reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 2 - Licensing by Counties › Section 16105.

16105. Any license issued to a business pursuant to this chapter shall be revoked for violation of Section 24185 of the Health and Safety Code, relating to human cloning.
(Amended by Stats. 2002, Ch. 821, Sec. 3. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 2.1 - Business License Taxation › Section 16110.

16110. No city, county, or city and county which levies a business license tax calculated on a basis of gross receipts pursuant to Section 16000 or 16100 or Section 37101 of the Government Code, as the case may be, or pursuant to any other provision of law, shall include the amount of gross receipts or the cost of the business license tax on the business license tax receipt.
(Added by Stats. 1986, Ch. 388, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 2.1 - Business License Taxation › Section 16111.

16111. As used in this chapter:
(a) “Business license tax receipt” means the receipt or certificate required to be posted or displayed as evidence of a business’s payment of the tax.
(b) “City” includes a charter city.
(c) “County” includes a charter county.
(Added by Stats. 1986, Ch. 388, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 2.1 - Business License Taxation › Section 16112.

16112. The Legislature finds and declares that protecting the privacy of a business’s tax payments and gross receipts is a matter of statewide interest and concern.
(Added by Stats. 1986, Ch. 388, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 1 - Definitions › Section 16200.

16200. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of the terms they define in the subsequent sections of this chapter.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 1 - Definitions › Section 16201.

16201. “Fee” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected in connection with or as a prerequisite to or condition for the issuance, renewal or continued validity of any license, certificate or registration required by law.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 1 - Definitions › Section 16202.

16202. “Tax” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for revenue for public purposes generally.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 1 - Definitions › Section 16203.

16203. “Charge” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for regulatory purposes or for some particular public purpose or purposes.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 1 - Definitions › Section 16204.

16204. “Officer” includes director, chief, commissioner, chairman, department, division, bureau, commission, board and any other person, officer or employee, and any agency, of or in the Government of this State.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 1 - Definitions › Section 16205.

16205. “Taxpayer” includes every individual, person, firm, partnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate and artificial legal entity subject to or liable for any fee, tax or charge.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 2 - Actions › Section 16220.

16220. The remedy provided by this chapter for the collection of any fee, tax and charge is cumulative. No action taken under this chapter constitutes an election to pursue the remedy provided by it to the exclusion of any other remedy provided by law.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 2 - Actions › Section 16221.

16221. Every officer by or for whom any fee, tax or charge imposed by the statutes of this State is collected may bring a suit in the name of the people of this State against any taxpayer who fails, neglects or refuses to pay any sums due, owing and unpaid by the taxpayer upon the fee, tax or charge.
This section does not of itself authorize a suit for recovery of a judgment for a tax on real estate which is a lien thereon.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 2 - Actions › Section 16222.

16222. Except as otherwise provided in this chapter, the provisions of the Code of Civil Procedure relating to the service of summons, pleadings, proofs, trials and appeals are applicable to actions under this chapter.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 2 - Actions › Section 16223.

16223. Upon application and without bond or affidavit, every officer suing under this chapter is entitled to all or any of provisional remedies provided in the Code of Civil Procedure.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 2 - Actions › Section 16224.

16224. All sums collected in suits under this chapter shall be reported to the Controller and deposited in the State Treasury to the credit of the fund in which would be deposited the fee, tax or charge for which the suit was brought.
(Added by Stats. 1941, Ch. 61.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 3 - State Licensing › ARTICLE 3 - Penalties › Section 16240.

16240. Every person who practices, offers to practice, or advertises any business, trade, profession, occupation, or calling, or who uses any title, sign, initials, card, or device to indicate that he or she is qualified to practice any business, trade, profession, occupation, or calling for which a license, registration, or certificate is required by any law of this state, without holding a current and valid license, registration, or certificate as prescribed by law, is guilty of a misdemeanor.
(Amended by Stats. 1990, Ch. 1207, Sec. 33.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 4 - Employment Activities › Section 16300.

16300. (a) Notwithstanding any other provision of this part, Chapter 1.5 (commencing with Section 7284) of Part 1.7 of Division 2 of the Revenue and Taxation Code, or Chapter 3 (commencing with Section 37100) of Part 2 of Division 3 of Title 4 of the Government Code, no city, including a charter city, city and county, or county may require an employee to obtain a business license or home business occupation permit for, or impose a business tax or registration fee based on income earned for services performed for an employer by the employee in an employment relationship as determined by reference to the common law factors reflected in rulings or guidelines used by either the Internal Revenue Service or the Franchise Tax Board. When there is a dispute between a city, city and county, or county and a taxpayer, the manner in which a taxpayer reports or reported income to the Franchise Tax Board or the Internal Revenue Service shall create a presumption regarding whether the taxpayer performed services for an employer as an employee, or operated a business entity. For purposes of this section, “income” includes income paid currently or deferred and income that is fixed or contingent.
(b) Nothing in this section shall be interpreted to limit the authority of a city, city and county, or county to adopt and enforce zoning, health and safety ordinances, or regulations that define and limit activities that are permissible within its jurisdiction for the purposes of health, safety, welfare, and the provisions of applicable noise ordinances.
(Added by Stats. 2001, Ch. 36, Sec. 1. Effective January 1, 2002.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 6 - Notice to Licensees › Section 16545.

16545. Every state agency which licenses any kind of business transacted or carried on within their respective jurisdictions shall require applications filed to designate the name of the applicant’s workmen’s compensation insurance carrier, if any. This section does not apply to licensing under the Outdoor Advertising Act. The license application form shall contain a statement substantially as follows: “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workmen’s compensation.”
(Added by Stats. 1947, Ch. 1423.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 7 - Transportation Network Company Drivers: Business Licenses › Section 16550.

16550. It is the intent of the Legislature to limit any requirement for a business license imposed by a local jurisdiction on a participating driver for a transportation network company to a single business license, regardless of the number of local jurisdictions in which the participating driver operates.
(Added by Stats. 2017, Ch. 769, Sec. 1. (SB 182) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 7 - Transportation Network Company Drivers: Business Licenses › Section 16550.1.

16550.1. For purposes of this chapter, the following definitions apply:
(a) “Business license” includes any license, certificate, fee, or equivalent payment that is required or collected by a local jurisdiction annually, or on some other fixed cycle, as a condition of providing prearranged transportation services in the local jurisdiction.
(b) “Driver” has the same meaning as the definition of driver provided in subdivision (a) of Section 5431 of the Public Utilities Code.
(c) “Local jurisdiction” means a city, county, or city and county, including charter cities.
(d) “Personally identifiable information” means individually identifiable information about an individual driver collected by the local jurisdiction from that individual, including, but not limited to, all of the following:
(1) A first and last name.
(2) A residential address, including a street and city name.
(3) An email address.
(4) A telephone number.
(5) A social security number.
(6) Driver income or tax information.
(e) “Transportation network company” has the same meaning as the definition of transportation network company provided in subdivision (c) of Section 5431 of the Public Utilities Code.
(Added by Stats. 2017, Ch. 769, Sec. 1. (SB 182) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 1 - LICENSING FOR REVENUE AND REGULATION › CHAPTER 7 - Transportation Network Company Drivers: Business Licenses › Section 16550.2.

16550.2. (a) Any local jurisdiction that requires a driver to obtain a business license to operate as a driver for a transportation network company may only require that driver to obtain a single business license, regardless of the number of local jurisdictions in which the driver operates.
(b) The driver shall obtain a business license in the local jurisdiction in which the driver is domiciled. If the local jurisdiction does not require a business license to operate as a driver for a transportation network company, the driver shall not be required to obtain a business license for any other jurisdiction.
(c) A local jurisdiction shall not require a driver to obtain a business license if either of the following applies:
(1) The driver is compliant with subdivision (b).
(2) The driver has not operated as a driver for more than 30 days in the preceding fiscal year.
(d) Each transportation network company shall notify its drivers of the obligations set forth in this chapter.
(e) Notwithstanding any other law, a business license issued to a driver by a local jurisdiction pursuant to this chapter shall be valid for the period of time determined by the local jurisdiction by law or regulation, except that the local jurisdiction shall not require a driver to obtain a business license that applies for a period before January 1, 2018, or that imposes any penalty or fee on a driver related to the driver’s failure to obtain a business license for providing transportation network services for a period before January 1, 2018.
(f) Personally identifiable information submitted to a local jurisdiction pursuant to this chapter shall not be disclosed on a publicly accessible Internet Web site.
(g) This chapter does not preclude the sharing of business license data among local jurisdictions.
(h) The Legislature finds and declares that allowing the free operation of drivers for transportation network companies across local jurisdictions is a matter of statewide concern and is not a municipal affair as that term is used in subdivision (a) of Section 5 of Article XI of the California Constitution.
(Added by Stats. 2017, Ch. 769, Sec. 1. (SB 182) Effective January 1, 2018.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16600.

16600. (a) Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.
(b) (1) This section shall be read broadly, in accordance with Edwards v. Arthur Andersen LLP (2008) 44 Cal.4th 937, to void the application of any noncompete agreement in an employment context, or any noncompete clause in an employment contract, no matter how narrowly tailored, that does not satisfy an exception in this chapter.
(2) This subdivision does not constitute a change in, but is declaratory of, existing law.
(c) This section shall not be limited to contracts where the person being restrained from engaging in a lawful profession, trade, or business is a party to the contract.
(Amended by Stats. 2023, Ch. 828, Sec. 1. (AB 1076) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16600.1.

16600.1. (a) It shall be unlawful to include a noncompete clause in an employment contract, or to require an employee to enter a noncompete agreement, that does not satisfy an exception in this chapter.
(b) (1) For current employees, and for former employees who were employed after January 1, 2022, whose contracts include a noncompete clause, or who were required to enter a noncompete agreement, that does not satisfy an exception to this chapter, the employer shall, by February 14, 2024, notify the employee that the noncompete clause or noncompete agreement is void.
(2) Notice made under this subdivision shall be in the form of a written individualized communication to the employee or former employee, and shall be delivered to the last known address and the email address of the employee or former employee.
(c) A violation of this section constitutes an act of unfair competition within the meaning of Chapter 5 (commencing with Section 17200).
(Added by Stats. 2023, Ch. 828, Sec. 2. (AB 1076) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16600.5.

16600.5. (a) Any contract that is void under this chapter is unenforceable regardless of where and when the contract was signed.
(b) An employer or former employer shall not attempt to enforce a contract that is void under this chapter regardless of whether the contract was signed and the employment was maintained outside of California.
(c) An employer shall not enter into a contract with an employee or prospective employee that includes a provision that is void under this chapter.
(d) An employer that enters into a contract that is void under this chapter or attempts to enforce a contract that is void under this chapter commits a civil violation.
(e) (1) An employee, former employee, or prospective employee may bring a private action to enforce this chapter for injunctive relief or the recovery of actual damages, or both.
(2) In addition to the remedies described in paragraph (1), a prevailing employee, former employee, or prospective employee in an action based on a violation of this chapter shall be entitled to recover reasonable attorney’s fees and costs.
(Added by Stats. 2023, Ch. 157, Sec. 2. (SB 699) Effective January 1, 2024.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16601.

16601. Any person who sells the goodwill of a business, or any owner of a business entity selling or otherwise disposing of all of his or her ownership interest in the business entity, or any owner of a business entity that sells (a) all or substantially all of its operating assets together with the goodwill of the business entity, (b) all or substantially all of the operating assets of a division or a subsidiary of the business entity together with the goodwill of that division or subsidiary, or (c) all of the ownership interest of any subsidiary, may agree with the buyer to refrain from carrying on a similar business within a specified geographic area in which the business so sold, or that of the business entity, division, or subsidiary has been carried on, so long as the buyer, or any person deriving title to the goodwill or ownership interest from the buyer, carries on a like business therein.
For the purposes of this section, “business entity” means any partnership (including a limited partnership or a limited liability partnership), limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), or corporation.
For the purposes of this section, “owner of a business entity” means any partner, in the case of a business entity that is a partnership (including a limited partnership or a limited liability partnership), or any member, in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), or any owner of capital stock, in the case of a business entity that is a corporation.
For the purposes of this section, “ownership interest” means a partnership interest, in the case of a business entity that is a partnership (including a limited partnership a limited liability partnership), a membership interest, in the case of a business entity that is a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction that recognizes such a series), or a capital stockholder, in the case of a business entity that is a corporation.
For the purposes of this section, “subsidiary” means any business entity over which the selling business entity has voting control or from which the selling business entity has a right to receive a majority share of distributions upon dissolution or other liquidation of the business entity (or has both voting control and a right to receive these distributions.)
(Amended by Stats. 2006, Ch. 495, Sec. 1. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16602.

16602. (a) Any partner may, upon or in anticipation of any of the circumstances described in subdivision (b), agree that he or she will not carry on a similar business within a specified geographic area where the partnership business has been transacted, so long as any other member of the partnership, or any person deriving title to the business or its goodwill from any such other member of the partnership, carries on a like business therein.
(b) Subdivision (a) applies to either of the following circumstances:
(1) A dissolution of the partnership.
(2) Dissociation of the partner from the partnership.
(Amended by Stats. 2002, Ch. 179, Sec. 2. Effective January 1, 2003.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16602.5.

16602.5. Any member may, upon or in anticipation of a dissolution of, or the termination of his or her interest in, a limited liability company (including a series of a limited liability company formed under the laws of a jurisdiction recognizing such a series), agree that he or she or it will not carry on a similar business within a specified geographic area where the limited liability company business has been transacted, so long as any other member of the limited liability company, or any person deriving title to the business or its goodwill from any such other member of the limited liability company, carries on a like business therein.
(Amended by Stats. 2006, Ch. 495, Sec. 2. Effective January 1, 2007.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16603.

16603. Every person who, as a condition to a sale or consignment of any magazine, book, or other publication requires that the purchaser or consignee purchase or receive for sale any horror comic book, is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.
This section is not intended to prohibit an agreement requiring a person to purchase or accept on consignment a minimum number of copies of a single edition or issue of a magazine or of a particular book or other particular publication.
As used in this section “person” includes a corporation, partnership, or other association.
As used in this section “horror comic book” means any book or booklet in which an account of the commission or attempted commission of the crime of arson, assault with caustic chemicals, assault with a deadly weapon, burglary, kidnapping, mayhem, murder, rape, robbery, theft, or voluntary manslaughter is set forth by means of a series of five or more drawings or photographs in sequence, which are accompanied by either narrative writing or words represented as spoken by a pictured character, whether such narrative words appear in balloons, captions or on or immediately adjacent to the photograph or drawing.
(Amended by Stats. 1983, Ch. 1092, Sec. 49. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16604.

16604. Every person who, as a condition to a sale or consignment of any magazine, book, or other publication, requires that the purchaser or consignee purchase or receive for sale any other magazine, book, or other publication is guilty of a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both such imprisonment and such fine.
This section is not intended to prohibit an agreement requiring a person to purchase or accept on consignment a minimum number of copies of a single edition or issue of a magazine or of a particular book or other particular publication.
As used in this section, “person” includes a corporation, partnership, or other association.
This section does not apply with respect to any contract relating exclusively to the sale or consignment of any newspaper of general circulation as defined by Section 6000 of the Government Code.
(Amended by Stats. 1983, Ch. 1092, Sec. 50. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16605.

16605. Every person engaged in the business of distribution of books, magazines or publications of any kind to retail dealers shall remove from the possession of a retail dealer, within 10 days after notification by the dealer, any material which he delivered to the dealer which the dealer did not specifically request, if such dealer notifies such person that he does not want the material within 48 hours of receipt of the material.
Any person who refuses to transact business with a dealer because of any action taken by the dealer under this section is guilty of a misdemeanor.
As used in this section “person” includes a corporation, partnership or other association.
(Added by Stats. 1965, Ch. 1723.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16606.

16606. The customer list, including the names, addresses, and identity of customers, of a telephone answering service shall constitute a trade secret and confidential information of, and shall belong to, the owner of the telephone answering service.
(Added by Stats. 1968, Ch. 720.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 1 - Contracts in Restraint of Trade › Section 16607.

16607. (a) Except as provided in subdivision (b), the customer list, including the names, addresses and identity of all employer customers who have listed job orders with an employment agency within a period of 180 days prior to the separation of an employee from the agency and including the names, addresses and identity of all applicant customers of the employment agency, shall constitute a trade secret and confidential information of, and shall belong to, the employment agency.
(b) Notwithstanding the provisions of subdivision (a), no liability shall attach to, and no cause of action shall arise from, the use of a customer list of an employment agency by a former employee who enters into business as an employment agency more than one year immediately following termination of his employment.
(Added by Stats. 1973, Ch. 1116.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 1 - General Provisions › Section 16700.

16700. The provisions of this chapter are cumulative of each other and of any other provision of law relating to the same subject in effect May 22, 1907.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 1 - General Provisions › Section 16701.

16701. Section 24 of this code shall not determine the separability of the provisions of this chapter, one from another. Such separability shall be determined by whether the provisions of Chapter 530 of the Statutes of 1907 and the provisions of Chapter 362 of the Statutes of 1909 are separable among themselves and as to each other.
If the words “or reduce” (following the word “increase”) were not effectively deleted from Subdivision 2 of Section 1 of Chapter 530 of the Statutes of 1907 by Section 1 of Chapter 362 of the Statutes of 1909, a combination of capital, skill or acts by two or more persons for the purpose of reducing the price of merchandise or of any commodity is a trust.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 1 - General Provisions › Section 16702.

16702. As used in this chapter “person” or “persons” includes corporations, firms, partnerships and associations existing under or authorized by the laws of this State or any other State, or any foreign country.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 1 - General Provisions › Section 16703.

16703. Within the meaning of this chapter, labor, whether skilled or unskilled, is not a commodity.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16720.

16720. A trust is a combination of capital, skill or acts by two or more persons for any of the following purposes:
(a) To create or carry out restrictions in trade or commerce.
(b) To limit or reduce the production, or increase the price of merchandise or of any commodity.
(c) To prevent competition in manufacturing, making, transportation, sale or purchase of merchandise, produce or any commodity.
(d) To fix at any standard or figure, whereby its price to the public or consumer shall be in any manner controlled or established, any article or commodity of merchandise, produce or commerce intended for sale, barter, use or consumption in this State.
(e) To make or enter into or execute or carry out any contracts, obligations or agreements of any kind or description, by which they do all or any or any combination of any of the following:
(1) Bind themselves not to sell, dispose of or transport any article or any commodity or any article of trade, use, merchandise, commerce or consumption below a common standard figure, or fixed value.
(2) Agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure.
(3) Establish or settle the price of any article, commodity or transportation between them or themselves and others, so as directly or indirectly to preclude a free and unrestricted competition among themselves, or any purchasers or consumers in the sale or transportation of any such article or commodity.
(4) Agree to pool, combine or directly or indirectly unite any interests that they may have connected with the sale or transportation of any such article or commodity, that its price might in any manner be affected.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16721.

16721. Recognizing that the California Constitution prohibits a person from being disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin, and guarantees the free exercise and enjoyment of religion without discrimination or preference; and recognizing that these and other basic, fundamental constitutional principles are directly affected and denigrated by certain ongoing practices in the business and commercial world, it is necessary that provisions protecting and enhancing a person’s right to enter or pursue business and to freely exercise and enjoy religion, consistent with law, be established.
(a) No person within the jurisdiction of this state shall be excluded from a business transaction on the basis of a policy expressed in any document or writing and imposed by a third party where that policy requires discrimination against that person on the basis of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code or on the basis that the person conducts or has conducted business in a particular location.
(b) No person within the jurisdiction of this state shall require another person to be excluded, or be required to exclude another person, from a business transaction on the basis of a policy expressed in any document or writing that requires discrimination against that other person on the basis of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code or on the basis that the person conducts or has conducted business in a particular location.
(c) Any violation of any provision of this section is a conspiracy against trade.
(d) Nothing in this section shall be construed to prohibit any person, on this basis of his or her individual ideology or preferences, from doing business or refusing to do business with any other person consistent with law.
(Amended by Stats. 2007, Ch. 568, Sec. 3. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16721.5.

16721.5. (a) It is an unlawful trust and an unlawful restraint of trade for a person to do the following:
(1) Grant or accept a letter of credit, or other document that evidences the transfer of funds or credit, or enter into a contract for the exchange of goods or services, if the letter of credit, contract, or other document contains a provision that requires a person to discriminate against, or to certify that he, she, or it has not dealt with, another person on the basis of any characteristic listed or defined in subdivision (b) or (e) of Section 51 of the Civil Code, or on the basis of a person’s lawful business associations.
(2) To refuse to grant or accept a letter of credit, or other document that evidences the transfer of funds or credit, or to refuse to enter into a contract for the exchange of goods or services, on the ground that the letter, contract, or document does not contain a discriminatory provision or certification.
(b) This section shall not apply to a letter of credit, contract, or other document that contains a provision pertaining to a labor dispute or an unfair labor practice if the other provisions of that letter of credit, contract, or other document otherwise do not violate this section.
(c) For purposes of this section, the prohibition against discrimination on the basis of a person’s business associations does not include the requiring of association with particular employment or a particular group as a prerequisite to obtaining group rates or discounts on insurance, recreational activities, or other similar benefits.
(d) For purposes of this section, “person” shall include, but not be limited to, individuals, firms, partnerships, associations, corporations, and governmental agencies.
(Amended by Stats. 2008, Ch. 179, Sec. 22. Effective January 1, 2009.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16721.6.

16721.6. It is the intent of the Legislature that Sections 16721 and 16721.5 be interpreted and applied so as not to conflict with federal law with respect to transactions in the interstate or foreign commerce of the United States to the extent, if any, not preempted by the Export Administration Act of 1969 as amended (50 U.S.C.App. Sec. 2401 and following) and any regulations promulgated thereunder.
(Added by Stats. 1977, Ch. 859.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16722.

16722. Any contract or agreement in violation of this chapter is absolutely void and is not enforceable at law or in equity.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16725.

16725. It is not unlawful to enter into agreements or form associations or combinations, the purpose and effect of which is to promote, encourage or increase competition in any trade or industry, or which are in furtherance of trade.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16726.

16726. Except as provided in this chapter, every trust is unlawful, against public policy and void.
(Added by Stats. 1941, Ch. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16727.

16727. It shall be unlawful for any person to lease or make a sale or contract for the sale of goods, merchandise, machinery, supplies, commodities for use within the State, or to fix a price charged therefor, or discount from, or rebate upon, such price, on the condition, agreement or understanding that the lessee or purchaser thereof shall not use or deal in the goods, merchandise, machinery, supplies, commodities, or services of a competitor or competitors of the lessor or seller, where the effect of such lease, sale, or contract for sale or such condition, agreement or understanding may be to substantially lessen competition or tend to create a monopoly in any line of trade or commerce in any section of the State.
(Added by Stats. 1961, Ch. 738.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 2 - Prohibited Restraints on Competition › Section 16728.

16728. (a) Notwithstanding any other provision of law, motor carriers of property, as defined in Section 34601 of the Vehicle Code, may voluntarily elect to participate in uniform cargo liability rules, uniform bills of lading or receipts for property being transported, uniform cargo credit rules, joint line rates or routes, classifications, mileage guides, and pooling. Motor carriers of property that so elect shall comply with all requirements of Section 14501(c) of Title 49 of the United States Code and with federal regulations promulgated pursuant to that section. The Legislature intends by this section to provide to motor carriers of property the antitrust immunity authorized by state action pursuant to Section 14501(c) of Title 49 of the United States Code.
(b) The election authorized by this section shall be exercised in either of the following ways:
(1) Participation in an agreement pursuant to Section 13703 of Title 49 of the United States Code.
(2) Filing with the Department of Motor Vehicles a notice of adoption of any or all of the uniform cargo liability rules, uniform bills of lading or receipts for property being transported, uniform cargo credit rules, joint rates or routes, classifications, mileage guides, and pooling contained in an identified publication authorized by Section 13703 of Title 49 of the United States Code, along with a written certification issued by the organization establishing those uniform rules or provisions in accordance with Section 13703(g)(1)(B) of Title 49 of the United States Code, affirming participation of the motor carrier of property in the collective publication. The certification shall be made available for public inspection.
(c) The elections made by a motor carrier of property pursuant to this section may be canceled by the motor carrier.
(Amended by Stats. 1998, Ch. 829, Sec. 3. Effective January 1, 1999.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 3 - Enforcement › Section 16750.1.

16750.1. Any civil action to enforce any cause of action for a violation of this chapter shall be commenced within four years after the cause of action accrued. No cause of action barred under existing law on the effective date of the amendment of this section at the 1977–78 Regular Session of the Legislature shall be revived by such amendment.
(Amended by Stats. 1977, Ch. 541.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 3 - Enforcement › Section 16750.2.

16750.2. Any person, other than the Attorney General or a district attorney, who commences, by writ or appeal, any proceeding in the Supreme Court of California or a state court of appeal in which a violation of this chapter is alleged or any application of this chapter is in issue shall serve notice thereof upon the Attorney General within three days after the commencement of the proceeding, provided that such time may be extended by the Chief Justice or presiding justice for good cause shown. No relief, temporary or permanent, shall be granted until proof of service of this notice is filed with the court.
(Added by Stats. 1983, Ch. 765, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 3 - Enforcement › Section 16751.

16751. Whenever it appears to the court before which any proceedings under this chapter are pending that the ends of justice require that other parties shall 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. 526.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 3 - Enforcement › Section 16752.

16752. Upon a violation of this chapter by any corporation or association the Attorney General or the district attorney of the proper county may institute proper proceedings in a 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.
(Amended by Stats. 1959, Ch. 2079.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 3 - Enforcement › Section 16753.

16753. Every foreign corporation or association, exercising any of the powers, franchises or functions of a corporation in this state, which violates this chapter, is subject to revocation of those powers, franchises or functions and upon such revocation is prohibited from doing any business in this state. The Attorney General, or a district attorney of a county where the offense or any part thereof is committed, may enforce this provision by bringing proper proceedings by injunction or otherwise. Upon receipt of a certified copy of the judgment and decree of any court of competent jurisdiction finding any foreign corporation or association guilty of violating this chapter and ordering a revocation of its powers, franchises or functions of a corporation in this state, the Secretary of State shall revoke the license of any such corporation or association heretofore authorized to do business in this state.
(Amended by Stats. 1977, Ch. 540.)
2023 California Code › Business and Professions Code - BPC › DIVISION 7 - GENERAL BUSINESS REGULATIONS › PART 2 - PRESERVATION AND REGULATION OF COMPETITION › CHAPTER 2 - Combinations in Restraint of Trade › ARTICLE 3 - Enforcement › Section 16754.

16754. The Attorney General, or the district attorney of any county, subject to the notice requirements of subdivision (g) of Section 16750, shall initiate civil actions or criminal proceedings for violation of this chapter. Civil actions and criminal proceedings for violation of this chapter initiated by the Attorney General or district attorney may be brought in the superior court in and for any county where the offense or any part thereof is committed or where any of the offenders reside or where any corporate defendant does business. In any civil action or criminal proceeding brought by a district attorney pursuant to this section, the Attorney General shall have all of the powers set forth in Section 12550 of the Government Code.
(Amended by Stats. 1977, Ch. 540.)