Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1464

Introduced by Assembly Member Bloom

February 27, 2015

begin delete An act to amend Section 18870 of the Business and Professions Code, relating to business. end delete begin insert An act to amend Sections 7414.1, 7414.3, 7414.4, 7414.6, 22702, 22704, 22705, 22706, and 22707 of, and to add Sections 22704.5, 22704.7, and 22705.5 to, the Business and Professions Code, and to amend Sections 114985 and 115085 of the Health and Safety Code, relating to tanning. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1464, as amended, Bloom. begin delete State Athletic Commission Act. end delete begin insert Tanning. end insert

begin insert

Existing law, the Filante Tanning Facility Act of 1988, provides for the regulation of tanning facilities by the Department of Consumer Affairs. A violation of the act is a crime. Existing law, the Radiation Control Law, requires the State Department of Public Health to regulate the use and control of radiologic materials. A violation of the Radiation Control Law, or a regulation adopted pursuant to that law, is a crime.

end insert begin insert

This bill would require the State Department of Public Health to license and regulate the owners of tanning facilities, as specified, and to administer the provisions that regulate tanning facilities. The bill would impose a licensure fee on the owners of tanning facilities, to be deposited into a newly created fund, subject to appropriation. The bill would require tanning device operators to receive training in the operation of tanning equipment, as specified, and would require the State Department of Public Health to adopt regulations to implement those training requirements. The bill would make changes to the Radiation Control Law to impose additional inspection requirements for nonionizing radiation devices, as defined. The bill would make conforming changes to related provisions.

end insert begin insert

By extending the application of a crime pursuant to the Filante Tanning Facility Act of 1988 and the Radiation Control Law, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Under existing law, the State Athletic Commission Act, the State Athletic Commission has jurisdiction over all professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of forms of full contact martial arts contests, including mixed martial arts, and matches or exhibitions conducted, held, or given within this state. Under existing law, any person or promoter who directly or indirectly holds, aids, or abets, or attempts to hold, aid, or abet the holding of, any contest, match, or exhibition without first having obtained a license or permit is guilty of a misdemeanor.

end delete begin delete

This bill would make nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

This act shall be known, and may be cited, as the
NonIonizing Radiation Protection Act.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

In enacting this act, the Legislature finds and declares
all of the following:

end insert begin insert

(a) In May 2014, the federal Food and Drug Administration
issued a final order reclassifying sunlamp products and ultraviolet
(UV) lamps intended for use in sunlamp products from low-risk
(class I) to moderate-risk (class II) devices, requiring that sunlamp
products carry a visible black-box warning on the device that
explicitly states that the sunlamp product should not be used on
persons under 18 years of age, and requiring that marketing
materials for sunlamp products and UV lamps include additional
and specific warning statements and contraindications.

end insert begin insert

(b) The public health interest requires that the people of this
state be protected from excessive and improper exposure to
nonionizing radiation.

end insert begin insert

(c) In order to provide that protection, it is necessary to require
increased inspections and calibration of tanning devices that are
located in tanning parlors, fitness facilities, and other settings.

end insert begin insert

(d) It is the purpose of this act to establish tanning equipment
inspection and safety standards and standards of education,
training, and experience for persons who use nonionizing radiation
on human beings, and to prescribe means for ensuring that these
standards are met.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 7414.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7414.1.  

All records required by law to be kept by tanning
facilities subject to the Filante Tanning Facility Act of 1988
(Chapter 23 (commencing with Section 22700) of Division 8),
including, but not limited to, records relating to written warning
statements, the sign required to be posted, the qualifications of
facility operators, statements of acknowledgment, begin delete parental consent
forms, end delete and injury reports, shall be open to inspection by the begin delete board end delete
begin insert State Department of Public Health end insert , or its authorized
representatives, during any inspection, or during any investigation
initiated in response to a complaint that the tanning facility has
violated any provision of the Filante Tanning Facility Act of 1988.
A copy of any or all of those records shall be provided to the begin delete board end delete
begin insert State Department of Public Health end insert , or its authorized
representatives, immediately upon request.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 7414.3 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7414.3.  

(a) Any representative of the begin delete board end delete begin insert State Department
of Public Health end insert designated by the begin delete director end delete begin insert officer end insert shall have the
authority to issue a written notice to appear in court pursuant to
Chapter 5c (commencing with Section 853.5) of Title 3 of Part 2
of the Penal Code. Representatives so designated are not peace
officers and are not entitled to safety member retirement benefits,
as a result of that designation. Except as otherwise provided, the
representative’s authority is limited to the issuance of written
notices to appear for infraction violations of the Filante Tanning
Facility Act of 1988 and only when the violation is committed in
the presence of the representative.

(b) There shall be no civil liability on the part of, and no cause
of action shall arise against, any representative, acting pursuant to
subdivision (a) and within the scope of his or her authority, for
false arrest or false imprisonment arising out of any arrest which
is lawful or which the representative, at the time of that arrest, had
reasonable cause to believe was lawful.

(c) This section shall become effective July 1, 1994.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 7414.4 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7414.4.  

The begin delete board end delete begin insert State Department of Public Health end insert , and its
authorized representatives, may disseminate information to tanning
facilities regarding compliance with the Filante Tanning Facility
Act of 1988.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 7414.6 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

7414.6.  

The begin delete board end delete begin insert State Department of Public Health end insert may
adopt regulations concerning the operation of tanning facilities in
licensed establishments.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 22702 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

22702.  

As used in this chapter:

(a) “Tanning facility” means any location, place, area, structure,
or business that provides persons access to any tanning device.

(b) “Department” means the begin insert State end insert Department of begin delete Consumer
Affairs end delete begin insert Public Health end insert .

(c) “Phototherapy device” means equipment that emits
ultraviolet radiation used by a health care professional in the
treatment of disease.

(d) “Tanning device” means an ultraviolet tanning device and
any accompanying equipment, including, but not limited to,
protective eyewear, timers, and handrails.

(e) “Ultraviolet tanning device” means equipment that emits
electromagnetic radiation with wavelengths in the air between 200
and 400 nanometers used for tanning of the skin, including, but
not limited to, a sunlamp, tanning booth, or tanning bed.

begin insert

(f) “Tanning device operator” means any person who is
designated by the owner of a tanning facility to operate, or assist
and instruct a customer in the operation and use of, the tanning
facility or tanning equipment. “Tanning device operator” includes,
but is not limited to, a tanning device operator who conducts one
or more of the following activities:

end insert begin insert

(1) Determines consumer’s skin type.

end insert begin insert

(2) Determines the suitability of prospective consumers for
tanning equipment use.

end insert begin insert

(3) Informs the consumer of dangers of ultraviolet radiation
exposure, including photoallergic reactions and photosensitizing
agents.

end insert begin insert

(4) Ensures that the consumer reads and properly signs all
forms as required by this chapter.

end insert begin insert

(5) Maintains required consumer exposure records.

end insert begin insert

(6) Recognizes and reports consumer injuries or alleged injuries
to the owner of the tanning facility.

end insert begin insert

(7) Determines the consumer’s exposure schedule.

end insert begin insert

(8) Sets timers that control the duration of exposure.

end insert begin insert

(9) Instructs the consumer in the proper use of protective
eyewear.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 22704 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

22704.  

Any tanning device used by a tanning facility shall
comply with all applicable begin insert state and end insert federal laws and regulations.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 22704.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 22704.5. end insert   

(a) Any person who owns and operates a tanning
facility shall be licensed by the department to operate a tanning
facility. The license shall be renewed annually.

(b) The department shall issue a license to own and operate a
tanning facility to any person who submits an application for a
license to the department and meets the following requirements:

(1) Is at least 18 years of age.

(2) Pays the licensure fee established pursuant to subdivision
(c).

(c) A licensee shall be subject to the imposition of a reasonable
fee for his or her license or license renewal, which shall not exceed
the reasonable costs to the department in implementing this
chapter.

(d) There is hereby established the Tanning Facility Fund, for
purposes of depositing the moneys collected pursuant to this
section. The moneys in the fund shall be subject to appropriation
by the Legislature.

(e) The department may adopt any regulation as may be
necessary to effectuate this section.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 22704.7 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 22704.7. end insert   

(a) On or before January 1, 2017, the department
shall adopt regulations that establish training requirements for
tanning device operators. At a minimum, the training requirements
shall include training on the following procedures:

(1) Procedures for the correct operation of the tanning facility
and tanning equipment.

(2) Recognition of injury or overexposure to ultraviolet
radiation.

(3) The tanning equipment manufacturer’s procedures for
operation and maintenance of the tanning equipment.

(4) The determination of skin type of customers and appropriate
determination of duration of exposure to tanning equipment.

(5) Emergency procedures to be followed in case of injury.

(b) The training requirements established pursuant to this
section shall be effective on and after January 1, 2018. A tanning
device operator who fails to meet these requirements after that
date shall not operate as a tanning device operator.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 22705 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

22705.  

(a) A tanning facility shall begin delete give each customer, prior
to the customer’s use of an ultraviolet tanning device, a written
statement warning that: end delete begin insert require that each customer read a copy
of the warning established by this section and sign a statement
that the information has been read and understood. For illiterate
or visually impaired persons unable to sign their name, the warning
statement shall be read by the tanning device operator, in the
presence of a witness, and the witness and the operator shall sign
the statement. This warning shall be presented to a customer prior
to the customer’s use of an ultraviolet tanning device, and shall
include a written statement warning of all of the following: end insert

(1) Not wearing the eye protection provided to the customer by
the tanning center may cause damage to the eyes.

(2) Overexposure causes burns.

(3) Repeated exposure may cause premature aging of the skin
and skin cancer.

(4) Abnormal skin sensitivity or burning may be caused by
certain:

(A) Foods.

(B) Cosmetics.

(C) Medications, including, but not limited to, the following:

(i) Tranquilizers.

(ii) Diuretics.

(iii) Antibiotics.

(iv) High blood pressure medicines.

(v) Birth control pills.

(5) Any person taking a prescription or over-the-counter drug
should consult a physician before using an ultraviolet tanning
device.

(6) Any person with skin that burns easily should avoid an
ultraviolet tanning device.

(7) Any person with a family history or past medical history of
skin cancer should avoid an ultraviolet tanning device.

begin insert

(8) The federal Food and Drug Administration classifies tanning
devices, such as those used in this facility, as Class II devices that
may contribute to skin cancer linked to radiation-emitting devices.

end insert

(b) A tanning facility shall conspicuously post a warning sign
in any area where an ultraviolet tanning device is used that is
readily visible to a person using an ultraviolet tanning device. The
sign shall read as follows:

DANGER: ULTRAVIOLET RADIATION

begin delete

1. Follow instructions.

end delete begin insert

1. The federal Food and Drug Administration states that people
repeatedly exposed to UV radiation should be regularly evaluated
for skin cancer and that the use of indoor tanning devices does all
of the following:

end insert begin insert

(a) Is contraindicated for use on persons under 18 years of age.

end insert begin insert

(b) Must not be used if skin lesions or open wounds are present.

end insert begin insert

(c) Should not be used on people who have had skin cancer or
a family history of skin cancer.

end insert

2. Avoid too frequent or too lengthy exposure. As with natural
sunlight, exposure can cause eye and skin injury and allergic
reactions. Repeated exposure may cause chronic sun damage
characterized by wrinkling, dryness, fragility and bruising of the
skin, and skin cancer.

3. Wear protective eyewear.

   
FAILURE TO USE PROTECTIVE EYEWEAR

   
MAY RESULT IN SEVERE BURNS OR

   
LONG-TERM INJURY TO THE EYES.

4. Ultraviolet radiation from sunlamps will aggravate the effects
of the sun. Therefore, do not sunbathe before or after exposure to
ultraviolet radiation.

5. Medications or cosmetics may increase your sensitivity to
ultraviolet radiation. Consult a physician before using a sunlamp
if you are using medications, have a history of skin problems, or
believe you are especially sensitive to sunlight. Pregnant women
or women on birth control pills who use this product may develop
discolored skin.

   
IF YOU DO NOT TAN IN THE SUN YOU WILL

   
NOT TAN FROM USE OF THIS DEVICE.

begin delete

(c)

end delete

begin insert (d) end insert  A tanning facility may include in the warning sign described
in subdivision (b) the following statement: “Spray on tans and
other sunless tanning products are not subject to the same effects
as ultraviolet tanning devices.”

begin delete

(d)

end delete

begin insert (e) end insert  A tanning facility shall not claim, or distribute promotional
materials that claim, that using an ultraviolet tanning device is safe
or free from risk or that indoor tanning has any known health
benefits.

begin delete

(e)

end delete

begin insert (f) end insert  The liability of a tanning facility operator or a manufacturer
of an ultraviolet tanning device is not changed by giving the
warning under this section.

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 22705.5 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 22705.5. end insert   

The owner of a tanning facility shall do all of the
following:

(a) Maintain a record of each customer’s total number of
tanning visits, including dates and durations of tanning exposures.

(b) In addition to the requirements set forth in Section 22707,
submit to the department a written report of injury for which
medical attention was sought or obtained from the use of tanning
equipment within five working days after occurrence. The report
shall include all of the following:

(1) The name of the affected individual.

(2) The name and location of the tanning facility involved.

(3) The nature of the actual or alleged injury.

(4) The date and duration of exposure.

(5) Any documentation of medical attention sought or obtained
by the customer.

(6) Any other information that is relevant to the actual or alleged
injury.

(c) Not allow individuals under 18 years of age to use or operate
tanning equipment.

(d) Replace defective or burned out lamps, bulbs, or filters with
a type intended for use in the affected tanning equipment, as
specified by the manufacturer’s product label, such as a certified
equivalent lamp having the same spectral distribution.

(e) Replace ultraviolet lamps and bulbs, which are not otherwise
defective or damaged, at any frequency or after a certain duration
of use as may be recommended by the manufacturer of the lamps
or bulbs.

(f) On and after January 1, 2018, certify to the department that
any tanning device operator in his or her employment has
completed the training requirements established pursuant to
Section 22704.7.

(g) On and after January 1, 2018, allow operation of tanning
equipment only by, and in the physical presence, of a tanning
device operator who has successfully met the training requirements
established pursuant to Section 22704.7.

(h) On and after January 1, 2018, maintain a record of the
training completed by tanning device operators in his or her
employment pursuant to Section 22704.7 for inspection by
authorized representatives of the department.

(i) Make available to all employees current copies of the
following documents:

(1) The owner’s license and business license.

(2) Conditions or documents incorporated into the license and
amendments thereto, if any.

(3) Proof that all tanning device operators are 18 years of age
or older.

(4) Self-certification and knowledge of, and commitment to
meet, any state law or relevant local regulation pertaining to the
operation of tanning devices.

(5) His or her business address and the address at which he or
she will perform any activity regulated by this chapter.

(j) Display, in a place readily visible to the public at the tanning
facility, his or her license issued by the department.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 22706 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

22706.  

(a) A tanning facility shall:

(1) Have an operator present during operating hours who is
sufficiently knowledgeable in the correct operation of the tanning
devices used at the facility so that he or she is able to inform and
assist each customer in the proper use of the tanning devices begin insert ,
subject to the training requirements set forth in Section 22704.7 end insert .

(2) Before each use of an ultraviolet tanning device, provide
each customer with properly sanitized protective eyewear that
protects the eye from ultraviolet radiation and allows adequate
vision to maintain balance; and not allow a person to use an
ultraviolet tanning device if that person does not use the protective
eyewear.

(3) Show each customer how to use suitable physical aids, such
as handrails and markings on the floor, to maintain proper exposure
distance as recommended by the manufacturer.

(4) Use a timer on an ultraviolet tanning device that has an
accuracy of plus or minus 10 percent of any selected timer interval.
The timer shall also be remotely located so that customers cannot
set their own exposure time.

(5) Limit each customer using an ultraviolet tanning device to
the maximum exposure time as recommended by the manufacturer.

(6) Control the interior temperature of a tanning facility so that
it does not exceed 100 degrees Fahrenheit.

(b) (1) Every person who uses a tanning facility shall sign a
written statement acknowledging that he or she has read and
understood the warnings before using the device; and agrees to
use the protective eyewear that the tanning facility provides. The
statement of acknowledgment shall be retained by the tanning
facility until the end of the calendar year at which time each person
who is a current customer of the facility shall be required to renew
that acknowledgment.

(2) Whenever using a tanning device a person shall use the
protective eyewear that the tanning facility provides.

(3) Persons under 18 years of age are prohibited from using an
ultraviolet tanning device.

(4) Proof of age shall be satisfied with a driver’s license or other
government issued identification containing the date of birth and
a photograph of the individual.

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 22707 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

22707.  

If a patron is injured whereupon he or she must seek
medical attention, a tanning facility shall do the following:

(a) Report any injury to the department begin insert , as required pursuant
to Section 22705.5 end insert .

(b) Send a copy of the injury report to the person who is injured.

(c) Send a copy of the injury report to the begin delete Federal end delete begin insert federal end insert Food
and Drug Administration.

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 114985 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

114985.  

As used in this chapter:

(a)  “Secretary” means the Secretary of the Resources Agency.

(b)  “Ionizing radiation” means gamma rays and X-rays; alpha
and beta particles, high-speed electrons, neutrons, protons, and
other nuclear particles; but not sound or radio waves, or visible,
infrared, or ultraviolet light.

(c)  “Person” means any individual, corporation, partnership,
limited liability company, firm, association, trust, estate, public or
private institution, group, agency, political subdivision of this state,
any other state or political subdivision or agency thereof, and any
legal successor, representative, agent, or agency of the foregoing,
other than the United States Nuclear Regulatory Commission, the
United States Department of Energy, or any successor thereto, and
other than federal government agencies licensed by the United
States Nuclear Regulatory Commission, under prime contract to
the United States Department of Energy, or any successor thereto.

(d)  “Byproduct material” means any radioactive material, except
special nuclear material, yielded in, or made radioactive by
exposure to the radiation incident to, the process of producing or
utilizing special nuclear material.

(e)  “Source material” means (1) uranium, thorium, or any other
material which the department declares by rule to be source
material after the United States Nuclear Regulatory Commission,
or any successor thereto, has determined the material to be such;
or (2) ores containing one or more of the foregoing materials, in
such concentration as the department declares by rule to be source
material after the United States Nuclear Regulatory Commission,
or any successor thereto, has determined the material in such
concentration to be source material.

(f)  “Special nuclear material” means (1) plutonium, uranium
233, uranium enriched in the isotope 233 or in the isotope 235,
and any other material which the department declares by rule to
be special nuclear material after the United States Nuclear
Regulatory Commission, or any successor thereto, has determined
the material to be such, but does not include source material; or
(2) any material artificially enriched by any of the foregoing, but
does not include source material.

(g) “General license” means a license, pursuant to regulations
promulgated by the department, effective without the filing of an
application, to transfer, acquire, own, possess or use quantities of,
or devices or equipment utilizing, byproduct, source, or special
nuclear materials or other radioactive material occurring naturally
or produced artificially.

(h) “Specific license” means a license, issued after application,
to use, manufacture, produce, transfer, receive, acquire, own, or
possess quantities of, or devices or equipment utilizing, byproduct,
source, or special nuclear materials or other radioactive material
occurring naturally or produced artificially.

(i) “Registration” means the reporting of possession of a source
of radiation and the furnishing of information with respect thereto,
in accordance with subdivision (b) of Section 115060.

(j) “Department” means the State Department of begin insert Public end insert Health
begin delete Services end delete .

(k) “Director” means the State begin delete Director of end delete begin insert Public end insert Health
begin delete Services end delete begin insert Officer end insert .

begin delete

(l)

end delete

begin insert (l) end insert  “Federal research and development activity” means any
activity of the Secretary of Energy conducted at any research
facility owned or operated by the United States Department of
Energy.

(m) “Low-level waste” means radioactive waste not classified
as high-level radioactive waste, transuranic waste, spent nuclear
fuel, or the byproduct material defined in Section 11(e)(2) of the
Atomic Energy Act of 1954 (42 U.S.C. Sec. 2014 (e)(2)). For
purposes of this subdivision, the following definitions shall apply:

(1) “High-level radioactive waste” means either of the following:

(A) The highly radioactive material resulting from the
reprocessing of spent nuclear fuel, including liquid waste produced
directly in reprocessing and any solid material derived from this
liquid waste that contains fission products in sufficient
concentrations.

(B) Other highly radioactive material that the Nuclear
Regulatory Commission, consistent with existing law, determines
by rule requires permanent isolation.

(2) “Spent nuclear fuel” means fuel that has been withdrawn
from a nuclear reactor following irradiation, the constituent
elements of which have not been separated by reprocessing.

(3) “Transuranic waste” means any waste containing more than
100 nanocuries of alpha emitting transuranic nuclides with half-life
greater than five years per gram of waste material.

(n) “Mammogram” means an X-ray image of the human breast.

(o) “Mammography” means the procedure for creating a
mammogram.

(p) “Mammography quality assurance” means the detection of
a change in X-ray and ancillary equipment that adversely affects
the quality of films and the glandular radiation dose, and the
correction of this change.

(q) “Mammogram certification” means a certification, issued
by the department after registration, that the equipment dedicated
to or used for mammography meets the standards prescribed
pursuant to this chapter.

begin insert

(r) “Nonionizing radiation” means sound or radio waves, or
visible, infrared, or ultraviolet light, as described in subdivision
(e) of Section 22702 of the Business and Professions Code.

end insert

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 115085 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

115085.  

The average inspection frequency for ionizing radiation
machines shall be once each year for mammography X-ray units
begin insert and non end insert begin insert ionizing radiation devices end insert , once every three years for
high-priority sources of ionizing radiation, and once every four
and one-quarter years for medium-priority sources. Sources of
ionizing radiation used in dentistry shall be screened for defects
by mail or other offsite methodology not less frequently than once
every five years, with physical inspection of the 50 percent,
determined by the department to be most in need of inspection, to
average at least once every six years.

begin insert

begin insert SEC. 17. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

Section 18870 of the Business and Professions
Code is amended to read:

18870.  

Any person or promoter to whom this chapter applies
who directly or indirectly holds, aids or abets, or attempts to hold,
aid or abet the holding of, any contest, match, or exhibition without
first having obtained a license or permit under this chapter, is guilty
of a misdemeanor.

end delete