Sections
Article 1 General Provisions 17000 – 17002
Article 2 Definitions 17020 – 17031
Article 3 Offenses Against the Chapter 17040 – 17051
Article 4 Civil Liability 17070 – 17087
Article 5 Liability of Agents 17095 – 17096
Article 6 Penal Provisions 17100 – 17101

Terms Used In California Codes > Business and Professions Code > Division 7 > Part 2 > Chapter 4

  • acquire: includes , but is not restricted to, taking by condemnation, purchase, or lease and receiving by donation or dedication. See California Government Code 37441
  • Acquiring district: means a district in which all or a part of, a state-aided district or an applicant district has been included. See California Education Code 16733
  • Acquiring district: means a school district that has all or portions of one or more other school districts transferred into, or lapsed into, its boundaries pursuant to subdivision (b) of Section 35511 or Section 35780. See California Education Code 35514
  • Advertisement: means a commercial message in any medium that directly or indirectly solicits or promotes one or more specific rental-purchase transactions, excluding instore merchandising aids. See California Government Code 56750
  • Apparent owner: means the person who appears from the records of the holder to be entitled to property held by the holder. See California Education Code 18310
  • Apportionment: means an apportionment made under this chapter unless the context otherwise requires. See California Education Code 16702
  • assessment: as used in this chapter , shall have the same meaning as the term "evaluation" in the Individuals with Disabilities Education Act, as provided in Section 1414 of Title 20 of the United States Code. See California Education Code 56302.5
  • Banking organization: means any national or state bank, trust company, banking company, land bank, savings bank, safe-deposit company, private banker, or any similar organization. See California Education Code 18310
  • Benefit corporation: means a corporation organized under the General Corporation Law that has elected to become subject to this part and whose status as a benefit corporation has not been terminated as provided in this part. See California Education Code 35766
  • Benefit enforcement proceeding: means a claim or action relating to any of the following:

    California Education Code 35766

  • bioanalyst: means a person licensed under Section 1260 to engage in clinical laboratory practice and direction of a clinical laboratory. See California Education Code 56362
  • Blanket encumbrance: means any mortgage, deed of trust, option to purchase, vendor's lien or interest under a contract or agreement of sale, or other financing lien or encumbrance granted by the membership camping operator or affiliate which secures or evidences the obligation to pay money or to sell or convey any campgrounds made available to purchasers by the membership camping operator or any portion thereof, and which authorizes, permits, or requires the foreclosure or other disposition of the campground. See California Government Code 38446
  • board: refers to the State Board of Chiropractic Examiners. See California Education Code 56347
  • Board: as used in this chapter , means the regional planning board. See California Government Code 38402
  • Board: means the State Allocation Board. See California Education Code 16702
  • board of supervisors: means the board of supervisors of the county within which the city or territory is situated. See California Government Code 14857
  • Business association: means any private corporation, joint stock company, business trust, partnership, or any association for business purposes of two or more individuals, whether or not for profit, including, but not by way of limitation, a banking organization, financial organization, life insurance corporation, and utility. See California Education Code 18310
  • Bylaws: as used in this part means the code or codes of rules used, adopted, or recognized for the regulation or management of the affairs of the corporation irrespective of the name or names by which such rules are designated. See California Corporations Code 9150
  • Campground: means real property within this state owned or operated by a membership camping operator and designated in whole or in part by the membership camping operator as available for camping or outdoor recreation by purchasers of membership camping contracts. See California Government Code 38446
  • Camping site: means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for camping. See California Government Code 38446
  • Cash price: means the price of the personal property described in the rental-purchase agreement that the consumer may pay in cash to the lessor at the inception of the rental-purchase agreement to acquire ownership of that personal property. See California Government Code 56750
  • Change in ownership: means any change in the persons who are owners. See California Education Code 56366.1
  • CLIA laboratory director: means the person identified as the laboratory director on the CLIA certificate issued to the laboratory by the federal Centers for Medicare and Medicaid Services (CMS). See California Education Code 56364.1
  • clinical histocompatibility scientist: means any person, other than a person licensed to direct a clinical laboratory, or licensed as a clinical laboratory scientist or trainee, who is licensed under Sections 1261, 1261. See California Education Code 56366
  • clinical laboratory scientist: means any person, other than a licensed clinical laboratory bioanalyst or trainee, who is licensed under Sections 1261 and 1262 to engage in clinical laboratory practice under the overall operation and administration of a laboratory director, unless serving as a director of a waived laboratory as provided in Section 1209. See California Education Code 56362.1
  • Commercial purposes: include the determination of the weight, measure, or count of any commodity or thing that is sold on the basis of weight, measure, or count. See California Education Code 56836.09
  • Consumer: means a natural person or persons who rent or lease personal property from a lessor pursuant to a rental-purchase agreement or to whom a lessor offers personal property for use pursuant to a rental-purchase agreement. See California Government Code 56750
  • Consumer: means a natural person who has entered into a consumer contract with a seller. See California Government Code 37360
  • Consumer contract: means a writing prepared by a seller and, except as provided in subdivision (c) of Section 1799. See California Government Code 37360
  • Consumer contract guaranty: means a writing prepared by a seller and signed, or to be signed, by a guarantor which guarantees the obligation of a consumer under a consumer contract. See California Government Code 37360
  • contract for dance studio lessons and other services: means a contract for instruction in ballroom or other types of dancing, and includes lessons and other services, whether given to students individually or in groups. See California Government Code 37551
  • contract for health studio services: means a contract for instruction, training or assistance in physical culture, body building, exercising, reducing, figure development, or any other such physical skill, or for the use by an individual patron of the facilities of a health studio, gymnasium or other facility used for any of the above purposes, or for membership in any group, club, association or organization formed for any of the above purposes. See California Government Code 37615.3
  • Copy: means a reproduction, facsimile, or duplicate. See California Government Code 37360
  • Corporation: as used in this part means a corporation which is organized under, or subject to this part, including a central organization. See California Corporations Code 12232
  • Correct: means any weight or measure or weighing, measuring, or counting instrument that meet all of the tolerance and specification requirements established by the secretary pursuant to Section 12107. See California Education Code 56836.09
  • Cost of rental: means the difference between the total of all periodic payments necessary to acquire ownership under the rental-purchase agreement and the cash price of the rental property that is subject to the rental-purchase agreement. See California Government Code 56750
  • Council: as used in this chapter , means the Planning Advisory and Assistance Council established pursuant to subdivision (a) of Section 65040. See California Government Code 37612
  • Council of governments: means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1. See California Government Code 56766
  • creditor: means the state or the department or agency of the state seeking to collect the liability. See California Code of Civil Procedure 688.040
  • Days: means calendar days. See California Government Code 37360
  • debtor: means the debtor from whom the liability is sought to be collected. See California Code of Civil Procedure 688.040
  • Department: means the Department of Housing and Community Development. See California Government Code 56766
  • department: means the State Department of Public Health. See California Education Code 56361.2
  • designated instruction and services: means "related services" as that term is defined in Section 1401(26) of Title 20 of the United States Code and Section 300. See California Education Code 56363
  • Director: means the Director of Education. See California Education Code 16702
  • Directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Corporations Code 12233
  • directors: means natural persons, designated in the articles or bylaws or elected by the incorporators, and their successors and natural persons designated, elected, or appointed by any other name or title to act as members of the governing body of the corporation. See California Government Code 31781.11
  • District: as used in this chapter , means a regional planning district created by the Office of Planning and Research pursuant to Section 65040. See California Government Code 37612.1
  • District: as used in this chapter , means a district created and operating under this chapter. See California Government Code 38401
  • Districts: means school districts of every kind or class. See California Education Code 35514
  • Divided district: means a school district that has had a portion of its territory become part of a new school district or transferred into one or more other school districts by an action to reorganize taken pursuant to Section 35511. See California Education Code 35514
  • Electronic device: means a desktop or laptop computer, handheld device, tablet, smartphone, or other electronic product or device that has a platform on which to download, install, or run any software program, code, script, or other content. See California Government Code 56750
  • element: means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. See California Government Code 56766
  • Express consent: means the affirmative agreement to any use or installation of geophysical location tracking technology or remote technical assistance. See California Government Code 56750
  • Fee: means any payment, charge, fee, cost, or expense, however denominated, other than a rental payment. See California Government Code 56750
  • Financial institution: means any commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money. See California Government Code 37360
  • Financial organization: means any federal or state savings and loan association, building and loan association, credit union, investment company, or any similar organization. See California Education Code 18310
  • Flood hazard zone: means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency Management Agency. See California Health and Safety Code 9647
  • Former district: means a school district that has been wholly included in another school district, or has had all of its territory made part of two or more other school districts, through any action taken pursuant to Section 35511 or through a lapsation pursuant to Section 35780. See California Education Code 35514
  • Foster family home: includes a small family home as defined in paragraph (6) of subdivision (a) of Section 1502 of the Health and Safety Code, a certified family home of a foster family agency as defined in Section 1506 of the Health and Safety Code, and a resource family as defined in Section 1517 of the Health and Safety Code and Section 16519. See California Education Code 56155.5
  • Frequent user coordinated care housing services: means housing combined with other supportive services for homeless persons identified by a city or county as the most costly, frequent users of publicly funded emergency services. See California Government Code 56766
  • Functional plan: as used in this chapter , means an intermediate- or short-range plan for the operation of a discrete function of state government. See California Government Code 37610
  • General public benefit: means a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard, from the business and operations of a benefit corporation. See California Education Code 35766
  • Geophysical location tracking technology: means hardware, software, or an application that collects and reports data or information that identifies the precise geophysical location of an item, including technologies that report the GPS coordinates of an electronic device, the WiFi signals available to or actually used by an electronic device to access the Internet, the telecommunication towers or connections available to or actually used by an electronic device, the processing of any reported data or information through geolocation lookup services, or any information derived from any combination of the foregoing. See California Government Code 56750
  • Goods: means tangible and intangible personal property. See California Government Code 37360
  • Guarantor: means a person who guarantees the obligation of a consumer under a consumer contract by signing a consumer contract guaranty. See California Government Code 37360
  • health fair: means a program of health assessment procedures offered to the general public that may include screening, self-ordered, or diagnostic clinical laboratory tests or examinations performed by a clinical laboratory licensed or registered under subdivision (a) of Section 1265 that meets all the requirements of this chapter. See California Education Code 56366.6
  • histocompatibility laboratory director: means a physician and surgeon licensed to practice medicine pursuant to Chapter 5 (commencing with Section 2000) who is qualified pursuant to Section 1209, a bioanalyst licensed pursuant to Section 1260 who is qualified pursuant to Sections 1203 and 1209, or a person who has earned a doctoral degree in a biological science, who has completed, subsequent to graduation, four years of experience in immunology, two of which have been in histocompatibility testing. See California Education Code 56364.2
  • Holder: means any person in possession of property subject to this chapter belonging to another, or who is trustee in case of a trust, or is indebted to another on an obligation subject to this chapter. See California Education Code 18310
  • Incorrect: means any instrument that fails to meet all of the requirements of Section 12107. See California Education Code 56836.09
  • initiative: means the California Initiative to Advance Precision Medicine established in Section 65057. See California Government Code 37660
  • interested person: means any person owning an interest in the park or the land embraced within it as reversioner, remainderman, abutting property owner, or otherwise. See California Government Code 38402
  • jurisdiction: means a city, city and county, or county. See California Government Code 56766
  • laboratory director: means any person who is any of the following:

    California Education Code 56364.1

  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 14856
  • Lessor: means any person or entity that provides or offers to provide personal property for use by consumers pursuant to a rental-purchase agreement. See California Government Code 56750
  • library trustees: as used in this chapter mean the regularly elected union high school trustees who reside within the library district. See California Education Code 18300
  • Life insurance corporation: means any association or corporation transacting the business of insurance on the lives of persons or insurance appertaining thereto, including, but not by way of limitation, endowments, and annuities. See California Education Code 18310
  • mayor: includes president of the legislative body. See California Government Code 14858
  • Measuring instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining measure and includes any tool, appliance, or accessory used or connected therewith. See California Education Code 56836.09
  • Membership camping contract: means an agreement offered or sold within the State of California by a membership camping operator or membership camping broker evidencing a purchaser's right or license to use for more than 14 days in a year, the campgrounds of a membership camping operator and includes a membership which provides for this use. See California Government Code 38446
  • Membership camping contract broker: means a person who, for compensation, resells or offers to resell a membership camping contract to a new purchaser on behalf of a prior purchaser. See California Government Code 38446
  • Membership camping operator: means any enterprise, other than one that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1954, as amended, that has as one of its purposes the ownership or operation of campgrounds which include or may include use of camping sites, that solicits membership paid for by a fee or periodic payments, such as annual dues, and the contractual members are the primary intended users. See California Government Code 38446
  • mineral right: means an interest in minerals, regardless of character, whether fugacious or nonfugacious, organic or inorganic, that is created by grant or reservation, regardless of form, whether a fee or lesser interest, mineral, royalty, or leasehold, absolute or fractional, corporeal or incorporeal, and includes express or implied appurtenant surface rights. See California Civil Code 883.110
  • Minimum status vote: means that:

    California Education Code 35766

  • Monitoring technology: means any hardware, software, or application utilized in conjunction with an electronic device that can cause the electronic device to capture, monitor, record, or report information about user activities with or without the user's knowledge. See California Government Code 56750
  • New district: means a school district that is formed from all or portions of one or more other school districts by an action to reorganize taken pursuant to subdivision (a) of Section 35511. See California Education Code 35514
  • Nondisturbance agreement: means an instrument in recordable form by which the holder of a blanket encumbrance agrees to all of the following:

    California Government Code 38446

  • Offer: means any solicitation reasonably designed to result in entering into a membership camping contract. See California Government Code 38446
  • Office: as used in this chapter means the Office of Planning and Research. See California Government Code 37609.1
  • Official census: as used in this chapter , means any decennial or special federal census, or an official estimate of the State Department of Finance. See California Government Code 38403
  • On the certificate: as used in this part means that a statement appears on the face of a certificate or on the reverse thereof with a reference thereto on the face. See California Corporations Code 12242
  • oral and maxillofacial pathologist: means any person licensed by the department under Section 1264 to engage in, or supervise others engaged in, clinical laboratory practice limited to his or her area of specialization or to direct a clinical laboratory, or portion thereof, limited to his or her area of specialization. See California Education Code 56363.3
  • original dedicator: includes any person, or his successors and assigns, who has dedicated any land in the city for use as a public park. See California Government Code 38400
  • Original district: means a school district as it existed before an action to reorganize pursuant to Section 35511 or before an action to lapse a school district pursuant to Section 35780. See California Education Code 35514
  • owner: means any person with an ownership or control interest in a clinical laboratory. See California Education Code 56366.1
  • Owner: means a depositor in case of a deposit, a beneficiary in case of a trust, or creditor, claimant, or payee in case of other choses in action, or any person having a legal or equitable interest in property subject to this chapter, or his or her legal representative. See California Education Code 18310
  • person: includes firm, association, partnership, individual, limited liability company, and corporation. See California Education Code 56361
  • Person: means any individual, business association, government or governmental subdivision or agency, two or more persons having a joint or common interest, or any other legal or commercial entity, whether that person is acting in his or her own right or in a representative or fiduciary capacity. See California Education Code 18310
  • Person: means any individual, corporation, partnership, limited liability company, trust, association, or other organization other than a government or a subdivision thereof. See California Government Code 38446
  • prescription drug claims processor: as used in this part , means any nongovernmental entity which has a contractual relationship with purchasers of prepaid or insured prescription drug benefits, and which processes, consults, advises on, or otherwise assists in the processing of prepaid or insured prescription drug benefit claims submitted by a licensed California pharmacy or patron thereof. See California Government Code 37384
  • Project: means the purpose or purposes for which a school district has applied for an apportionment or apportionments. See California Education Code 16702
  • Purchaser: means a person who enters into a membership camping contract and thereby obtains the right to use the campgrounds of a membership camping operator. See California Government Code 38446
  • Region: as used in this chapter , means the area included within a district. See California Government Code 38404
  • Regional plan: as used in this chapter , means a comprehensive, long-term general plan for the physical development of the region, and any land outside its boundaries which in the board's judgment bears relation to its planning. See California Government Code 38405
  • related services: means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable an individual with exceptional needs to receive a free appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation, and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist an individual with exceptional needs to benefit from special education, and includes the early identification and assessment of disabling conditions in children. See California Education Code 56363
  • Remote technical assistance: means collaborative access by the user and technician to connect to an electronic device for the purpose of providing technical support to the user. See California Government Code 56750
  • Rental-purchase agreement: except as otherwise provided in this subdivision, means an agreement between a lessor and a consumer pursuant to which the lessor rents or leases, for valuable consideration, personal property for use by a consumer for personal, family, or household purposes for an initial term not exceeding four months that may be renewed or otherwise extended, if under the terms of the agreement the consumer acquires an option or other legally enforceable right to become owner of the property. See California Government Code 56750
  • Reorganized district: means a school district that is a "new district" an "acquiring district" or a "divided district. See California Education Code 35514
  • Report: as used in this chapter , means the State Environmental Goals and Policy Report. See California Government Code 37611
  • Royalty recipient: means a party to a contract for the furnishing of services in the production of sound recordings, as defined in Section 101 of Title 17 of the United States Code, who has the right to receive royalties under that contract. See California Government Code 37382
  • rural region: means a nonurban area identified by the department on an annual basis using the loan eligibility criteria of the Rural Housing Service of the United States Department of Agriculture, Rural Development Administration, or its successor agency. See California Government Code 56831
  • Sacramento-San Joaquin Valley: means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. See California Health and Safety Code 9647
  • school: means any place, establishment, or institution organized and operated to offer training for one or more of the personnel classifications included in this chapter or the regulations pertaining thereto. See California Education Code 56366.5
  • sell: means entering into, or other disposition, of a membership camping contract for value. See California Government Code 38446
  • Seller: means a person who has entered into a consumer contract with a consumer. See California Government Code 37360
  • seller: means membership camping operator. See California Government Code 38446
  • Service station: as used in this chapter , means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public. See California Education Code 56456
  • Specific public benefit: includes all of the following:

    California Education Code 35766

  • State-aided district: means a district to which an apportionment has been made under this chapter. See California Education Code 16733
  • Supportive housing: means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an onsite or offsite service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. See California Government Code 56766
  • Supportive services: include , but are not limited to, a combination of subsidized, permanent housing, intensive case management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy. See California Government Code 56766
  • Third-party standard: means a standard for defining, reporting, and assessing overall corporate social and environmental performance to which all of the following apply:

    California Education Code 35766

  • Total of payments: means the total amount of periodic payments necessary to acquire ownership of the property that is the subject of the rental-purchase agreement if the consumer makes all regularly scheduled payments. See California Government Code 56750
  • trainee: means any person licensed under this chapter for the purpose of receiving comprehensive practical experience and instruction in clinical laboratory procedures in one of the sciences or in general clinical laboratory science under the direct and responsible supervision of a person authorized to direct a laboratory under the provisions of this chapter, clinical laboratory scientist, clinical chemist scientist, clinical microbiologist scientist, clinical toxicologist scientist, clinical immunohematologist scientist, clinical genetic molecular biologist scientist, clinical cytogeneticist scientist, clinical histocompatibility scientist, or other equivalent licensee in the science or specialty or subspecialty for which he or she is licensed in a clinical laboratory certified for this purpose by the department under this chapter. See California Education Code 56362.5
  • Transitional housing: means buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance. See California Government Code 56766
  • Undetermined risk area: means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection. See California Health and Safety Code 9647
  • unfair and predatory pricing: means the payment to consumers by a supermarket site, that receives handling fees for the redemption of beverage containers, in an amount that exceeds the sum of both of the following:

    California Government Code 56831

  • unlicensed laboratory personnel: means a laboratory aide, histocompatibility technician, cardiopulmonary technician, or other person performing the activities authorized by Section 1269. See California Education Code 56366.4
  • Weighing instrument: means any device, contrivance, apparatus, or instrument used, or designed to be used, for ascertaining weight and includes any tool, appliance, or accessory used or connected therewith. See California Education Code 56836.09