reglab/statecodes huggingface dataset:
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11516.

11516. (a) Any automobile dismantler owning or controlling any vehicle of a type otherwise required to be registered under this code, may operate or move the vehicle upon the highways without subjecting the vehicle to registration or transfer, or both, solely for the purpose of moving the vehicle from its location to the established place of business of the automobile dismantler or to a scrap processor, if there are displayed on the vehicle special plates issued to the automobile dismantler as provided in this chapter, in addition to other license plates or permits already assigned and attached to the vehicle in the manner prescribed in Article 9 (commencing with Section 5200) of Chapter 1 of Division 3.
(b) The provisions of this section do not apply to work or service vehicles owned by an automobile dismantler.
(c) Every owner, upon receipt of a registration card issued for special plates, shall maintain the registration card or a facsimile copy of it with the vehicle bearing the special plates.
(Amended by Stats. 1994, Ch. 1220, Sec. 55. Effective September 30, 1994.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11517.

11517. The department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of validly outstanding special plates and license issued under this chapter, or if no executor, executrix, administrator or administratrix had been appointed, and until a certified copy of an order making such appointment is filed with the department, to the widow or other heir otherwise entitled to conduct the business of the deceased, permitting such person to exercise the privileges granted by such special plates and license for a period of one year from and after the date of death, pending, but not later than, disposal of the business and qualifications of the vendor of the business or such surviving widow or heir for such special plates and license under the provisions of this chapter. The department may restrict or condition the license and special plates and attach to the exercise of the privileges thereunder such terms and conditions as in its judgment the protection of the public requires.
(Amended by Stats. 1971, Ch. 1214.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11518.

11518. The special plates and license provided for in this chapter shall be automatically canceled if any of the following occurs:
(a) The abandonment of the established place of business of the automobile dismantler or the change thereof without notice to the department pursuant to Section 11513.
(b) The voluntary or involuntary surrender for any cause by the licensee of the special plates and license, except that a surrender of the special plates and license, the cessation of business by the licensee, or the suspension or revocation of the corporate status of the licensee, does not preclude the filing of an accusation for revocation or suspension of the surrendered license as provided in Section 11509, and does not affect the department’s decision to suspend or revoke the license. The department’s decision to suspend or revoke the license may be considered in issuing or refusing to issue any subsequent license authorized by this division to that licensee or any business representative of that licensee.
(c) When the person designated as the licensee has changed, except that the special plates issued to the original licensee may be transferred upon application as provided in Section 11501 and the newly designated licensee, as transferee, shall succeed to the privileges evidenced by the plates until their expiration.
(d) The suspension or revocation of the corporate status of the licensee.
(e) The suspension or revocation of the seller’s permit of the licensee by the State Board of Equalization.
(Amended by Stats. 1990, Ch. 1563, Sec. 31.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11519.

11519. (a) A vehicle that has been reported as a total loss salvage vehicle or dismantled vehicle may not be subsequently registered until there is submitted to the department all of the following:
(1) The prescribed bill of sale.
(2) An appropriate application.
(3) A vehicle safety systems certificate of compliance issued pursuant to Article 6.5 (commencing with Section 9888.5) of Chapter 20.3 of Division 3 of the Business and Professions Code, except that a fleet owner of motor trucks of three or more axles that are more than 6,000 pounds unladen weight, and a fleet owner of truck tractors, may instead submit certification for their own rebuilt vehicle if the fleet owner operates an inspection and maintenance station licensed by the commissioner under subdivision (b) of Section 2525.
(4) With respect to a motor vehicle subject to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, a valid certificate of compliance from a licensed motor vehicle pollution control device installation and inspection station indicating that the vehicle is properly equipped with a motor vehicle pollution control device that is in proper operating condition and is in compliance with Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code.
(5) Any other documents or fees required under law.
(b) The department may not register a vehicle that has been referred to the Department of the California Highway Patrol under subdivision (b) of Section 5505 or that has been selected for inspection by that department under subdivision (c) of that section, until the applicant for registration submits to the department a certification of inspection issued by the Department of the California Highway Patrol and all of the documents required under subdivision (a).
(Amended by Stats. 2023, Ch. 681, Sec. 24. (AB 1263) Effective January 1, 2024.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11520.

11520. (a) A licensed automobile dismantler who acquired, for the purpose of dismantling, actual possession, as a transferee, of a vehicle of a type subject to registration under this code shall do all of the following:
(1) Within five calendar days, not including the day of acquisition, mail a notice of acquisition to the department at its headquarters.
(2) Within five calendar days, not including the day of acquisition, mail a copy of the notice of acquisition to the Department of Justice at its headquarters.
(3) Not begin dismantling until 10 calendar days have elapsed after mailing the notice of acquisition. In the alternative, dismantling may begin any time after the dismantler complies with paragraph (4).
(4) Deliver to the department, within 90 calendar days of the date of acquisition, the documents evidencing ownership and the license plates last issued for the vehicle. Proof that a registered or certified letter of demand for the documents was sent within 90 days of the date of acquisition to the person from whom the vehicle was acquired may be substituted for documents that cannot otherwise be obtained. A certificate of license plate destruction, when authorized by the director, may be delivered in lieu of the license plates.
(5) Maintain a business record of all vehicles acquired for dismantling. The record shall contain the name and address of the person from whom the vehicle was acquired; the date the vehicle was acquired; the license plate number last assigned to the vehicle; and a brief description of the vehicle, including its make, type, and the vehicle identification number used for registration purposes. The record required by this paragraph shall be a business record of the dismantler separate and distinct from the records maintained in those books and forms furnished by the department.
(b) Paragraphs (1) and (2) of subdivision (a) do not apply to vehicles acquired pursuant to Section 11515, 11515.2, 22851.2, or 22851.3 of this code or Section 3071, 3072, or 3073 of the Civil Code.
(c) Paragraphs (1), (2), (3), and (4) of subdivision (a) do not apply to a vehicle acquired from another person if the other person has already notified and cleared the vehicle for dismantling with the department pursuant to this code and a bill of sale has been executed to the dismantler that properly identifies the vehicle and contains evidence of clearance by the department, including, but not limited to, a dismantling report number, temporary receipt number, or other proof of compliance with this section.
(Amended by Stats. 1997, Ch. 945, Sec. 15. Effective January 1, 1998.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11521.

11521. No person required to be licensed as an automobile dismantler under this code shall advertise the services of an automobile dismantler without indicating in the advertisement the occupational license or permit number of the automobile dismantler as issued by the department.
(Added by Stats. 1996, Ch. 265, Sec. 1. Effective January 1, 1997.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11522.

11522. The provisions of this chapter shall not prevent the local authorities of any city, city and county or county by ordinance, within the exercise of the police power of such city, city and county or county, from imposing local regulations with respect to traffic in loose vehicle parts and vehicle accessories.
(Added by Stats. 1961, Ch. 1640.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11540.

11540. (a) A salvage pool shall maintain an accurate record of every vehicle it acquires and every vehicle it disposes of, and shall notify the department of the disposition of any vehicle pursuant to Section 5900.
(b) Whenever a salvage pool acquires a total loss salvage vehicle, a nonrepairable vehicle, or a recovered stolen vehicle and the license plates on the vehicle have not been removed pursuant to subdivision (a) of Section 11515, subdivision (a) of Section 11515.2, or any other provision of law, the salvage pool shall, prior to disposing of that vehicle, remove and submit the license plates to the department. The salvage pool shall maintain an accurate record of every license plate it acquires and disposes of, which records shall be maintained for two years and be open for inspection by any peace officer during the regular business hours of that salvage pool.
(Amended by Stats. 1994, Ch. 1008, Sec. 17. Effective January 1, 1995. Operative July 1, 1995, by Sec. 19 of Ch. 1008.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11541.

11541. The department shall administer and enforce all provisions of this code pertaining to salvage pools.
This section shall become operative on July 1, 1987.
(Added by Stats. 1986, Ch. 952, Sec. 5. Section operative July 1, 1987, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3 - Automobile Dismantlers › Section 11545.

11545. (a) The department shall collaborate with the California Department of Tax and Fee Administration, the California Environmental Protection Agency, the Department of Toxic Substances Control, the State Water Resources Control Board, the Department of Resources Recycling and Recovery, and the State Air Resources Board to review and coordinate enforcement and compliance activity related to unlicensed and unregulated automobile dismantling, including resulting tax evasion, environmental impacts, and public health impacts.
(b) The department, along with the agencies listed in subdivision (a), may collaborate with and solicit information from district attorneys, certified unified program agencies, code enforcement agencies, and any other federal, state, or local agencies with jurisdictions over unlicensed and unregulated automobile dismantlers to achieve the purposes of this section.
(c) (1) On or before January 1, 2024, the department, in collaboration with the agencies listed in subdivision (a), shall submit a report to the Legislature including, but not limited to, the following:
(A) The number of unlicensed automobile dismantlers investigated and the number of investigations that resulted in an administrative enforcement action, a civil enforcement action, criminal prosecution, or compliance assistance activity.
(B) The number of unlicensed automobile dismantlers investigated and the number of investigations that resulted in an enforcement action for theft of a catalytic converter or purchase, receipt, possession, or sale of a stolen catalytic convertor.
(C) The number of locations used for unlicensed automobile dismantling that were determined to be a public nuisance and the number of actions taken to enjoin, abate, or prevent the illegal activity from continuing.
(D) Progress made to bring unlicensed automobile dismantlers into compliance through the adoption and implementation of the recommendations from the January 21, 2020, report submitted to the Legislature pursuant to Assembly Bill 1858 of the 2015–16 Regular Session.
(E) Remaining statutory, administrative, or regulatory gaps for investigating and prosecuting unlicensed automobile dismantlers.
(F) Recommendations for additional strategies for bringing unlicensed automobile dismantlers into compliance through compliance assistance, education, training, or other identified methods.
(G) Recommendations for modifying, eliminating, or continuing the coordinated enforcement and compliance activities pursuant to this section.
(2) The report required by this subdivision shall be submitted to the Legislature pursuant to Section 9795 of the Government Code.
(d) This section shall remain in effect only until January 1, 2025, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2025, deletes or extends that date.
(Added by Stats. 2021, Ch. 601, Sec. 4. (SB 366) Effective January 1, 2022. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11600.

11600. It shall be unlawful for any lessor-retailer to make a retail sale of a vehicle of a type subject to registration without having first procured either a vehicle dealer license or a lessor-retailer license or temporary permit issued by the department or when such license or temporary permit issued by the department has been canceled, suspended, revoked, or invalidated or has expired.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11601.

11601. (a) Every lessor-retailer who sells at retail a vehicle of a type subject to registration shall make application to the department for a license. The applicant shall submit proof of his status as a bona fide lessor-retailer as may reasonably be required by the department.
(b) An application shall be made for the principal place of business, and a separate branch office application shall be made for each branch office location of the licensee as shall be operated and maintained by the applicant in conjunction with the retail sale or sales of vehicles.
(c) “Principal place of business,” for the purposes of this chapter, means the place designated by the lessor-retailer as the main business or office location in California whether or not retail sales are made from such location.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11602.

11602. (a) The department shall prescribe and provide forms to be used for application for licenses to be issued under the terms and provisions of this chapter and require of such applicants, where appropriate as a condition precedent to issuance of such license, such information, including but not limited to, fingerprints and personal history statements, touching on and concerning the applicant’s character, honesty, integrity and reputation as it may consider necessary; provided, however, that every application for a lessor-retailer license shall contain, in addition to such information that the department may require, a statement of the following facts:
(1) The name and residence address of the applicant and the trade name, if any, under which he intends to conduct his business; and if the applicant be a partnership, the name and residence address of each member thereof, whether a limited or general partner, and the name under which the partnership business is to be conducted; and if the applicant be a corporation, the name of the corporation and the name and address of each of its principal officers and directors.
(2) A complete description, including the city, town or village with the street and number, if any, of its principal place of business in California and such other and additional branch location or locations.
(b) Upon receipt of an application accompanied with the appropriate fee, the department shall make a thorough investigation of the information contained in the application.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11603.

11603. (a) The department may issue, or for reasonable cause shown, refuse to issue, a license to any applicant applying for a lessor-retailer license or branch office location.
(b) The license shall contain the applicant’s name, location address and the general distinguishing number assigned to the applicant.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11604.

11604. The department may refuse to issue a lessor-retailer license when it makes any of the following determinations:
(a) The applicant has outstanding an unsatisfied final court judgment rendered in connection with an activity licensed under the authority of this division.
(b) The applicant was previously the holder, or a managerial employee of the holder, of a license issued under this division which was revoked for cause and never reissued by the department, or which was suspended for cause and the terms of suspension have not been fulfilled.
(c) The applicant was previously a business representative whose license issued under this division was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled.
(d) If the applicant is a business, a business representative was previously the holder of a license, or was a business representative of a business whose license, issued under this division, was revoked for cause and never reissued or was suspended for cause and the terms of suspension have not been fulfilled; or, by reason of the facts and circumstances related to the organization, control, and management of the business, the operation of that business will be directed, controlled, or managed by individuals who, by reason of their conviction of violations of this code, would be ineligible for a license and, by licensing that business, the purposes of this chapter would be defeated.
(e) The applicant, or a business representative if the applicant is a business, has been convicted of a crime or committed any act or engaged in conduct involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity. A conviction after a plea of nolo contendere is a conviction within the meaning of this section.
(f) The applicant was previously the holder of an occupational license issued by another state, authorizing the same or similar activities of a license issued under this division; and that license was revoked or suspended for cause and was never reissued, or was suspended for cause, and the terms of suspension have not been fulfilled.
(g) The information contained in the application is incorrect.
(h) A decision of the department to cancel, suspend, or revoke a license has been made, and the applicant was a business representative of the business regulated under that license.
(i) The applicant does not have a principal place of business in California.
(j) The applicant has failed to pay the full amount of a claim paid by the Consumer Motor Vehicle Recovery Corporation, plus interest at the rate of 10 percent per annum, as described in subdivision (i) of Section 11703.
(Amended by Stats. 2007, Ch. 437, Sec. 3. Effective January 1, 2008.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11604.1.

11604.1. Any cause specified in this chapter as a cause to suspend or revoke the license issued to a lessor-retailer is a cause to refuse to issue a license to a lessor-retailer.
(Added by Stats. 1990, Ch. 1563, Sec. 33.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11604.5.

11604.5. (a) The department, after notice and hearing, on an interim basis, may refuse to issue or may suspend a license issued under this chapter when the applicant or licensee, or a business representative if the applicant or licensee is a business, has been convicted of a crime involving moral turpitude which is substantially related to the qualifications, functions, or duties of the licensed activity, if an appeal of the conviction is pending or the conviction has otherwise not become final. A conviction after a plea of nolo contendere is a conviction within the meaning of this section.
(b) When a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is affirmed on appeal or otherwise becomes final, the refusal to issue or suspension shall automatically take effect as a denial or revocation, as the case may be, of the license. If the interim refusal to issue or suspension was stayed under probationary terms and conditions, the subsequent automatic denial or revocation shall also be stayed under the same terms and conditions for a term not to exceed the original term of probation for the interim refusal to issue or suspension.
(c) If a conviction, upon which an interim refusal to issue or suspension under subdivision (a) is based, is reversed on appeal, the refusal or suspension shall be set aside immediately by the department.
(Added by Stats. 1990, Ch. 1563, Sec. 34.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11605.

11605. (a) Upon refusal of the department to issue a license to a lessor-retailer, the applicant shall be entitled to demand in writing a hearing before the director or his representative within 60 days after notice of refusal.
(b) The hearing shall be conducted pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11606.

11606. Except where the provisions of this code require the refusal to issue a license, the department may issue a probationary license subject to conditions to be observed by the licensee in the exercise of the privilege granted. The conditions to be attached to the exercise of the privilege shall not appear on the face of the license but shall be such as may, in the judgment of the department, be in the public interest and suitable to the qualifications of the applicant as disclosed by the application and investigation by the department of the information contained therein.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11607.

11607. Pending the satisfaction of the department that the applicant has met the requirements under this chapter, it may issue a temporary permit to any person applying for a lessor-retailer license or branch office location. The temporary permit shall permit the operation by the lessor-retailer while the department is completing its investigation and determination of all facts relative to the qualifications of the applicant to such license. The department may cancel such temporary permit when it has determined or has reasonable cause to believe that the application is incorrect or incomplete or the temporary permit was issued in error. Such temporary permit shall be invalid when canceled or when the applicant’s license has been issued or refused.
(Amended by Stats. 2018, Ch. 198, Sec. 18. (AB 3246) Effective January 1, 2019.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11608.

11608. The department may issue a certificate of convenience to the executor, executrix, administrator or administratrix of the estate of a deceased holder of a valid license issued under this chapter, or if no executor, executrix, administrator or administratrix has been appointed, and until a certified copy of an order making such appointment is filed with the department, to the widow or other heir otherwise entitled to conduct the business of the deceased, permitting such person to exercise the privileges granted by such license for a period of one year from and after the date of death and necessary one-year renewals thereafter, pending, but not later than, disposal of the business and qualification of the vendee of the business or such surviving widow, heir or other persons for such license under the provisions of this chapter. The department may restrict or condition the license and attach to the exercise of the privileges thereunder such terms and conditions as in its judgment the protection of the public requires.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11609.

11609. Each office location operated and maintained by a lessor-retailer in conjunction with its retail sale of a vehicle or vehicles shall have posted in a place conspicuous to the public the license issued by the department to the lessor, and shall have erected or posted thereon such signs or devices providing information relating to the lessor-retailer’s name, the office location and the office address, to enable any person doing business with such lessor to identify him properly.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11609.5.

11609.5. Every lessor-retailer who displays or offers one or more used vehicles for sale at retail shall post a notice not less than 8 inches high and 10 inches wide, in a place conspicuous to the public, which states the following:
“The prospective purchaser of a vehicle may, at his or her own expense and with the approval of the lessor-retailer, have the vehicle inspected by an independent third party either on or off these premises.”
(Added by Stats. 1990, Ch. 1563, Sec. 35.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11610.

11610. (a)  If the lessor-retailer changes the location of its principal place of business or any branch office location in California, the lessor-retailer shall immediately upon making the change notify the department.
(b)  If a lessor-retailer, for any reason, ceases to be in possession of its principal place of business or any branch office location, the lessor-retailer shall immediately notify the department, and shall deliver to the department the lessor-retailer license issued for the location, and, upon demand, all report of sale books in his or her possession.
(c) Any person licensed under this chapter who has closed his or her principal place of business may be served with process issued pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code by registered mail at that place of business, unless the person has notified the department in writing of another address where service may be made.
(Amended by Stats. 1990, Ch. 216, Sec. 114.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11612.

11612. (a) Before any lessor-retailer license shall be issued or renewed by the department to any applicant therefor, the applicant shall procure and file with the department a bond meeting the same requirements as specified for a vehicle dealer’s license in Sections 11710 and 11710.2.
(b) Any cause of action or claim specified in Section 11711 against a vehicle dealer’s bond shall also be a cause of action or claim against a lessor-retailer’s bond.
(Amended by Stats. 1982, Ch. 517, Sec. 395.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11613.

11613. (a) The department, after notice and hearing, may suspend or revoke the license issued to a lessor-retailer upon determining that the person to whom the license was issued is not lawfully entitled thereto, or has done any of the following:
(1) Filed an application for the license using a false or fictitious name not registered with the proper authorities, or knowingly made any false statement or knowingly concealed any material fact, in the application for the license.
(2) Used a false or fictitious name, knowingly made any false statement or knowingly concealed any material fact in any application for the registration of a vehicle, or otherwise committed a fraud in the application.
(3) Knowingly purchased, sold, or otherwise acquired or disposed of a stolen motor vehicle.
(4) Violated any provision of Division 3 (commencing with Section 4000) or rule or regulation adopted pursuant thereto.
(5) Violated any provision of Division 4 (commencing with Section 10500) or rule or regulation adopted pursuant thereto.
(6) Violated any provision of this chapter or rule or regulation adopted pursuant thereto.
(7) Violated any provision of Chapter 2b (commencing with Section 2981) of Title 14 of Part 4 of Division 3 of the Civil Code or rule or regulation adopted pursuant thereto under the authority of Section 1651.
(8) Submitted a check, draft, or money order to the department for any obligation or fee due the state which was thereafter dishonored or refused payment upon presentation.
(9) Caused any person to suffer any loss or damage by reason of any fraud or deceit practiced on, or fraudulent representations made to, that person in the sale of a vehicle or parts or accessories thereof.
For purposes of this subdivision, “fraud” includes any act or omission which is included within the definition of either “actual fraud” or “constructive fraud” as defined in Sections 1572 and 1573 of the Civil Code, and “deceit” has the same meaning as defined in Section 1710 of the Civil Code. In addition, “fraud” and “deceit” include, but are not limited to, a misrepresentation in any manner, whether intentionally false or due to gross negligence, of a material fact; a promise or representation not made honestly and in good faith; an intentional failure to disclose a material fact; and any act within Section 484 of the Penal Code.
For purposes of this subdivision, “person” also includes a governmental entity.
(b) Any of the causes specified in this chapter as a cause for refusal to issue a license to a lessor-retailer applicant is cause to suspend or revoke a license issued to a lessor-retailer.
(c) Every hearing provided for in this section shall be conducted pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Amended by Stats. 1990, Ch. 1563, Sec. 36.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11613.5.

11613.5. (a) After the filing of an accusation under this chapter, the director may enter into a stipulated compromise settlement agreement with the consent of the licensee on terms and conditions mutually agreeable to the director, the respondent licensee, and the accuser without further hearing or appeal. The agreement may include, but is not limited to, a period of probation or monetary penalties, or both. The monetary penalty shall not exceed one thousand dollars ($1,000) for each violation, and it shall be based on the nature of the violation and the effect of the violation on the purposes of this chapter.
(b) A compromise settlement agreement may be entered before, during, or after the hearing, but is valid only if executed and filed pursuant to subdivision (d) before the proposed decision of the hearing officer, if any, is adopted or the case is decided.
(c) The department shall adopt, by regulation, a schedule of maximum and minimum amounts of monetary penalties, the payment of which may be included as a term or condition of a compromise settlement agreement entered under subdivision (a). Any monetary penalty included in a compromise settlement agreement shall be within the range of monetary penalties in that schedule.
(d) Any compromise settlement agreement entered under this section shall be signed by the director, the respondent licensee, and the accuser, or by their authorized representatives. The director shall file, or cause to be filed, the agreement with the Office of Administrative Hearings, together with the department’s notice of withdrawal of the accusation or statement of issues upon which the action was initiated.
(e) If the respondent licensee fails to perform all of the terms and conditions of the compromise settlement agreement, the agreement is void and the department may take any action authorized by law notwithstanding the agreement, including, but not limited to, refiling the accusation or imposing license sanctions.
(Added by Stats. 1985, Ch. 1022, Sec. 18.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11614.1.

11614.1. No lessor-retailer licensed under this chapter may do any of the following in connection with any activity for which this license is required:
(a) Use a picture in connection with any advertisement of the price of a specific vehicle or class of vehicles, unless the picture is of the year, make, and model being offered for sale. The picture may not depict a vehicle with optional equipment or a design not actually offered at the advertised price.
(b) Advertise a vehicle for sale that was used by the selling lessor-retailer in its business as a demonstrator, executive vehicle, service vehicle, rental, loaner, or lease vehicle, unless the advertisement clearly and conspicuously discloses the previous use made by that licensee of the vehicle. An advertisement may not describe any of those vehicles as “new.”
(c) Advertise any used vehicle of the current or prior model-year without expressly disclosing the vehicle as “used,” “previously owned,” or a similar term that indicates that the vehicle is used, as defined in this code.
(d) Use the terms “on approved credit” or “on credit approval” in an advertisement for the sale of a vehicle unless those terms are clearly and conspicuously disclosed and unabbreviated.
(e) Advertise an amount described by terms such as “unpaid balance” or “balance can be financed” unless the total sale price is clearly and conspicuously disclosed and is in close proximity to the advertised balance.
(f) Advertise credit terms that fail to comply with the disclosure requirements of Section 226.24 of Title 12 of the Code of Federal Regulations. Advertisements of terms that include escalated payments, balloon payments, or deferred downpayments shall clearly and conspicuously identify those payments as to amounts and time due.
(g) Advertise claims such as “everyone financed,” “no credit rejected,” or similar claims unless the dealer is willing to extend credit to any person under any and all circumstances.
(h) Advertise the amount of any downpayment unless it represents the total payment required of a purchaser prior to delivery of the vehicle, including any payment for sales tax or license. A statement such as “$____ delivers,” is an example of an advertised downpayment.
(i) Fail to clearly and conspicuously disclose in an advertisement for the sale of a vehicle any disclosure required by this code or any qualifying term used in conjunction with advertised credit terms. Unless otherwise provided by statute, the specific size of disclosures or qualifying terms is not prescribed.
(Amended by Stats. 2003, Ch. 62, Sec. 302. Effective January 1, 2004.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11615.

11615. It shall be unlawful and a violation of this code for a lessor-retailer licensed under this chapter when selling at retail a vehicle in a transaction for which this license is required:
(a) To deliver, following sale, a vehicle for operation on California highways, if such vehicle does not meet all of the equipment requirements of Division 12 (commencing with Section 24000) of this code.
(b) To fail to deliver to a transferee lawfully entitled thereto a properly endorsed certificate of ownership.
(c) To violate any of the terms or provisions of Part 5 (commencing with Section 10701) of Division 2 of the Revenue and Taxation Code or rules and regulations adopted pursuant thereto or adopted pursuant to Section 1651 of this code.
(d) To take a vehicle in trade in part or total payment for a vehicle sold by the lessor-retailer.
(e) To sell a vehicle which has not been previously leased, bailed or rented or acquired or contracted for lease or rental by the lessor-retailer.
(f) To display a vehicle for sale at a location other than the principal place of business or branch office authorized by the department for that lessor-retailer.
(Amended by Stats. 1990, Ch. 1563, Sec. 36.7.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11615.5.

11615.5. It is unlawful and a violation of this code for a person holding a license under this chapter to make a retail sale of a motor vehicle, except to the lessee of such vehicle, required to be registered pursuant to Division 3 (commencing with Section 4000) or subject to identification pursuant to Division 16.5 (commencing with Section 38000) if such person files with the department a report of sale as provided in Section 4456 with respect to such retail sale, without making the return and payment of any sales tax due and required by Section 6451 of the Revenue and Taxation Code.
(Amended by Stats. 1979, Ch. 373.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11616.

11616. If a purchaser of a vehicle pays to the lessor-retailer an amount for the licensing or transfer of title of the vehicle, which amount is in excess of the actual fees due for such licensing or transfer, or which amount is in excess of the amount which has been paid, prior to the sale, by the lessor-retailer to the state in order to avoid penalties that would have accrued because of late payment of such fees, the lessor-retailer shall return such excess amount to the purchaser, whether or not such purchaser requests the return of the excess amount.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11617.

11617. (a) The license provided for in this chapter shall be automatically canceled upon the happening of any of the following:
(1) The abandonment of the principal place of business of the lessor-retailer or the change thereof without notice to the department as provided in Section 11610.
(2) The failure of the licensee to maintain an adequate bond or to procure and file another bond as required by Section 11612 prior to the effective date of the termination by the surety of any existing bond.
(3) The voluntary or involuntary surrender for any cause by the licensee of the license, except that a surrender of the license, or cessation of business by the licensee, or the suspension or revocation of the corporate status of the licensee, does not preclude the filing of an accusation for revocation or suspension of the surrendered license as provided in Section 11613, and does not affect the department’s decision to suspend or revoke the license. The department’s determination to suspend or revoke the license may be considered in issuing or refusing to issue any subsequent license authorized by this division to that licensee or any business representative of that licensee.
(4) Notification to the department that the person designated as licensee has changed.
(5) The suspension or cancellation of the corporate status of the licensee.
(6) The suspension, revocation, or cancellation of the seller’s permit of the licensee by the California Department of Tax and Fee Administration pursuant to Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code.
(b) The branch office location license provided for in this chapter shall be automatically canceled upon the abandonment of the branch office location of the lessor-retailer or the change of that branch office without notice to the department as provided in Section 11610.
(Amended by Stats. 2022, Ch. 295, Sec. 9. (AB 2956) Effective January 1, 2023.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11618.

11618. The department may, pending a hearing, temporarily suspend the license issued to a lessor-retailer for a period not to exceed 30 days, if the director finds that such action is required in the public interest. In any such case a hearing shall be held and a decision thereon issued within 30 days after notice of the temporary suspension.
Every hearing as provided for in this section shall be pursuant to the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(Added by Stats. 1976, Ch. 1284.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 3.5 - Lessor-Retailers › Section 11620.

11620. (a) Every occupational license issued under this chapter shall be valid for a period of one year from midnight of the last day of the month of issuance. Except as provided in subdivision (c), renewal of an occupational license for the ensuing year may be obtained by the person to whom the occupational license was issued upon application to the department and payment of the fee provided in this code.
(b) Every application for the renewal of an occupational license which expires pursuant to this section shall be made by the person to whom issued not more than 90 days prior to the expiration date, and shall be made by presenting the completed application form provided by the department and by payment of the full annual renewal fee for the occupational license.
(c) If the application for renewal of the occupational license is not made by midnight of the expiration date, the application may be made within 30 days following expiration of the license by paying the annual renewal fee and a penalty fee equal to the amount of the original application fee for each occupational license held.
(d) In no event may the licensee renew the occupational license after the expiration of the 30-day period authorized in subdivision (c).
(Amended by Stats. 1984, Ch. 499, Sec. 11.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11700.

11700. No person shall act as a dealer, remanufacturer, manufacturer, or transporter, or as a manufacturer branch, remanufacturer branch, distributor, or distributor branch, without having first been issued a license as required in Section 11701 or temporary permit issued by the department, except that, when the license or temporary permit has been canceled, suspended, or revoked or has expired, any vehicle in the dealer’s inventory and owned by the dealer when the dealer ceased to be licensed may be sold at wholesale to a licensed dealer. The former licensee shall give the purchasing dealer a statement of facts stating that the seller is not a licensed dealer. Any vehicle on consignment with the dealer when the dealer ceased to be licensed shall be returned to the consignor. Any vehicle in the dealer’s possession, but not owned by the dealer and not on consignment when the dealer ceased to be licensed, shall be returned to the owner of the vehicle.
(Amended by Stats. 1990, Ch. 1563, Sec. 38.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11700.1.

11700.1. A dealer who does not have an established place of business in this state but who is currently authorized to do business as, and who has an established place of business as, a vehicle dealer in another state is not subject to licensure under this article if the business transacted in California is limited to the importation of vehicles for sale to, or the export of vehicles purchased from, persons licensed in California under this chapter.
(Added by Stats. 1979, Ch. 1088.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11700.2.

11700.2. A dealer who obtains an autobroker’s endorsement to his or her dealer’s license is subject to all of the licensing, advertising, and other statutory and regulatory requirements and prohibitions applicable to a dealer, regardless of whether that dealer acts as the buyer of a vehicle, the seller of a vehicle, or provides brokering services on behalf of another or others for the purpose of arranging, negotiating, assisting, or effectuating the sale of a vehicle not owned by that dealer.
(Added by Stats. 1995, Ch. 211, Sec. 4. Effective January 1, 1996.)
2023 California Code › Vehicle Code - VEH › DIVISION 5 - OCCUPATIONAL LICENSING AND BUSINESS REGULATIONS › CHAPTER 4 - Manufacturers, Transporters, Dealers, and Salesmen › ARTICLE 1 - Issuance of Licenses and Certificates to Manufacturers, Transporters, and Dealers › Section 11700.3.

11700.3. No person may aid and abet a person in the performance of any act in violation of this chapter.
(Added by Stats. 2002, Ch. 407, Sec. 1. Effective January 1, 2003.)