Amended in Assembly April 20, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2138


Introduced by Assembly Members Low and Bonta

February 17, 2016


begin deleteAn act to add and repeal Chapter 18 (commencing with Section 9400) of Division 3 of the Business and Professions Code, relating to tour guides. end deletebegin insertAn act to amend Section 17550.20 of the Business and Professions Code, relating to business.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2138, as amended, Low. begin deleteTour guides: regulation. end deletebegin insertSellers of travel.end insert

begin insert

Existing law regulates sellers of travel, as defined, and requires their registration with the Attorney General. Under existing law, a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state or solicits prospective purchasers who are located in this state.

end insert
begin insert

This bill would clarify that a seller of travel is deemed to do business in this state if the seller of travel solicits business from locations in this state regardless of the geographic location of the prospective purchaser including persons located outside of this state or the country.

end insert
begin delete

Existing law provides for the licensure and regulation of various professionals, including, but not limited to, contractors, attorneys, interior designers, barbers, and cosmetologists.

end delete
begin delete

This bill would provide for the certification and regulation of tour guides, as defined, by the California Tour Guide Council and would provide for the creation of the council as a nonprofit organization, as specified. The bill would require applicants for certification to, among other things, be 18 years of age or older, meet specified educational criteria, pay fees required by the council, and provide fingerprints for submission to the Department of Justice for a criminal background check. The act would require the department to review specified information and provide fitness determinations and other specified information to the council.

end delete
begin delete

This bill would allow the organization to take disciplinary action against certificate holders or applicants, as specified. The bill would make it an unfair business practice for an uncertified person to, among other things, state, advertise, or represent that he or she is a certified tour guide or for a tour guide business to provide tour guiding services in California if those services are not performed by a certified tour guide. The bill would authorize the Public Utilities Commission to enforce these provisions.

end delete
begin delete

This bill would state that this is a matter of statewide concern and would prohibit a city, county, or city and county from enacting an ordinance regulation that conflicts with the requirements of the bill.

end delete
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The bill would repeal these provisions on January 1, 2018.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 17550.20 of the end insertbegin insertBusiness and Professions
2Code
end insert
begin insert is amended to read:end insert

3

17550.20.  

(a) Not less than 10 days prior to doing business in
4this state, a seller of travel shall apply for registration with the
5office of the Attorney General by filing with the Consumer Law
6Section the information required by Section 17550.21 and a filing
7fee of one hundred dollars ($100) for each location from which
8the seller of travel conducts business. A late fee of five dollars
9($5) per day, up to a maximum of five hundred dollars ($500),
10shall be paid for each day after the time specified by this section
11until the filing fee and the information required by Section
1217550.21 are received. No registration shall be issued or approved
13until the late fee, and the filing and late fees for each year the seller
14of travel operated without being registered, have been paid. A
15seller of travel shall be deemed to do business in this state if the
16seller of travel solicits business from locations in this state
17begin insertregardless of the geographic location of the prospective purchaser
P3    1including persons located outside of this state or the country end insert
or
2solicits prospective purchasers who are located in this state.

3(b) Registration shall be valid for one year from the effective
4date thereof shown on the registration issued by the office of the
5Attorney General and may be annually renewed by making the
6filing required by Section 17550.21 and paying a filing fee of one
7hundred dollars ($100) for each location from which the seller of
8travel conducts business. A late fee of five dollars ($5) per day,
9up to a maximum of five hundred dollars ($500), shall be paid for
10each day after the time specified by this section until the filing fee
11and the information required by Section 17550.21 are received.
12No registration shall be renewed until the late fee, and the filing
13and late fees for each year the seller of travel operated without
14being registered, have been paid.

15(c) Whenever, prior to expiration of a seller of travel’s annual
16registration, there is a material change in the information required
17by Section 17550.21, the seller of travel shall, within 10 days, file
18an addendum updating the information with the Consumer Law
19Section of the office of the Attorney General.

20(d) (1) Not less than 10 days prior to the transfer or sale of any
21interest in a seller of travel, the selling or transferring owner shall
22file with the office of the Attorney General, Seller of Travel
23Program, a notice of encumbrance, sale, or transfer of ownership,
24using a form provided for that purpose by the office of the Attorney
25 General. The notice shall provide the information required pursuant
26to subdivision (d) of Section 17550.21 as to each transferee.

27(2) Until the time the notice of encumbrance, sale, or transfer
28of ownership required in paragraph (1) is filed as required, the
29selling, encumbering, or transferring owner is responsible for all
30acts of and obligations imposed by law on the transferee sellers of
31travel to the same extent as they would have been responsible had
32there been no transfer, sale, or encumbrance.

33(e) The office of the Attorney General shall suspend the
34registration of any seller of travel who (1) fails to make any
35payment required pursuant to Article 2.7 (commencing with
36Section 17550.35) or (2) submits a check in payment of a
37registration fee or late fee required by this section that is not
38honored by the institution on which it is drawn. The Attorney
39General shall provide written notice to the seller of travel by
40first-class mail at the seller of travel’s place of business set forth
P4    1in the registration statement that the seller of travel’s registration
2has been suspended until all fees that are due have been paid. The
3registration of the seller of travel shall be suspended until all such
4payments due have been collected.

5(f) The Attorney General may, at his or her discretion and
6subject to supervision by the Attorney General or his or her
7delegate, contract out all or any part of the processing of
8registrations required by this section.

9(g) This section does not apply to an individual, natural person
10who meets all of the following conditions:

11(1) Has a written contract with a registered seller of travel to
12act on that registered seller of travel’s behalf in offering or selling
13air or sea transportation and other travel goods or services in
14connection with the transportation.

15(2) Acts only on behalf of a registered seller of travel with whom
16the person has a written contract in the offer or sale to a passenger
17of air or sea transportation and other goods or services in
18connection with the transportation and sells no other air or sea
19transportation or travel services to that passenger.

20(3) Provides air or sea transportation or travel services that are
21offered or sold pursuant to the official agency appointment of the
22registered seller of travel with whom the person has a written
23contract.

24(4) Does not receive any consideration for air or sea
25transportation or other travel services from the passenger.

26(5) Requires the passenger to pay all consideration for air or
27sea transportation or other travel services directly to the air carrier
28or ocean carrier or to the registered seller of travel.

29(6) Discloses both of the following:

30(A) The person is acting on behalf of a registered seller of travel.

31(B) The name, address, telephone number, and registration
32number of the registered seller of travel on whose behalf the person
33is acting.

34The person shall make the disclosures required by this paragraph
35in writing to the passenger at the same time the passenger receives
36notice under Section 17550.13. If the person transacts business in
37this state on the Internet, the disclosures also shall appear on the
38home page of the person’s Web site and shall be prominently set
39forth in the first electronic mail message sent to the passenger that
P5    1refers to the passenger’s purchase of air or sea transportation or
2travel services.

3(h) Whenever the Attorney General determines that a registration
4application is accurate and complete, the application shall be
5processed and a registration certificate shall be issued to the seller
6of travel within 21 days.

begin delete
7

SECTION 1.  

It is the intent of the Legislature that this act
8create a self-funded, nonprofit statewide oversight and regulatory
9program called the California Tour Guide Council to test and
10certify tour guide professionals who deliver sightseeing
11commentary within the State of California. This program will
12enable consumers to identify and benefit from tour guides who are
13credible, knowledgeable, and safety-conscious and who, as
14unofficial “ambassadors” of our state, will present California’s
15assets to visitors in an accurate, unbiased, and insightful manner.
16It will require tour guides to pass an examination that tests them
17on their knowledge of facts of interest about California, as well as
18on safety and security issues related to the tour experience. To
19bring added value to the program, the council shall publish an
20online directory of all Certified California Tour Guides, available
21to both consumers and businesses for reference, and provide other
22benefits to tour guides. Finally, certification will bring recognition,
23credibility, and a sense of personal achievement to our state’s tour
24guides.

25

SEC. 2.  

Chapter 18 (commencing with Section 9400) is added
26to Division 3 of the Business and Professions Code, to read:

27 

28Chapter  18. California Tour Guide Act
29

 

30

9400.  

This chapter shall be known and may be cited as the
31California Tour Guide Act.

32

9401.  

For purposes of this chapter, the following terms have
33the following meanings:

34(a) “Certificate” means a valid certificate issued by the council
35pursuant to this chapter.

36(b) “Compensation” means anything of value, including, but
37not limited to, a payment, loan, advance, donation, contribution,
38deposit, or gift of money.

39(c) “Council” means the California Tour Guide Council created
40pursuant to this chapter, which shall be a nonprofit organization
P6    1exempt from income taxation as an organization described in
2Section 501(c)(3) of the Internal Revenue Code. It may commence
3activities pursuant to this chapter once the council has submitted
4an application to the Internal Revenue Service seeking this
5exemption.

6(d) “Tour guide” means a person who provides sightseeing
7commentary, who is certified by the council pursuant to this
8chapter, and who practices tour guiding for compensation.
9Excluded from this definition are guides who give tours at
10museums, state or national parks, attractions, theme parks, private
11and government facilities, and similar places of interest and who
12are employees of these specific places. Though these tour and
13travel-related employees are not required to be certified, they will
14be strongly encouraged to apply for certification and take the
15examination, as may any qualified resident of the State of
16California.

17(e) “Tour manager” means a person who manages a group’s
18logistics and itinerary-related factors over a multiday tour. Other
19industry-accepted titles for a tour manager include tour conductor,
20 tour courier, tour escort, tour director, or tour leader.

21(f) “Tour operator” or “tour guide business” means a business
22or establishment that provides or employs tour guides in California
23for compensation.

24

9402.  

(a) The California Tour Guide Council is hereby created
25and shall have the responsibilities and duties set forth in this
26chapter. The council may take any reasonable actions necessary
27to carry out the duties and responsibilities set forth in this chapter,
28including, but not limited to, hiring staff and entering into contracts.

29(b) The council shall be governed by a board of directors
30comprised of the following members:

31(1) Two actively working tour guides collectively selected by
32each professional society, association, or other entity that chooses
33to participate in the council and meets all of the following criteria:

34(A) Is comprised of tour guides and other tour-related
35professionals.

36(B) Has sustained a membership of at least 100 dues-paying
37individuals in California for the previous three years.

38(C) Has bylaws that require members to comply with a code of
39ethics.

P7    1(2) Two members who are employees or are independent
2contractors employed by a California-based tour operator to give
3sightseeing commentary.

4(3) One member selected by an accredited public or private high
5school, college, or similar institution in California that chooses to
6participate in the council and that offers at least one course in its
7curriculum that focuses on the tour segment of the travel industry
8and the role of a tour guide in the tour process.

9(4) One member selected by the League of California Cities,
10unless the league chooses not to exercise this right of selection.

11(5) One member selected by the California State Association
12of Counties, unless the association chooses not to exercise this
13right of selection.

14(6) One member selected by the Director of Consumer Affairs,
15unless the department chooses not to exercise this right of selection.

16(7) The council’s bylaws shall establish a process for appointing
17other professional directors as determined by the board.

18(c) Board member terms shall be for three years.

19(d) The initial board of directors shall establish the council,
20initiate the application for tax-exempt status from the Internal
21Revenue Service, and solicit input from the tour guide community
22concerning the operations of the council.

23(e) The initial board of directors, in its discretion, may
24immediately undertake to issue the certificates authorized by this
25chapter after adopting the necessary bylaws or other rules or may
26establish, by adoption of bylaws, the permanent governing structure
27of the council prior to issuing certificates.

28(f) The board of directors shall establish membership fees not
29to exceed the reasonable cost of providing services and carrying
30out the board’s ongoing duties and responsibilities pursuant to this
31chapter and annually establish the initial renewal fees for
32certificates.

33(g) The meetings of the council shall be subject to the rules of
34the Bagley-Keene Open Meeting Act (Article 9 (commencing with
35Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
36the Government Code).

37

9406.  

In order to obtain certification as a tour guide
38professional, an applicant shall fill out an application form and
39provide the council with satisfactory evidence that he or she meets
40all of the following requirements:

P8    1(a) The applicant is 18 years of age or older.

2(b) The applicant has passed a California tour guide competency
3assessment examination whose content will be based primarily on
4a California Tour Guide Study Manual created by the council. This
5online document will be viewable or downloadable as a PDF file
6and will meet generally recognized principles and standards that
7are approved by the council. It will focus on California geography,
8history, attractions, cultural diversity, significant events, places of
9interest, notable persons, environmental issues, and similar topics.
10It will also address safe and secure tour operations. It will not cover
11best-practice topics such as efficient tour operation and tour-related
12routines and practices, how to deliver effective commentary, and
13similar content. The examination and study guide will be updated
14on a quarterly basis.

15(1) The test will be, except as provided in subdivision (b) of
16Section 9410, administered online. Each online test will be
17composed of questions randomly selected from a large database
18of test questions, so that each test will be unique to the applicant
19for certification. The exam will focus on California, with a general
20state emphasis.

21(2) Applicants will be permitted to take the exam no more than
22three times per year: one test and two re-tests within 12 months
23of having taken the first test. The successful completion of this
24examination may have been accomplished before the date the
25council is authorized by this chapter to begin issuing certificates.

26(c) The applicant must be a United States citizen or legal resident
27and must reside in the State of California.

28(d) All fees required of the applicant by the council have been
29paid, either by the applicant or the employer or a combination of
30both.

31

9408.  

Any certificate issued pursuant to this chapter shall expire
32after two years unless renewed in a manner prescribed by the
33council. The council may, in some cases, provide for the late
34renewal of a certificate.

35

9409.  

A certified guide will be given and must wear a
36state-issued photo identification badge, visible to the public at all
37times, while conducting a sightseeing tour.

38

9410.  

(a) A school, association, business, or similar institution
39that wishes to offer a test-preparation course for potential applicants
40for the California Tour Guide Certification Test must first obtain
P9    1approval from the council, pay a fee to the council, which shall be
2determined by the council, complete an application form provided
3by the council, and attach a lesson plan. Applicants to offer a
4test-prep course must be one of the following:

5(1) A school approved by the Bureau for Private Postsecondary
6Education.

7(2) A school approved by the Department of Consumer Affairs.

8(3) A school accredited by the Accrediting Commission for
9Senior Colleges and Universities or the Accrediting Commission
10for Community and Junior Colleges of the Western Association
11of Schools and Colleges and that is any of the following:

12(A) A public institution.

13(B) An institution incorporated and lawfully operating as a
14nonprofit public benefit corporation pursuant to Part 2
15(commencing with Section 5110) of Division 2 of Title 1 of the
16Corporations Code and that is not managed by any entity for profit.

17(C) A not-for-profit institution that employs or educates tour
18guides.

19(D) A for-profit institution or business that employs or educates
20tour guides.

21(E) A college or university of the state higher education system,
22as defined in Section 100850 of the Education Code.

23(b) Notwithstanding paragraph (1) of subdivision (b) of Section
249406, the council may, under special circumstances, authorize an
25organization or business which is approved to give a test-prep
26study course, to administer a certification test at the completion
27of the course, but only in a “live” setting and with a monitor
28authorized by the council in attendance.

29(c) For purposes of this section and any other provision of this
30chapter that authorizes the council to receive factual information
31as a condition of taking action, the council may conduct oral
32interviews of the applicant and others or conduct any investigation
33the council deems necessary to establish that the information
34received is accurate and satisfied the criteria established by this
35chapter.

36(d) The council may also authorize any institution within the
37categories under subdivision (a) of Section 9410 to offer an
38advanced level program of studies to tour guides that have been
39certified that addresses topics that the California certification
P10   1program does not, such as consumers needs, delivering effective
2commentary, cultural factors, and similar topics.

3(e) Institutions wishing to offer this advanced program must
4first obtain approval from the council, pay a fee to be determined,
5complete an application form, attach a lesson plan, and satisfy any
6other requirements, as determined by the council. Tour guides who
7successfully complete this advanced program shall be awarded the
8status of “Master Guide” by the council, which will be displayed
9on their identification badge and indicated on the council’s Internet
10Web site.

11

9412.  

(a) Before issuing a certificate to an applicant or
12designating a custodian of records, the council shall require the
13applicant or the custodian of records candidate to submit fingerprint
14images as directed by the council and in a form consistent with
15the requirements of this section.

16(b) The council shall submit the fingerprint images and related
17information to the Department of Justice for the purpose of
18obtaining information as to the existence and nature of a record of
19state and federal level convictions and of state and federal level
20arrests for which the Department of Justice establishes that the
21applicant or candidate was released on bail or on his or her own
22recognizance pending trial.

23(c) Requests for federal level full background check received
24by the Department of Justice pursuant to this section shall be
25forwarded to the Federal Bureau of Investigation by the Department
26of Justice. The Department of Justice shall review the information
27returned from the Federal Bureau of Investigation and shall compile
28and disseminate a fitness determination regarding the applicant or
29candidate to the council. The Department of Justice shall provide
30information to the council pursuant to subdivision (p) of Section
3111105 of the Penal Code.

32(d) The Department of Justice and the council shall charge a
33fee not to exceed the reasonable cost of processing the request for
34state and federal level full background check.

35(e) The council shall request subsequent arrest notification
36service from the Department of Justice, as provided under Section
3711105.2 of the Penal Code, for all applicants for certification or
38custodian of records candidates for whom fingerprint images and
39related information are submitted to conduct a search for state and
40federal level full background check.

P11   1

9413.  

The council may require all employees, volunteers, and
2board members to undergo the background investigation process
3described in Section 9412.

4

9415.  

It is a violation of this chapter and ground for discipline
5or denial of an application for a certificate if a certificate holder
6or applicant commits any of the following acts:

7(a) Unprofessional conduct.

8(b) Procuring a certificate by fraud, misrepresentation, or
9mistake.

10(c) Impersonating an applicant or acting as a proxy for an
11applicant in any examination referred to in this chapter for the
12issuance of a certificate.

13(d) Impersonating a certificate holder, or permitting or allowing
14a noncertified person to use a certificate.

15(e) Violating or attempting to violate, directly or indirectly, or
16assisting in or abetting the violation of, or conspiring to violate
17any provision of this chapter or any rule or bylaw adopted by the
18council.

19(f) Committing any fraudulent, dishonest, or corrupt act that is
20substantially related to the qualifications or duties of a certificate
21holder.

22(g) Committing any act punishable as a sexually related crime.

23(h) Being convicted of any felony or misdemeanor that is
24substantially related to the qualifications, functions, or duties of a
25certificate holder. A record of the conviction shall be conclusive
26evidence of the crime.

27

9416.  

(a) The council may discipline a certificate holder by
28any of the following methods, including any combination of the
29following:

30(1) Placing the certificate holder on probation.

31(2) Suspending the certificate and the right conferred by this
32chapter on a certificate holder for a period not to exceed one year.

33(3) Revoking the certificate.

34(4) Suspending or staying the disciplinary order, or portions of
35it, with or without conditions.

36(5) Taking other actions as the council deems proper, as
37 authorized by this chapter or the council’s bylaws.

38(b) The council may issue an initial certificate on probation,
39with specific terms and conditions, to any applicant.

P12   1(c) (1) Notwithstanding any other law, if the council receives
2notice that a certificate holder has been arrested and charges have
3been filed by the appropriate prosecuting agency against the
4certificate holder alleging a violation of subdivision (b) of Section
5647 of the Penal Code or any other offense described in subdivision
6(g) of Section 9415, the council shall take all of the following
7actions:

8(A) Immediately suspend, on an interim basis, the certificate of
9that certificate holder.

10(B) Within 10 business days, notify the certificate holder at the
11address last filed with the council that the certificate has been
12suspended and the reason for the suspension.

13(C) Within 10 business days, notify any business that the
14council’s records list as employing the certificate holder that the
15certificate has been suspended and the reason for the suspension.

16(2) Upon notice to the council that the charges described in
17paragraph (1) have resulted in a conviction, the suspended
18certificate shall become subject to permanent revocation. The
19council shall provide notice to the certificate holder within 10
20business days that it has evidence of a valid record of conviction
21and that the certificate will be revoked unless the certificate holder
22provides evidence within 15 days from the mailing date of the
23notice that the conviction is either invalid or that the information
24is otherwise erroneous.

25(3) Upon notice that the charges described in paragraph (1) have
26resulted in an acquittal or have otherwise been dismissed prior to
27conviction, the council shall immediately reinstate the certificate
28and notify the certificate holder and any business that received
29notice pursuant to subparagraph (C) of paragraph (1) of the
30reinstatement within 10 business days.

31

9417.  

(a) An applicant for a certificate shall not be denied a
32certificate, and a certificate holder shall not be disciplined pursuant
33to this chapter, except according to procedures that satisfy the
34requirements of this section. Denial or discipline that is not in
35accordance with subdivision (c) of Section 9416 shall be void and
36without effect.

37(b) Any denial of discipline shall be decided upon and imposed
38in good faith and in a fair and reasonable manner. Any procedure
39that conforms to the requirements of subdivision (c) is fair and
40reasonable, but a court may find other procedures to be fair and
P13   1reasonable when the full circumstances of the denial or discipline
2are considered.

3(c) A procedure is fair and reasonable if the procedures specified
4in subdivision (c) of Section 9416 are followed or if all of the
5following apply:

6(1) The provisions of the procedure are set forth in the articles
7of bylaws of the council or copies of those provisions are annually
8sent to all of the members of the council.

9(2) The procedure provides 15 business days’ prior notice of
10the denial or discipline and the reasons for the denial or discipline.

11(3) The procedure provides an opportunity for the applicant or
12certificate holder to be heard, orally or in writing, not less than
13five days before the effective date of the denial or discipline, by
14a person or body authorized to decide whether the proposed denial
15or discipline should go into effect.

16(d) (1) Any notice required under this section may be given by
17any method reasonably calculated to provide actual notice. Any
18notice given by mail shall be given by first-class or certified mail
19sent to the last address of the applicant or certificate holder shown
20on the council’s records.

21(2) It is the responsibility of the certificate holder or applicant
22to notify the council of his or her home address, as well as the
23address of any business establishment where he or she regularly
24works as a tour guide professional, whether as an employee or as
25an independent contractor.

26(e) A certificate holder or applicant who is denied or disciplined
27shall be liable for any charges, dues, assessments, and fees incurred
28by, services or benefits actually rendered to and obligations arising
29from contract or otherwise of, the certificate holder or applicant
30 before the denial or discipline.

31(f) Any action challenging a denial or discipline, including any
32claim alleging defective notice, shall be commenced within one
33year after the effective date of the denial or discipline. If the action
34is successful, the court may order any relief, including
35reinstatement, that it finds equitable under the circumstances.

36(g) This section governs only the procedures for denial or
37discipline decision and not the substantive grounds for the denial
38or discipline. Denial or discipline based upon substantive grounds
39that violates contractual or other rights of the applicant or certificate
P14   1holder, or is otherwise unlawful, is not made valid by compliance
2with this section.

3

9419.  

(a) Upon the request of any law enforcement agency or
4any other representative of a local government agency with
5responsibility for regulating or administering a local ordinance
6relating to California tour guide businesses, the council shall
7provide information concerning a certificate holder, including, but
8not limited to, any of the following:

9(1) The current status of a certificate.

10(2) Any history of disciplinary actions taken against the
11certificate holder.

12(3) The home and work addresses of the certificate holder.

13(4) Any other information in the council’s possession that is
14necessary to verify facts relevant to administering the local
15ordinance.

16(b) The council shall accept information provided by any law
17enforcement agency or any other representative of a local
18government agency with responsibility for regulating or
19administering a local ordinance relating to California tour guide
20businesses. The council shall have the responsibility to review any
21information received and take any actions authorized by this
22chapter that are warranted by that information.

23

9421.  

It is an unfair business practice for a person to hold
24himself or herself out or to use the title of “certified tour guide,”
25“tour guide professional,” or any other term such as “licensed,”
26“registered,” or “CTG” that implies or suggests that the person is
27certified as a tour guide professional, unless that person currently
28holds an active and valid certificate issued by the council pursuant
29to this chapter.

30

9423.  

It is an unfair business practice for any tour guide
31business to hire tour guides to provide sightseeing in California to
32paying customers that is not performed by a certified tour guide
33professional.

34

9424.  

Enforcement of the rules and regulations governing
35certified guides shall be administered by the Public Utilities
36Commission, which currently issues permits for tour buses.

37

9425.  

The superior court of a county where a person acts as a
38tour guide professional in violation of this chapter may, upon a
39petition by any person, issue an injunction or other appropriate
40order restraining the conduct. A proceeding under this section shall
P15   1be governed by Chapter 3 (commencing with Section 525) of Title
27 of Part 2 of the Code of Civil Procedure.

3

9427.  

(a) Except as otherwise provided in this section, a
4certificate holder has the right, consistent with this chapter and the
5qualifications established by his or her certification, to perform as
6tour guides in any city, county, or city and county in the State of
7California and shall not be required to obtain any other license,
8permit, or other authorization to engage in that practice.

9(b) Notwithstanding any other law, a city, county, or city and
10county shall not enact or enforce an ordinance that requires a
11certificate holder to obtain any other license, permit, or other
12authorization to perform guided tours consistent with the
13qualifications established by the certificate holder’s certification.

14(c) This section does not preclude a city, county, or city and
15county from requiring a tour guide business or establishment to
16file copies or provide other evidence of a certificate held by a
17person providing tour guide services at the business.

18(d) A city, county, or city and county may charge a tour guide
19and other travel-related business or establishment that uses tour
20guides for sightseeing a business licensing fee sufficient to cover
21the costs of the business licensing activities established by a local
22ordinance pursuant to this section.

23(e) This section does not prohibit a city, county, or city and
24county from adopting land use and zoning requirements applicable
25to tour guide and travel-related businesses or establishments that
26use tour guides for sightseeing, unless those requirements differ
27from requirements uniformly applied to other professional or
28personal services businesses.

29(f) This section does not preclude a city, county, or city and
30county from doing any of the following:

31(1) Requiring an applicant for a business license to operate a
32tour guide business or establishment to fill out an application that
33requests relevant information.

34(2) Making reasonable investigations into that information.

35(3) Denying or restricting a business license if the applicant
36provides materially false information.

37(g) An owner or operator of a tour guide or other travel-related
38business or establishment subject to subdivision (f) shall be
39responsible for the conduct of all of the employees or independent
40 contractors working for the business.

P16   1(h) This section does not preclude a city, county, or city and
2county from authorizing the suspension, revocation, or other
3restriction of a license or permit issued to a tour guide or other
4travel-related establishment or business if violations of this chapter
5or local ordinance occur on the premises of that establishment or
6business.

7

9429.  

This chapter does not restrict or limit in any way the
8authority of a city, county, or city and county to adopt a local
9ordinance governing any person who is not certified pursuant to
10this chapter.

11

9431.  

This chapter does not affect the rights of any person
12licensed by the state to practice or perform any functions or services
13pursuant to that license.

14

9433.  

The Legislature finds and declares that, due to important
15health, safety, and welfare concerns that affect the entire state,
16establishing a uniform standard of certification for tour guides
17upon which consumers may rely to identify individuals who have
18achieved specified levels of education, training, and skill is a matter
19of statewide concern and not a municipal affair, as that term is
20used in Section 5 of Article XI of the California Constitution.
21Therefore, all cities, counties, and cities and counties, including
22charter cities and charter counties shall not enact any ordinance
23or regulation that conflicts with or duplicates the requirements
24under this chapter.

25

9440.  

This chapter shall remain in effect only until January 1,
262018, and as of that date is repealed.

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