1700.5-1700.22

LABOR CODE
SECTION 1700.5-1700.22




1700.5.  No person shall engage in or carry on the occupation of a
talent agency without first procuring a license therefor from the
Labor Commissioner. The license shall be posted in a conspicuous
place in the office of the licensee. The license number shall be
referred to in any advertisement for the purpose of the solicitation
of talent for the talent agency.
   Licenses issued for talent agencies prior to the effective date of
this chapter shall not be invalidated thereby, but renewals of those
licenses shall be obtained in the manner prescribed by this chapter.




1700.6.  A written application for a license shall be made to the
Labor Commissioner in the form prescribed by him or her and shall
state:
   (a) The name and address of the applicant.
   (b) The street and number of the building or place where the
business of the talent agency is to be conducted.
   (c) The business or occupation engaged in by the applicant for at
least two years immediately preceding the date of application.
   (d) If the applicant is other than a corporation, the names and
addresses of all persons, except bona fide employees on stated
salaries, financially interested, either as partners, associates, or
profit sharers, in the operation of the talent agency in question,
together with the amount of their respective interests.
   If the applicant is a corporation, the corporate name, the names,
residential addresses, and telephone numbers of all officers of the
corporation, the names of all persons exercising managing
responsibility in the applicant or licensee's office, and the names
and addresses of all persons having a financial interest of 10
percent or more in the business and the percentage of financial
interest owned by those persons.
   The application shall be accompanied by two sets of fingerprints
of the applicant and affidavits of at least two reputable residents
of the city or county in which the business of the talent agency is
to be conducted who have known, or been associated with, the
applicant for two years, that the applicant is a person of good moral
character or, in the case of a corporation, has a reputation for
fair dealing.


1700.7.  Upon receipt of an application for a license the Labor
Commissioner may cause an investigation to be made as to the
character and responsibility of the applicant and of the premises
designated in such application as the place in which it is proposed
to conduct the business of the talent agency.



1700.8.  The commissioner upon proper notice and hearing may refuse
to grant a license. The proceedings shall be conducted in accordance
with Chapter 5 (commencing at Section 11500) of Part 1 of Division 3
of Title 2 of the Government Code and the commissioner shall have all
the power granted therein.


1700.9.  No license shall be granted to conduct the business of a
talent agency:
   (a)  In a place that would endanger the health, safety, or welfare
of the artist.
   (b) To a person whose license has been revoked within three years
from the date of application.



1700.10.  The license when first issued shall run to the next
birthday of the applicant, and each license shall then be renewed
within the 30 days preceding the licensee's birthday and shall run
from birthday to birthday. In case the applicant is a partnership,
such license shall be renewed within the 30 days preceding the
birthday of the oldest partner. If the applicant is a corporation,
such license shall be renewed within the 30 days preceding the
anniversary of the date the corporation was lawfully formed. Renewal
shall require the filing of an application for renewal, a renewal
bond, and the payment of the annual license fee, but the Labor
Commissioner may demand that a new application or new bond be
submitted.
   If the applicant or licensee desires, in addition, a branch office
license, he shall file an application in accordance with the
provisions of this section as heretofore set forth.



1700.11.  All applications for renewal shall state the names and
addresses of all persons, except bona fide employees on stated
salaries, financially interested either as partners, associates or
profit sharers, in the operation of the business of the talent
agency.



1700.12.  A filing fee of twenty-five dollars ($25) shall be paid to
the Labor Commissioner at the time the application for issuance of a
talent agency license is filed.
   In addition to the filing fee required for application for
issuance of a talent agency license, every talent agency shall pay to
the Labor Commissioner annually at the time a license is issued or
renewed:
   (a) A license fee of two hundred twenty-five dollars ($225).
   (b) Fifty dollars ($50) for each branch office maintained by the
talent agency in this state.



1700.13.  A filing fee of twenty-five dollars ($25) shall be paid to
the Labor Commissioner at the time application for consent to the
transfer or assignment of a talent agency license is made but no
license fee shall be required upon the assignment or transfer of a
license.
   The location of a talent agency shall not be changed without the
written consent of the Labor Commissioner.



1700.14.  Whenever an application for a license or renewal is made,
and application processing pursuant to this chapter has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional license valid for a period not
exceeding 90 days, and subject, where appropriate, to the automatic
and summary revocation by the Labor Commissioner. Otherwise, the
conditions for issuance or renewal shall meet the requirements of
Section 1700.6.


1700.15.  A talent agency shall also deposit with the Labor
Commissioner, prior to the issuance or renewal of a license, a surety
bond in the penal sum of fifty thousand dollars ($50,000).



1700.16.  Such surety bonds shall be payable to the people of the
State of California, and shall be conditioned that the person
applying for the license will comply with this chapter and will pay
all sums due any individual or group of individuals when such person
or his representative or agent has received such sums, and will pay
all damages occasioned to any person by reason of misstatement,
misrepresentation, fraud, deceit, or any unlawful acts or omissions
of the licensed talent agency, or its agents or employees, while
acting within the scope of their employment.



1700.18.  All moneys collected for licenses and all fines collected
for violations of the provisions of this chapter shall be paid into
the State Treasury and credited to the General Fund.



1700.19.  Each license shall contain all of the following:
   (a) The name of the licensee.
   (b) A designation of the city, street, and number of the premises
in which the licensee is authorized to carry on the business of a
talent agency.
   (c) The number and date of issuance of the license.



1700.20.  No license shall protect any other than the person to whom
it is issued nor any places other than those designated in the
license. No license shall be transferred or assigned to any person
unless written consent is obtained from the Labor Commissioner.




1700.20a.  The Labor Commissioner may issue to a person eligible
therefor a certificate of convenience to conduct the business of a
talent agency where the person licensed to conduct such talent agency
business has died or has had a conservator of the estate appointed
by a court of competent jurisdiction. Such a certificate of
convenience may be denominated an estate certificate of convenience.



1700.20b.  To be eligible for a certificate of convenience, a person
shall be either:
   (a) The executor or administrator of the estate of a deceased
person licensed to conduct the business of a talent agency.
   (b) If no executor or administrator has been appointed, the
surviving spouse or heir otherwise entitled to conduct the business
of such deceased licensee.
   (c) The conservator of the estate of a person licensed to conduct
the business of a talent agency.
   Such estate certificate of convenience shall continue in force for
a period of not to exceed 90 days, and shall be renewable for such
period as the Labor Commissioner may deem appropriate, pending the
disposal of the talent agency license or the procurement of a new
license under the provisions of this chapter.



1700.21.  The Labor Commissioner may revoke or suspend any license
when it is shown that any of the following occur:
   (a) The licensee or his or her agent has violated or failed to
comply with any of the provisions of this chapter.
   (b) The licensee has ceased to be of good moral character.
   (c) The conditions under which the license was issued have changed
or no longer exist.
   (d) The licensee has made any material misrepresentation or false
statement in his or her application for a license.



1700.22.  Before revoking or suspending any license, the Labor
Commissioner shall afford the holder of such license an opportunity
to be heard in person or by counsel. The proceedings shall be
conducted in accordance with Chapter 5 (commencing at Section 11500)
of Part 1 of Division 3 of Title 2 of the Government Code, and the
commissioner shall have all the powers granted therein.