(a) Any change in the ownership of a crematory shall be reported to the bureau.

(b) Any transfer in a single transaction or a related series of transactions of more than 50 percent of the equitable interest in a licensed crematory shall constitute a change of ownership.

Terms Used In California Business and Professions Code 7712.1

  • Bureau: means the Cemetery and Funeral Bureau. See California Business and Professions Code 7601
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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
  • Subdivision: means a subdivision of the section in which that term occurs, unless some other section is expressly mentioned. See California Business and Professions Code 15

(c) When a change of ownership in a crematory occurs, all of the following apply:

(1) The new owner may submit an application to assign the crematory license.

(2) If the new owner submits an application pursuant to paragraph (1), the new owner shall submit the application at least 30 days before the change of ownership occurs.

(3) If the new owner submits an application pursuant to paragraph (1), the new owner shall pay the fee described in subdivision (b) of Section 7712.9.

(4) If the new owner submits an application pursuant to paragraph (1), the bureau shall approve or disapprove the application.

(5) If the new owner submits an application pursuant to paragraph (1), the bureau may approve the application prior to the date of the final sale.

(d) (1) Within 10 days after a sale of a crematory is final, the new owner shall submit to the bureau a copy of the final sales agreement.

(2) Within 60 days after a sale of a crematory is final, the new owner shall submit to the bureau proof that any required permit to operate the crematory issued by a local air pollution control district has been assigned to the new owner.

(3) A failure to comply with paragraph (1) or (2) shall constitute a ground for a disciplinary action.

(e) The bureau shall not require an applicant under this section to obtain any new permit or license from any other governmental agency when the existing permit or license is valid.

(Amended by Stats. 2023, Ch. 206, Sec. 1. (AB 1560) Effective January 1, 2024.)

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