS, SHALL BE
SUBJECT TO A FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($ 500), OR
IMPRISONMENT
FOR A PERIOD NOT TO EXCEED NINETY (90) DAYS, OR BOTH. <A]
[A> (6) ENGAGING IN THE LOCKSMITHING OR LOCKSMITHING BUSINESS WITHOUT
COMPLYING WITH SECTION 5-57-14.1; <A]
[A> (7) FAILURE TO OBTAIN AN I.D. CARD AS REQUIRED BY SECTION 5-57-29.1.
<A]
SECTION 3. Chapter 5-57 of the General Laws entitled "Burglar and Hold-Up
Alarm Businesses" is hereby amended by adding thereto the following section:
[A> 5-57-14.1. LOCKSMITHING SERVICE BUSINESS LICENSE REQUIRED. - (A) IT
IS
UNLAWFUL AND PUNISHABLE AS PROVIDED IN SECTION 5-57-41 FOR ANY PERSON TO
ENGAGE
IN THE LOCKSMITHING SERVICE BUSINESS OR HOLD HIM OR HERSELF OUT TO THE
CONSUMING
PUBLIC WITHIN THIS STATE WITHOUT HAVING FIRST OBTAINED A LOCKSMITH BUSINESS
LICENSE FROM THE STATE LICENSING AUTHORITY, SUBJECT TO SUBSECTION (K) OF
THIS
SECTION; PROVIDED, THAT NOTHING CONTAINED IN THIS CHAPTER SHALL BE CONSTRUED
TO
REQUIRE THOSE ENTITIES OR PARTIES SPECIFICALLY EXEMPTED FROM THE PROVISIONS
OF
THIS LICENSE REQUIREMENT UNDER SUBSECTION (L) OF THIS SECTION. <A]
[A> (B) PERSONS WHO ARE NOT LICENSED UNDER THIS CHAPTER SHALL NOT PROVIDE
ANY
LOCKSMITHING SERVICES IN VIOLATION OF THIS CHAPTER OR ANY RULE ADOPTED
PURSUANT
TO THIS CHAPTER. <A]
[A> (C) NO LOCKSMITH MAY PARTICIPATE IN A JOINT VENTURE TO PROVIDE
EQUIPMENT
OR SERVICES THAT REQUIRE LICENSING UNDER THIS CHAPTER UNLESS ALL PARTIES TO
THE
JOINT VENTURE ARE LICENSED IN ACCORDANCE WITH THIS CHAPTER. <A]
[A> (D) NO LOCKSMITH MAY SUBCONTRACT THE PROVISION OF EQUIPMENT OR
SERVICES
REQUIRING A LICENSE UNDER THIS CHAPTER TO ANY UNLICENSED PERSON, FIRM
ASSOCIATION, OR CORPORATION, EXCEPT AS PROVIDED IN SUBSECTION (L) BELOW. <A]
[A> (E) NO LOCKSMITH SHALL RETAIN AS A REGISTERED EMPLOYEE ANY PERSON
KNOWN
NOT TO BE OF GOOD MORAL CHARACTER. <A]
[A> (F) NO PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER SHALL POSSESS,
USE,
SELL, OR OFFER TO SELL ANY CODE BOOK, LOCK PICKING TOOL, MANIPULATION KEY,
TRY-OUT KEY, SAFE OPENING TOOL, OR CAR OPENING TOOL. <A]
[A> (G) NO PERSON SHALL SELL, OFFER TO SELL, OR GIVE TO ANY PERSON NOT
LICENSED UNDER THIS CHAPTER ANY CODE BOOK, LOCK PICKING TOOL, MANIPULATION
KEY,
TRY-OUT KEY, SAFE OPENING TOOL, OR CAR OPENING TOOL. <A]
[A> (H) NO PERSON WHO IS NOT LICENSED UNDER THIS CHAPTER SHALL DESIGN,
MAKE,
MANUFACTURE, OR INSTALL ANY MASTER KEY OR ANY SYSTEM OF CHANGE KEYS AND
MASTER
KEYS. <A]
[A> (I) NO LOCKSMITH SHALL OPEN ANY VEHICLE OR REAL PROPERTY, WHETHER OR
NOT
A FEE IS CHARGED, WITHOUT FIRST OBTAINING PERSONAL IDENTIFICATION FROM THE
PERSON REQUESTING THE SERVICE. SUCH PERSONAL IDENTIFICATION MAY INCLUDE, BUT
IS
NOT LIMITED TO, PERSONAL KNOWLEDGE, A DRIVER'S LICENSE OR OTHER PHOTO
IDENTIFICATION, ADDRESS, TELEPHONE NUMBER, REFERENCE FROM ANY RELIABLE
SOURCE,
OR A DESCRIPTION OF SPECIFIC OR UNUSUAL ITEMS THAT MAY BE FOUND UPON ENTRY.
SUCH
INFORMATION SHALL BE RECORDED ON A WORK ORDER OR INVOICE AND SHALL BE MADE
AVAILABLE TO A LAW ENFORCEMENT OFFICER WITH A PROPERLY EXECUTED COURT ORDER
AT
ANY REASONABLE TIME DURING NORMAL BUSINESS HOURS. <A]
[A> (J) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO
LOCKSMITH
LICENSED UNDER THIS CHAPTER SHALL BE PROHIBITED FROM PROVIDING LOCKSMITHING
SERVICES BECAUSE OF THE MANNER OF CONSTRUCTION OR OPERATION OF THE LOCK OR
BECAUSE OF THE LOCATION OF THE LOCK OR APPLICATION OF THE LOCK WHETHER THE
LOCK
IS APPLIED TO ANY DOOR, WINDOW, HATCH, LID, GATE, OR OTHER OPENING IN OR ON
ANY
SAFE, VAULT, BUILDING, VEHICLE, AIRCRAFT, OR BOAT. IT IS THE INTENT OF THE
GENERAL ASSEMBLY THAT THE PROVISIONS OF THIS SUBSECTION SHALL BE CONSTRUED
IN
THEIR BROADEST POSSIBLE SENSE. <A]
[A> (K) EVERY PERSON DESIRING TO BE ENGAGED IN THE LOCKSMITH SERVICE
BUSINESS
WITHIN THIS STATE SHALL APPLY TO THE LICENSING AUTHORITY FOR A LICENSE TO
OPERATE A LOCKSMITHING SERVICE BUSINESS. ANY PERSON ENGAGED IN THE
LOCKSMITHING
SERVICE BUSINESS ON JULY 1, 2009 AND FILING A TIMELY APPLICATION MAY
CONTINUE TO
ENGAGE IN THE LOCKSMITHING SERVICE BUSINESS SO LONG AS SUCH PERSON COMPLIES
WITH
THE REQUIREMENTS OF SECTION 5-57-16.1 OF THIS ACT AND PENDING A FINAL
DETERMINATION OF THE APPLICATION. ANY PERSON NOT HAVING PREVIOUS EXPERIENCE
IN
THE LOCKSMITHING SERVICE BUSINESS AND FILING AS A NEW APPLICANT WHO WILL BE
THE
OWNER OR PRINCIPAL OFFICER OF THE BUSINESS OR BRANCH OFFICE IN THIS STATE
SHALL
NOT ENGAGE IN THE LOCKSMITHING SERVICE BUSINESS UNTIL APPROVAL BY THE
LICENSING
AUTHORITY OF HIS OR HER LOCKSMITHING SERVICE BUSINESS LICENSE AND I.D. CARD
APPLICATIONS FOR HIMSELF OR HERSELF AND HIS OR HER EMPLOYEES. <A]
[A> (L) NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, THE FOLLOWING
PERSONS, FIRMS, PARTNERSHIPS, ASSOCIATIONS, OR CORPORATIONS NOT OFFERING ANY
OTHER LOCKSMITHING SERVICES ARE SPECIFICALLY EXCLUDED FROM THE REQUIREMENTS
OF
THIS ACT: <A]
[A> (1) AN INDIVIDUAL PROPERTY OWNER PERSONALLY INSTALLING LOCKS ON SUCH
OWNER'S RESIDENCE OR OTHER BUILDING NOT OPEN TO THE PUBLIC; <A]
[A> (2) PROPERTY OWNERS, OR THEIR AGENT, MAINTAINING A FILE OF KEY
CUTTING
DATA FOR A MASTER KEY SYSTEM FOR THEIR PROPERTY; <A]
[A> (3) PERSONS, SOLE PROPRIETORSHIPS, PARTNERSHIPS, ASSOCIATIONS, OR
CORPORATIONS HAVING AND USING KEY MACHINES AND KEY BLANKS FOR THEIR OWN USE;
<A]
[A> (4) RETAIL STORES OR CATALOG SALES NOT OFFERING LOCKSMITHING SERVICES
NOR
SELLING LOCKSMITHING TOOLS; <A]
[A> (5) LOCKSMITH TRADE PUBLICATIONS OR EQUIPMENT MANUFACTURERS OR
DISTRIBUTORS NOT PROVIDING DIRECT LOCKSMITHING SERVICES TO THE PUBLIC; <A]
[A> (6) ARCHITECTS AND ENGINEERS NOT PROVIDING DIRECT SALES, ADJUSTMENT,
OR
INSTALLATION OF LOCKS; <A]
[A> (7) NEW AND USED CAR DEALERS CUTTING KEYS BY CODE FOR THE PRODUCTS OF
THEIR AFFILIATED NEW CAR MANUFACTURER OR MANUFACTURERS; <A]
[A> (8) TOW TRUCK OPERATORS OPENING VEHICLES FOR THE SOLE PURPOSE OF
TOWING;
<A]
[A> (9) AUTO CLUBS OPENING VEHICLES FOR THE PURPOSES OF ALLOWING MEMBERS
OF
SUCH CLUBS VERIFIED ACCESS TO THEIR VEHICLES; AND <A]
[A> (10) FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGENTS OR FIRE AND
RESCUE
PERSONNEL PERFORMING EMERGENCY OPENINGS IN THEIR OFFICIAL LINE OF DUTY WHEN
A
NATURAL PERSON'S LIFE IS AT RISK. <A]
[A> 5-57-15.1. CONTENTS OF APPLICATIONS FOR LOCKSMITHING SERVICE BUSINESS
LICENSES AND LOCKSMITHS. - (A) APPLICATIONS FOR LICENSES REQUIRED BY THE
PROVISIONS OF THIS CHAPTER SHALL BE FILED WITH THE LICENSING AUTHORITY ON A
FORM
PROVIDED BY THE LICENSING AUTHORITY. IF THE APPLICANT IS AN INDIVIDUAL, THE
APPLICATION SHALL BE SUBSCRIBED AND SWORN TO BY THE INDIVIDUAL. IF THE
APPLICANT
IS A FIRM OR PARTNERSHIP, THE APPLICATION SHALL BE SUBSCRIBED AND SWORN TO
BY AN
OWNER IN THE CASE OF A FIRM, AND BY AT LEAST ONE GENERAL PARTNER IN THE CASE
OF
A PARTNERSHIP. IF THE APPLICANT IS AN INDIVIDUAL AND DOES NOT RESIDE,
OPERATE
ANY BUSINESS OR IS NOT EMPLOYED WITHIN THE STATE OR IF IN THE EVENT THE
APPLICANT IS A FIRM OR PARTNERSHIP AND NO OWNER OR GENERAL PARTNER RESIDES,
OPERATES A BUSINESS OR IS EMPLOYED WITHIN THE STATE, THEN THE APPLICATION
MUST
ALSO BE SUBSCRIBED AND SWORN TO BY AN INDIVIDUAL HAVING THE AUTHORITY AND
THE
RESPONSIBILITY FOR THE MANAGEMENT AND OPERATIONS OF THE LOCKSMITHING SERVICE
BUSINESS WITHIN THE STATE. IF THE APPLICANT IS A CORPORATION, THE
APPLICATION
SHALL BE SUBSCRIBED AND SWORN TO BY AT LEAST ONE PRINCIPAL OFFICER OF THE
CORPORATION. IF THE APPLICANT IS A CORPORATION AND NONE OF ITS PRINCIPAL
OFFICERS IS RESPONSIBLE FOR THE MANAGEMENT AND OPERATIONS OF THE
LOCKSMITHING
SERVICE BUSINESS WITHIN THE STATE, THE APPLICATION SHALL BE SUBSCRIBED AND
SWORN
TO BY AN INDIVIDUAL HAVING THE AUTHORITY AND RESPONSIBILITY FOR THE
MANAGEMENT
AND OPERATIONS OF THE LOCKSMITHING SERVICE BUSINESS WITHIN THE STATE. <A]
[A> (B) IF THE APPLICANT IS A CORPORATION, THE APPLICATION SHALL SPECIFY
THE
DATE AND PLACE OF ITS INCORPORATION, THE LOCATION OF THE APPLICANT'S
PRINCIPAL
PLACE OF BUSINESS, A LIST OF THE PRINCIPAL OFFICERS OF THE CORPORATION,
OWNERS
OF TWENTY-FIVE PERCENT (25%) OR MORE OF OUTSTANDING STOCK OF ALL CLASSES OF
THE
CORPORATION, AND THE BUSINESS ADDRESS, RESIDENCE ADDRESS AND THE OFFICE OR
POSITION HELD BY EACH OFFICER IN THE CORPORATION. <A]
[A> (C) THE APPLICATION SHALL INCLUDE THE FOLLOWING INFORMATION FOR EACH
INDIVIDUAL REQUIRED TO SUBSCRIBE AND SWEAR TO IT: <A]
[A> (1) THE INDIVIDUAL'S FULL NAME AND ADDRESS (BUSINESS AND RESIDENCE);
<A]
[A> (2) THE INDIVIDUAL'S BUSINESS TELEPHONE NUMBER; <A]
[A> (3) THE INDIVIDUAL'S DATE AND PLACE OF BIRTH; <A]
[A> (4) THE INDIVIDUAL'S SOCIAL SECURITY NUMBER; <A]
[A> (5) THE NAME AND ADDRESS OF THE INDIVIDUAL'S PRESENT PLACE OR PLACES
OF
EMPLOYMENT OR SELF-EMPLOYMENT AND THE LENGTH OF TIME ENGAGED THERE; <A]
[A> (6) A LIST OF ALL FELONY AND MISDEMEANOR CONVICTIONS OF THE
INDIVIDUAL IN
ANY JURISDICTION; <A]
[A> (7) TWO CLASSIFIABLE SETS OF FINGERPRINTS OF THE INDIVIDUAL HAVING
THE
AUTHORITY AND THE RESPONSIBILITY FOR THE MANAGEMENT AND OPERATION OF THE
LOCKSMITHING SERVICE BUSINESS WITHIN THE STATE, RECORDED IN ANY MANNER THAT
MAY
BE SPECIFIED BY THE LICENSING AUTHORITY; AND <A]
[A> (8) WHETHER THE INDIVIDUAL HAS EVER BEEN DENIED, IN ANY JURISDICTION,
A
LICENSE OR PERMIT TO ENGAGE IN THE LOCKSMITHING SERVICE BUSINESS OR HAS HAD
THE
LICENSE OR PERMIT REVOKED. <A]
[A> (D) THE APPLICATION SHALL INCLUDE THE FOLLOWING INFORMATION
CONCERNING
THE APPLICANT: <A]
[A> (1) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE LOCKSMITHING
SERVICE
BUSINESS AND THE LOCATION(S) FROM WHICH IT INTENDS TO OPERATE WITHIN THE
STATE;
<A]
[A> (2) A STATEMENT AS TO THE LENGTH OF TIME THAT THE APPLICANT HAS BEEN
ENGAGED IN THE LOCKSMITHING SERVICE BUSINESS AND WHERE ENGAGED; AND THE DATE
WHEN THE LOCKSMITHING SERVICE BUSINESS OR BUSINESSES COMMENCED OPERATION IN
THE
STATE OR WHEN THE LOCKSMITHING SERVICE BUSINESS INTENDS TO COMMENCE THAT
OPERATION; <A]
[A> (3) A STATEMENT AS TO WHETHER, TO THE BEST KNOWLEDGE AND INFORMATION
OF
THE INDIVIDUAL SIGNING THE APPLICATION, AND OF THE OWNERS, PARTNERS OR
PRINCIPAL
CORPORATE OFFICERS OF THE APPLICANT, INCLUDING THOSE NOT RESIDING WITHIN THE
STATE, HAVE BEEN CONVICTED IN ANY JURISDICTION OF A FELONY OR MISDEMEANOR.
IF
THERE HAVE BEEN ANY CONVICTIONS, THEN THE APPLICATION MUST STATE THE NAME(S)
OF
THE INDIVIDUAL(S) CONVICTED AND THE DATES AND PLACES OF THE CONVICTION(S).
<A]
[A> (E) THE LICENSING AUTHORITY MAY REQUIRE THAT THE APPLICATION INCLUDE
ANY
OTHER INFORMATION WHICH THE LICENSING AUTHORITY MAY REASONABLY DEEM
NECESSARY TO
DETERMINE WHETHER THE APPLICANT OR INDIVIDUAL SIGNING THE APPLICATION MEETS
THE
REQUIREMENTS OF THIS CHAPTER OR TO ESTABLISH THE TRUTH OF THE FACTS
PRESENTED IN
THE APPLICATION. <A]
[A> (F) ANY INDIVIDUAL SIGNING A LICENSE APPLICATION MUST BE AT LEAST
EIGHTEEN (18) YEARS OF AGE. <A]
[A> 5-57-16.1. EXPERIENCE OR EXAMINATION REQUIREMENTS RELATING TO
LOCKSMITHING SERVICE BUSINESSES AND LOCKSMITHS. -- (A) EVERY LOCKSMITHING
SERVICE BUSINESS SHALL MEET EITHER THE EXPERIENCE REQUIREMENT OF SUBSECTION
(C) OF THIS SECTION OR THE EXAMINATION REQUIREMENT OF SUBSECTION (F) OF THIS
SECTION BEFORE IT MAY ENGAGE IN THE LOCKSMITHING SERVICE BUSINESS. <A]
[A> (B) APPLICANTS ENGAGED IN THE LOCKSMITHING SERVICE BUSINESS ON
JANUARY 1,
2007 HAVE THREE (3) MONTHS FROM THE DATE OF CONDITIONAL APPROVAL OF THEIR
LOCKSMITHING SERVICE BUSINESS APPLICATION BY THE LICENSING AUTHORITY TO
COMPLY
WITH THE EXAMINATION REQUIREMENTS OF THIS SECTION; PROVIDED, THAT IF WITHIN
THAT
TIME THE APPLICANT IS UNABLE TO ENGAGE AN INDIVIDUAL MEETING THE
REQUIREMENTS OF
SUBSECTION (F) OF THIS SECTION, THE LICENSING AUTHORITY MAY, FOR GOOD CAUSE
SHOWN, EXTEND FOR A REASONABLE TIME, NOT TO EXCEED NINETY (90) DAYS, THE
PERIOD
WITHIN WHICH THE APPLICANT SHALL COMPLY WITH THIS SECTION. UPON SATISFACTORY
COMPLETION OF THE EXAMINATION, PROCEDURES, CONTENT, AND PASSING SCORES FOR
WHICH
ARE ESTABLISHED IN RULES AND REGULATIONS, THE LICENSING AUTHORITY SHALL LIFT
ITS
CONDITIONAL APPROVAL AND GRANT ITS FULL APPROVAL OF THE COMPANY LICENSED TO
DO
BUSINESS. APPLICANTS WHO DO NOT TAKE THE EXAMINATION MUST SATISFY THE
EXPERIENCE
REQUIREMENT REQUIRED BY SUBSECTION (C) OF THIS SECTION. <A]
[A> (C) EXPERIENCE REQUIREMENT: IN ORDER TO COMPLY WITH THIS REQUIREMENT,
AT
LEAST ONE INDIVIDUAL WHO IS AN OWNER, OFFICER, PARTNER, MANAGER, OR EMPLOYEE
OF
THE APPLICANT SHALL ESTABLISH THAT HE OR SHE WAS ENGAGED OR WAS EMPLOYED IN
A
LOCKSMITHING SERVICE BUSINESS IN SALES, INSTALLATION OR SERVICE FOR AN
AGGREGATE
PERIOD OF THREE (3) YEARS PRIOR TO THE FILING OF THE APPLICATION. THAT
INDIVIDUAL SHALL FILE WITH THE LICENSING AUTHORITY SWORN STATEMENTS RELATING
TO
THE FOREGOING FACTS OF AT LEAST TWO (2) CITIZENS OF THE COMMUNITY OR
COMMUNITIES
IN WHICH THAT INDIVIDUAL WAS SO ENGAGED OR EMPLOYED. THE INDIVIDUAL WHOM THE
APPLICANT RELIES UPON TO COMPLY WITH THIS SUBSECTION IS REQUIRED TO DEVOTE A
SUBSTANTIAL PORTION OF HIS OR HER TIME TO ENGAGING IN AND/OR SUPERVISING THE
SALE, INSTALLATION, OR SERVICING OF LOCKS, LOCKING SYSTEMS AND SAFES ON
BEHALF
OF THE APPLICANT. <A]
[A> (D) FOR THE PURPOSES OF THE THREE (3) YEAR EXPERIENCE REQUIREMENT OF
SUBSECTION (C) OF THIS SECTION, EMPLOYMENT BY OR ENGAGEMENT IN A
LOCKSMITHING
SERVICE BUSINESS IN ONE OR MORE COMMUNITIES WITHIN THE STATE MAY BE
AGGREGATED.
IN THE EVENT THAT THE INDIVIDUAL WHOM THE APPLICANT RELIES UPON TO COMPLY
WITH
SUBSECTION (C) OF THIS SECTION MUST AGGREGATE HIS OR HER PAST EXPERIENCE IN
THE
LOCKSMITHING SERVICE BUSINESS IN TWO (2) OR MORE STATES, THE INDIVIDUAL MUST
SUBMIT SWORN STATEMENTS OF TWO (2) OR MORE CITIZENS OF EACH STATE OR STATES
AS
TO THAT EXPERIENCE. <A]
[A> (E) IF THE LICENSING AUTHORITY DETERMINES THAT THE APPLICANT HAS NOT
SATISFACTORILY COMPLIED WITH SUBSECTION (C) OF THIS SECTION OR THAT THE
PRIOR
EXPERIENCE OF THE INDIVIDUAL WHOM THE APPLICANT RELIES UPON TO COMPLY WITH
SUBSECTION (C) OF THIS SECTION IS NOT SUFFICIENT TO PERMIT THE APPLICANT TO
ENGAGE IN THE LOCKSMITHING SERVICE BUSINESS, IT MAY REQUIRE THE APPLICANT TO
COMPLY WITH SUBSECTION (F) OF THIS SECTION. <A]
[A> (F) EXAMINATION REQUIREMENT. THE LICENSING AUTHORITY SHALL PREPARE
AND
ADMINISTER AT LEAST TWICE ANNUALLY AN EXAMINATION OR EXAMINATIONS DESIGNED
TO
MEASURE AN INDIVIDUAL'S KNOWLEDGE AND COMPETENCE IN THE LOCKSMITHING SERVICE
BUSINESS. IT MAY ADMINISTER SEPARATE EXAMINATIONS TO TEST AN INDIVIDUAL'S
KNOWLEDGE AND COMPETENCE WITH RESPECT TO THE TYPE AND NATURE OF THE
LOCKSMITHING
SERVICE BUSINESS IN WHICH THE APPLICANT PROPOSES TO ENGAGE. THE INDIVIDUAL
WHO
QUALIFIES UNDER THIS SUBSECTION SHALL BE REQUIRED TO DEVOTE A SUBSTANTIAL
PORTION OF HIS OR HER TIME TO ENGAGING IN AND/OR SUPERVISING THE SALE,
INSTALLATION OR SERVICING OF LOCKS, LOCKING SYSTEMS, SECURITY HARDWARE AND
SAFES
ON BEHALF OF THE APPLICANT. <A]
[A> (G) IN THE EVENT THAT THE INDIVIDUAL WHOM THE APPLICANT RELIES UPON
TO
COMPLY WITH SUBSECTION (C) OF THIS SECTION OR TO QUALIFY UNDER SUBSECTION
(F) OF
THIS SECTION WITHIN A PERIOD OF THREE (3) YEARS AFTER THAT COMPLIANCE OR
QUALIFICATION FOR ANY REASON CEASES TO PERFORM HIS OR HER DUTIES ON A
REGULAR
BASIS, THE LOCKSMITHING SERVICE BUSINESS SHALL PROMPTLY NOTIFY THE LICENSING
BY
CERTIFIED MAIL AND SHALL MAKE EVERY EFFORT TOO PROMPTLY OBTAIN A SUBSTITUTE
ELIGIBLE INDIVIDUAL ACCEPTABLE TO THE LICENSING AUTHORITY. IF THE
LOCKSMITHING
SERVICE BUSINESS FAILS TO OBTAIN A SUBSTITUTE ELIGIBLE INDIVIDUAL WITHIN SIX
(6)
MONTHS FROM AND AFTER THE DISQUALIFICATION OF THE LICENSEE, THE LICENSING
AUTHORITY MAY REVOKE THE LOCKSMITHING SERVICE BUSINESS LICENSE OR, FOR GOOD
CAUSE SHOWN, MAY EXTEND FOR A REASONABLE TIME THE PERIOD FOR OBTAINING A
SUBSTITUTE QUALIFYING INDIVIDUAL OR THE LICENSING AUTHORITY MAY DETERMINE,
BASED
UPON THE EXPERIENCE AND PERFORMANCE OF THE LOCKSMITHING SERVICE BUSINESS,
THAT
THE LOCKSMITHING SERVICE BUSINESS DOES NOT NEED TO OBTAIN A SUBSTITUTE
QUALIFYING INDIVIDUAL. <A]
[A> 5-57-29.1. LOCKSMITH I.D. CARDS -- REQUIREMENT -- APPLICATION --
ISSUANCE OR DENIAL. - (A) IT IS UNLAWFUL AND PUNISHABLE AS PROVIDED IN
SECTION 5-57-41 FOR ANY INDIVIDUAL TO FUNCTION AS A LOCKSMITH OR TO PERFORM
THE DUTIES DESCRIBED IN SUBSECTIONS (B) AND (C) OF THIS SECTION WITHOUT
FIRST
OBTAINING AN IDENTIFICATION CARD (REFERRED TO AS "I.D." CARD). <A]
[A> (B) OWNERS, PRINCIPAL CORPORATE OFFICERS, PARTNERS AND MANAGERS OF
ALL
LOCKSMITHING SERVICE BUSINESSES SHALL BE REQUIRED TO OBTAIN I.D. CARDS IF
THEY
DIRECTLY ENGAGE IN SELLING, INSTALLING, ALTERING, SERVICING, MOVING,
MAINTAINING, REPAIRING, REPLACING, MONITORING, RESPONDING TO, OR CAUSING
OTHERS
TO RESPOND TO, LOCKS, LOCKING SYSTEMS OR SAFES WITHIN THE STATE. <A]
[A> (C) ANY INDIVIDUAL ENGAGED IN THE LOCKSMITHING BUSINESS OR EMPLOYED
BY OR
ASSOCIATED WITH LOCKSMITHING SERVICE BUSINESS WITHIN THE STATE WHO IS NOT A
LOCKSMITH BUT WHO HAS ACCESS TO CONFIDENTIAL INFORMATION RELATING TO A
CUSTOMER
OF A LOCKSMITHING SERVICE BUSINESS MUST ALSO OBTAIN AN I.D. CARD. <A]
[A> (D) INDIVIDUALS REQUIRED TO OBTAIN AN I.D. CARD UNDER THIS SECTION
SHALL
FILE A JOINT APPLICATION FOR A TEMPORARY AND PERMANENT I.D. CARD AND UPON
COMPLETION, THE LOCKSMITHING SERVICE BUSINESS SHALL IMMEDIATELY FORWARD THE
APPLICATION FORM TO THE LICENSING AUTHORITY AND SHALL RETAIN A COPY OF THE
APPLICATION IN ITS FILES. LOCKSMITHING SERVICE BUSINESSES SHALL ISSUE
TEMPORARY
I.D. CARDS IN THE MANNER PRESCRIBED IN SUBSECTION (G) OF THIS SECTION UNTIL
THE
I.D. CARD APPLICANT OBTAINS A PERMANENT I.D. CARD FROM THE LICENSING
AUTHORITY.
<A]
[A> (E) A PERSON ENGAGED IN THE LOCKSMITHING SERVICE BUSINESS ON JANUARY
1,
2007 HAS AUTHORITY TO AND IS REQUIRED TO ISSUE TO ITS LOCKSMITHS OR OTHER
INDIVIDUALS REQUIRED TO OBTAIN I.D. CARDS UNDER THIS SECTION TEMPORARY I.D.
CARDS (AS PROVIDED IN SUBSECTION (G) OF THIS SECTION) WHILE THE APPLICATION
OF
THAT PERSON FOR A LOCKSMITHING SERVICE BUSINESS LICENSE IS PENDING. IF THAT
LOCKSMITHING SERVICE BUSINESS APPLICATION IS FINALLY DENIED, THE
LOCKSMITHING
SERVICE BUSINESS NO LONGER HAS AUTHORITY TO ISSUE TEMPORARY I.D. CARDS. ALL
TEMPORARY I.D. CARDS ISSUED BY THAT LOCKSMITHING SERVICE BUSINESS SHALL
BECOME
VOID AND SHALL BE RETURNED BY THE TEMPORARY I.D. CARDHOLDERS TO THE ISSUER.
<A]
[A> (F) APPLICATION FOR AN I.D. CARD SHALL BE ON A FORM PRESCRIBED BY THE
LICENSING AUTHORITY AND SHALL INCLUDE THE FOLLOWING: <A]
[A> (1) THE I.D. CARD APPLICANT'S FULL NAME AND ANY OTHER NAMES
PREVIOUSLY
USED, CURRENT RESIDENCE AND BUSINESS ADDRESSES AND TELEPHONE NUMBERS; <A]
[A> (2) DATE AND PLACE OF BIRTH; <A]
[A> (3) WHETHER THE I.D. CARD APPLICANT IS APPLYING AS A LOCKSMITH OR AS
AN
INDIVIDUAL REQUIRED TO OBTAIN AN I.D. CARD UNDER SUBSECTION (B) OR (C) OF
THIS
SECTION; <A]
[A> (4) A LIST OF ALL FELONY AND MISDEMEANOR CONVICTIONS OF THE I.D. CARD
APPLICANT IN ANY JURISDICTION; <A]
[A> (5) TWO (2) CLASSIFIABLE SETS OF FINGERPRINTS RECORDED IN THE MANNER
THAT
MAY BE SPECIFIED BY THE LICENSING AUTHORITY; <A]
[A> (6) TWO (2) RECENT PHOTOGRAPHS OF A TYPE PRESCRIBED BY THE LICENSING
AUTHORITY; <A]
[A> (7) THE NAME AND ADDRESS OF THE LOCKSMITHING SERVICE BUSINESS WHICH
EMPLOYS OR WILL EMPLOY OR ENGAGE THE I.D. CARD APPLICANT; <A]
[A> (8) THE APPLICATION SHALL INCLUDE A STATEMENT BY THE LOCKSMITH
BUSINESS
WHICH EMPLOYS OR WILL EMPLOY THE I.D. CARD APPLICANT OR ENGAGE THE I.D. CARD
APPLICANT AS TO WHETHER THAT LOCKSMITHING SERVICE BUSINESS: <A]
[A> (I) IS LICENSED UNDER THIS CHAPTER; <A]
[A> (II) HAS A LICENSE APPLICATION PENDING BEFORE THE LICENSING
AUTHORITY; OR
<A]
[A> (III) IS UNLICENSED AND DOES NOT HAVE AN APPLICATION PENDING BEFORE
THE
LICENSING AUTHORITY BUT WAS ENGAGED IN THE LOCKSMITHING SERVICE BUSINESS
WITHIN
THE STATE ON JANUARY 1, 2007, AND INTENDS TO FILE A TIMELY APPLICATION FOR A
LOCKSMITH SERVICE BUSINESS LICENSE UNDER THIS CHAPTER; <A]
[A> (9) A STATEMENT BY THE LOCKSMITHING SERVICE BUSINESS AS TO WHETHER IT
HAS
ISSUED A TEMPORARY I.D. CARD TO THE I.D. CARD APPLICANT. IF THE LOCKSMITHING
SERVICE BUSINESS HAS ISSUED A TEMPORARY I.D. CARD, THE LOCKSMITH BUSINESS
SHALL
SATE THE DATE OF ISSUANCE OF THE CARD AND THE CARD NUMBER; <A]
[A> (10) THE I.D. CARD APPLICANT'S EMPLOYMENT RECORD FOR THE PRIOR THREE
(3)
YEARS; <A]
[A> (11) A STATEMENT WHETHER THE APPLICANT HAS BEEN DENIED AN ALARM
AGENT,
GUARD OR PRIVATE INVESTIGATOR LICENSE, LOCKSMITH PERMIT OR I.D. CARD OR
BUSINESS
LICENSE FOR AN ALARM BUSINESS, GUARD, PRIVATE INVESTIGATOR BUSINESS OR
LOCKSMITHING SERVICE BUSINESS IN ANY JURISDICTION AND WHETHER THAT LICENSE,
PERMIT OR I.D. CARD HAS BEEN REVOKED; <A]
[A> (12) A STATEMENT THAT THE I.D. CARD APPLICANT WILL INFORM THE
LICENSING
AUTHORITY OF ANY MATERIAL CHANGE IN THE INFORMATION STATED IN THE I.D. CARD
APPLICANT'S FORM WITHIN TEN (10) DAYS AFTER THAT CHANGE; AND <A]
[A> (13) ANY OTHER INFORMATION WHICH THE LICENSING AUTHORITY MAY
REASONABLY
DEEM NECESSARY TO DETERMINE WHETHER AN APPLICANT FOR AN I.D. CARD MEETS THE
REQUIREMENTS OF THIS CHAPTER. <A]
[A> (G) A TEMPORARY I.D. CARD SHALL BE ISSUED BY A LOCKSMITHING SERVICE
BUSINESS LICENSED UNDER THIS CHAPTER TO ANY OF ITS LOCKSMITHS OR ANY OTHER
INDIVIDUAL REQUIRED TO OBTAIN AN I.D. CARD PRIOR TO THE ISSUANCE OF A
PERMANENT
I.D. CARD FOR THIS INDIVIDUAL BY THE LICENSING AUTHORITY. THE FORM FOR
TEMPORARY
I.D. CARDS SHALL BE AT THE DISCRETION OF THE LOCKSMITHING SERVICE BUSINESS,
BUT
SHALL ONLY BE WITH THE APPROVAL OF THE LICENSING AUTHORITY. THE FORM FOR
PERMANENT I.D. CARDS SHALL BE PRESCRIBED BY THE LICENSING AUTHORITY AND
SHALL
INCLUDE THE FOLLOWING INFORMATION CONCERNING THE I.D. CARDHOLDER: <A]
[A> (1) FULL NAME AND SIGNATURE; <A]
[A> (2) AN I.D. CARD NUMBER AND DATE OF ISSUANCE OF THE CARD; <A]
[A> (3) DATE AND PLACE OF BIRTH; <A]
[A> (4) NAME AND ADDRESS OF THE LOCKSMITHING SERVICE BUSINESS WHICH
EMPLOYS
THE APPLICANT OR WITH WHICH THE APPLICANT IS ASSOCIATED; <A]
[A> (5) DATE OF COMMENCEMENT OF EMPLOYMENT OR ASSOCIATION WITH THE
LOCKSMITHING SERVICE BUSINESS; AND <A]
[A> (6) A RECENT PHOTOGRAPH OF THE I.D. CARDHOLDER. <A]
[A> (H) BEFORE ISSUING A PERMANENT I.D. CARD, THE LICENSING AUTHORITY
SHALL
REQUIRE THE PROSPECTIVE I.D. CARDHOLDER TO SUBMIT ON FORMS PROVIDED BY THE
LICENSING AUTHORITY THE NAMES AND ADDRESSES OF TWO (2) REFERENCES WHO CAN
VERIFY
THE APPLICANT'S GOOD MORAL CHARACTER AND COMPETENCY TO WORK AS A LOCKSMITH
AND
THE NAMES AND ADDRESSES OF EMPLOYERS OF THE PROSPECTIVE I.D. CARDHOLDER FOR
THE
PAST THREE (3) YEARS, AND SHALL MAKE REASONABLE AND PRUDENT INQUIRIES TO
DETERMINE WHETHER THE APPLICANT MEETS THE REQUIREMENTS OF THIS SECTION. IF
THE
LICENSING AUTHORITY HAS REASON TO BELIEVE THAT THE INDIVIDUAL REQUIRED TO
OBTAIN
A PERMANENT I.D. CARD DOES NOT MEET THE REQUIREMENTS OF THIS SECTION, NO
PERMANENT I.D. CARD SHALL BE ISSUED BY THE LICENSING AUTHORITY. <A]
[A> (I) ANY LOCKSMITHING SERVICE BUSINESS ISSUING A TEMPORARY I.D. CARD
SHALL
PROMPTLY REPORT TO THE LICENSING AUTHORITY THE NAME, ADDRESS, AND I.D. CARD
NUMBER OF THE INDIVIDUAL TO WHOM IT HAS ISSUED A TEMPORARY I.D. CARD. <A]
[A> (J) THE TEMPORARY OR PERMANENT I. D. CARD SHALL BE CARRIED BY AN
INDIVIDUAL REQUIRED TO OBTAIN AN I.D. CARD UNDER THIS CHAPTER WHENEVER THAT
INDIVIDUAL IS ENGAGED IN THE LOCKSMITHING SERVICE BUSINESS AND SHALL BE
EXHIBITED UPON REQUEST. <A]
[A> (K) APPLICATION FOR A LOCKSMITH I.D. CARD TO THE LICENSING AUTHORITY
SHALL BE ACCOMPANIED BY A THIRTY DOLLAR ($ 30.00) FEE TO COVER THE COST OF
PROCESSING THE APPLICATION AND INVESTIGATING THE APPLICANT. THE FEES
COLLECTED
SHALL BE PAID INTO THE GENERAL FUND. <A]
[A> (L) THE LICENSING AUTHORITY MAY REFUSE TO ISSUE AN I.D. CARD IF THE
I.D.
CARD APPLICANT HAS BEEN CONVICTED OF A FELONY OR A MISDEMEANOR IN ANY
JURISDICTION AND THE LICENSING AUTHORITY FINDS THAT THE CONVICTION REFLECTS
UNFAVORABLY ON THE FITNESS OF THE APPLICANT TO ENGAGE IN THE LOCKSMITHING
SERVICE BUSINESS OR TO BE EMPLOYED BY A LOCKSMITHING SERVICE BUSINESS. <A]
[A> (M) THE PERMANENT I.D. CARD ISSUED BY THE LICENSING AUTHORITY SHALL
INCLUDE THE ITEMS LISTED IN SUBSECTION (G) OF THIS SECTION AND THE
EXPIRATION
DATE OF THE I.D. CARD. <A]
[A> 5-57-33.1. GROUNDS AND PROCEDURE FOR SUSPENSION OR REVOCATION OF
LOCKSMITH I.D. CARDS. - (A) FOR PURPOSES OF THIS SECTION ONLY, WHEN THE TERM
LOCKSMITH IS USED, IT ALSO APPLIES TO AN INDIVIDUAL REQUIRED TO OBTAIN A
PERMANENT I.D. CARD FROM THE LICENSING AUTHORITY OR A TEMPORARY I.D. CARD
FROM A
LOCKSMITH BUSINESS SUBJECT TO THIS CHAPTER. <A]
[A> (B) LOCKSMITH I.D. CARDS MAY BE SUSPENDED OR REVOKED BY THE LICENSING
AUTHORITY IN THE MANNER PRESCRIBED IN THIS SECTION IF THE CARDHOLDER HAS:
<A]
[A> (1) BEEN FOUND TO HAVE VIOLATED ANY OF THE PROVISIONS OF THIS CHAPTER
OR
ANY RULE OR REGULATION OF THE LICENSING AUTHORITY IF THE LICENSING AUTHORITY
DETERMINES THAT THE VIOLATION REFLECTS UNFAVORABLY UPON THE FITNESS OF THE
I.D.
CARDHOLDER TO FUNCTION AS A LOCKSMITH; <A]
[A> (2) KNOWINGLY AND WILLFULLY GIVEN ANY MATERIALS FALSE INFORMATION TO
THE
LICENSING AUTHORITY IN CONNECTION WITH AN APPLICATION FOR AN I.D. CARD OR A
RENEWAL OR REINSTATEMENT OF AN I.D. CARD UNDER THIS CHAPTER OR IN THE
SUBMISSION
OF ANY MATERIAL FACT TO THE LICENSING AUTHORITY; <A]
[A> (3) BEEN CONVICTED IN ANY JURISDICTION OF A FELONY OR A MISDEMEANOR
IF
THE LICENSING AUTHORITY FINDS THAT CONVICTION TO REFLECT UNFAVORABLY ON THE
FITNESS OF THE I.D. CARDHOLDER TO FUNCTION AS A LOCKSMITH. <A]
[A> (C) PRIOR TO SUSPENSION OR REVOCATION OF AN I.D. CARD, THE LICENSING
AUTHORITY SHALL PROMPTLY NOTIFY THE I.D. CARDHOLDER AND THE LOCKSMITHING
SERVICE
BUSINESS BY WHICH THE CARDHOLDER IS EMPLOYED OR ENGAGED OF THE PROPOSED
ACTION
PRESENTING IN REASONABLE DETAIL THE GROUND OR GROUNDS FOR SUSPENSION OR
REVOCATION. THE I.D. CARDHOLDER MAY REQUEST A HEARING IN THE SAME MANNER AND
IN
ACCORDANCE WITH THE SAME PROCEDURE AS THAT PROVIDED IN SUBSECTION 5-57-
25(B).
<A]
[A> (D) IN THE EVENT THAT THE LICENSING AUTHORITY SUSPENDS OR REVOKES AN
I.D.
CARD, THE CARDHOLDER, UPON RECEIPT OF THE NOTICE OF SUSPENSION OR
REVOCATION,
SHALL CEASE TO PERFORM ANY SERVICES RELATED TO THE LOCKSMITHING SERVICE
BUSINESS. <A]
[A> (E) BOTH THE I.D. CARDHOLDER AND THE LOCKSMITHING SERVICE BUSINESS
WHICH
EMPLOYS HIM OR HER OR ENGAGES HIM OR HER SHALL BE NOTIFIED BY THE LICENSING
AUTHORITY OF FINAL ACTION TO SUSPEND OR REVOKE AN I.D. CARD. <A]
SECTION 4. This act shall take effect upon passage.
SPONSOR: Palumbo
SUBJECT: SECURITY & ALARM
SYSTEMS (96%); LOCKSMITHS (95%); LEGISLATORS (81%);
LEGISLATIVE BODIES (62%); LEGISLATION (62%);