California Business and Professions Code 7538 – (a) After a hearing the director may deny a license unless the …
(a) After a hearing the director may deny a license unless the applicant makes a showing satisfactory to the director that the applicant, if an individual, and the applicant’s qualified manager have not, or, if the applicant is a person other than an individual, that its qualified manager and each of its officers, partners, members, or managers have not:
(1) Committed any act that, if committed by a licensee, would be a ground for the suspension or revocation of a license under this chapter.
Terms Used In California Business and Professions Code 7538
- director: means the Director of Consumer Affairs, unless the context indicates otherwise. See California Business and Professions Code 7512.1
- Fraud: Intentional deception resulting in injury to another.
- license: means license, certificate, registration, or other means to engage in a business or profession regulated by this code or referred to in Section 1000 or 3600. See California Business and Professions Code 23.7
- licensee: means a person licensed under this chapter. See California Business and Professions Code 7512.6
- manager: means an individual designated under an operating agreement of a manager-managed limited liability company who is responsible for performing the management functions for the limited liability company specified in subdivision (c) of §. See California Business and Professions Code 7512.15
- member: means an individual who is a member of a limited liability company as specified in §. See California Business and Professions Code 7512.14
- person: includes any individual, firm, company, limited liability company, association, organization, partnership, and corporation. See California Business and Professions Code 7512.3
- qualified manager: means the individual under whose direction, control, charge, or management the business of a licensee is operated as specified in Section 7536. See California Business and Professions Code 7512.7
(2) Committed any act constituting dishonesty or fraud.
(3) Committed any act or crime constituting grounds for denial of licensure under Section 480, including illegally using, carrying, or possessing a deadly weapon.
(4) Been refused a license under this chapter or had a license revoked.
(5) Been an officer, partner, qualified manager, member, or manager of any person who has been refused a license under this chapter or whose license has been revoked.
(6) While unlicensed committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(7) Knowingly made any false statement in their application.
(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Amended (as amended by Stats. 2020, Ch. 312, Sec. 87) by Stats. 2022, Ch. 625, Sec. 29. (SB 1443) Effective January 1, 2023. Repealed as of January 1, 2025, by its own provisions. See later operative version, as amended by Sec. 30 of Stats. 2022, Ch. 625.)