BUSINESS AND PROFESSIONS CODE
SECTION 6980.10-6980.15
6980.10. (a) No person shall engage within this state in the
activities of a locksmith as defined in subdivision (j) of Section
6980, unless the person holds a valid locksmith license, is
registered pursuant to the provisions of this chapter, or is exempt
from the provisions of this chapter.
(b) Any person who does any of the following is guilty of a
misdemeanor, punishable by a fine of ten thousand dollars ($10,000),
or by imprisonment in a county jail for not more than one year, or by
both that fine and imprisonment:
(1) Acts as or represents himself or herself to be a licensee
under this chapter when that person is not a licensee under this
chapter.
(2) Falsely represents that he or she is employed by a licensee
under this chapter when he or she is not employed by a licensee under
this chapter.
(3) Carries a badge, identification card, or business card,
indicating that he or she is a licensee under this chapter when he or
she is not a licensee under this chapter.
(4) Uses a letterhead or other written or electronically generated
materials indicating that he or she is a licensee under this chapter
when he or she is not a licensee under this chapter.
(5) Advertises that he or she is a licensee under this chapter
when he or she is not a licensee under this chapter.
(c) A proceeding to impose the fine specified in subdivision (b)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
6980.12. This chapter does not apply to the following persons:
(a) Any person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for the
locks of that product as a normal incident to its marketing.
(b) Employees who are industrial or institutional locksmiths,
provided that the employees provide locksmith services only to a
single employer that does not provide locksmith services for hire to
the public for any consideration or compensation whatsoever.
(c) Tow truck operators who do not originate keys for locks and
whose locksmith services are limited to opening motor vehicles.
(d) Any person employed exclusively and regularly by a state
correctional institution, or other state or federal agency, and who
does not provide locksmith services for hire to the public for any
consideration or compensation whatsoever.
(e) Any person registered with the bureau pursuant to Chapter 11
(commencing with Section 7500) if the duties of that person's
position that constitute locksmithing are ancillary to the primary
duties and functions of that person's position.
(f) Any agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:
(1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.
(2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.
(3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment's premises and
are conducted prior to purchasers taking possession of the locks.
(4) No unlicensed agent or employee of the retail establishment
shall advertise or represent himself or herself to be licensed under
this chapter, and no agent or employee of the retail establishment
shall advertise or represent himself or herself to be a locksmith.
(5) No agent or employee of the retail establishment shall design
or implement a master key system, as defined in subdivision (o) of
Section 6980.
(6) No agent or employee of the retail establishment shall rekey,
change the combination of, alter, or install any automotive locks.
(7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:
(A) Standard key duplication machines.
(B) Key blanks.
(C) Pin kits.
(g) Any law enforcement officer employed by any city, county, city
and county, state, or federal law enforcement agency, if all
services are performed during the course of the officer's
professional duties.
(h) Firefighters or emergency medical personnel employed by any
city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.
(i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and employees of a new motor vehicle dealer acting
within the scope of employment at a dealership.
6980.13. (a) Any person who violates any provision of this chapter,
or who conspires with another person to violate any provision of
this chapter, or who knowingly engages a nonexempt or unlicensed
locksmith after being notified in writing by the bureau of the
individual's unlicensed status with the bureau, is guilty of a
misdemeanor, punishable by a fine of ten thousand dollars ($10,000),
or by imprisonment in a county jail for not more than one year, or by
both that fine and imprisonment, except as otherwise provided in
this chapter.
(b) A proceeding to impose the fine specified in subdivision (a)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
(c) Any person who is convicted of a violation of this section or
Section 6980.10 shall not be issued a license for a period of one
year following a first conviction and shall not be issued a license
for a period of five years following a second or subsequent
conviction of this section or Section 6980.10 or any combination of
those sections.
(d) It is the intent of the Legislature that the prosecuting
officer of any county or city shall prosecute all violations of this
chapter occurring within his or her jurisdiction.
6980.14. (a) The superior court in and for the county where any
person has engaged or is about to engage in any act that constitutes
a violation of this chapter, or where any person engages in the
business of a locksmith after the revocation or expiration of any
license or during the period of suspension of any license, may, upon
application of the chief or any person licensed under these
provisions or any association representing those licensees or any
member of the general public, issue an injunction or other
appropriate order restraining this conduct and may impose civil fines
not exceeding ten thousand dollars ($10,000). The proceedings under
this section shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except that
there shall be no requirement to allege facts necessary to show or
tending to show lack of adequate remedy at law or irreparable injury.
(b) During the period of revocation, expiration, or suspension,
any business telephone number used to conduct, direct, operate,
dispatch, manage, or utilize an illegal, nonexempt, or unlicensed
locksmith business, locksmith service, service provider, or related
activity, may be disconnected by ruling of the chief.
(c) The superior court for the county in which any person has
engaged in any act that constitutes a violation of this chapter may,
upon a petition filed by the chief with the approval of the director,
order this person to make restitution to persons injured as a result
of the violation.
(d) The court may order a person subject to an injunction or
restraining order, provided for in subdivision (a), or subject to an
order requiring restitution pursuant to subdivision (c), to reimburse
the bureau for expenses incurred by the bureau in its investigation
related to its petition.
(e) A proceeding to impose the fine specified in subdivision (a)
and enjoin the unlicensed operation may be brought in any court of
competent jurisdiction in the name of the people of the State of
California by the Attorney General or by any district attorney or
city attorney, or with the consent of the district attorney, the city
prosecutor in any city or city and county having a full-time city
prosecutor for the jurisdiction in which the violation occurred. If
the action is brought by the district attorney, the penalty collected
shall be paid to the treasurer of the county in which the judgment
is entered. If the action is brought by a city attorney or city
prosecutor, one-half of the penalty collected shall be paid to the
treasurer of the city in which the judgment was entered and one-half
to the treasurer of the county in which the judgment was entered. If
the action is brought by the Attorney General, all of the penalty
collected shall be deposited in the Private Security Services Fund.
(f) The remedy provided for by this section shall be in addition
to any other remedy provided for in this chapter.
6980.15. No person engaged in performing any service requiring a
license under this chapter may bring or maintain any action in any
court of this state for the collection of compensation for the
performance of any act or agreement, without alleging and proving,
that the person was duly licensed at all times during the performance
of the act or agreement.
BUSINESS AND PROFESSIONS CODE
SECTION 6980.10-6980.15
6980.10. (a) No person shall engage within this state in the
activities of a locksmith as defined in subdivision (j) of Section
6980, unless the person holds a valid locksmith license, is
registered pursuant to the provisions of this chapter, or is exempt
from the provisions of this chapter.
(b) Any person who does any of the following is guilty of a
misdemeanor, punishable by a fine of ten thousand dollars ($10,000),
or by imprisonment in a county jail for not more than one year, or by
both that fine and imprisonment:
(1) Acts as or represents himself or herself to be a licensee
under this chapter when that person is not a licensee under this
chapter.
(2) Falsely represents that he or she is employed by a licensee
under this chapter when he or she is not employed by a licensee under
this chapter.
(3) Carries a badge, identification card, or business card,
indicating that he or she is a licensee under this chapter when he or
she is not a licensee under this chapter.
(4) Uses a letterhead or other written or electronically generated
materials indicating that he or she is a licensee under this chapter
when he or she is not a licensee under this chapter.
(5) Advertises that he or she is a licensee under this chapter
when he or she is not a licensee under this chapter.
(c) A proceeding to impose the fine specified in subdivision (b)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
6980.12. This chapter does not apply to the following persons:
(a) Any person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for the
locks of that product as a normal incident to its marketing.
(b) Employees who are industrial or institutional locksmiths,
provided that the employees provide locksmith services only to a
single employer that does not provide locksmith services for hire to
the public for any consideration or compensation whatsoever.
(c) Tow truck operators who do not originate keys for locks and
whose locksmith services are limited to opening motor vehicles.
(d) Any person employed exclusively and regularly by a state
correctional institution, or other state or federal agency, and who
does not provide locksmith services for hire to the public for any
consideration or compensation whatsoever.
(e) Any person registered with the bureau pursuant to Chapter 11
(commencing with Section 7500) if the duties of that person's
position that constitute locksmithing are ancillary to the primary
duties and functions of that person's position.
(f) Any agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:
(1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.
(2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.
(3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment's premises and
are conducted prior to purchasers taking possession of the locks.
(4) No unlicensed agent or employee of the retail establishment
shall advertise or represent himself or herself to be licensed under
this chapter, and no agent or employee of the retail establishment
shall advertise or represent himself or herself to be a locksmith.
(5) No agent or employee of the retail establishment shall design
or implement a master key system, as defined in subdivision (o) of
Section 6980.
(6) No agent or employee of the retail establishment shall rekey,
change the combination of, alter, or install any automotive locks.
(7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:
(A) Standard key duplication machines.
(B) Key blanks.
(C) Pin kits.
(g) Any law enforcement officer employed by any city, county, city
and county, state, or federal law enforcement agency, if all
services are performed during the course of the officer's
professional duties.
(h) Firefighters or emergency medical personnel employed by any
city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.
(i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and employees of a new motor vehicle dealer acting
within the scope of employment at a dealership.
6980.13. (a) Any person who violates any provision of this chapter,
or who conspires with another person to violate any provision of
this chapter, or who knowingly engages a nonexempt or unlicensed
locksmith after being notified in writing by the bureau of the
individual's unlicensed status with the bureau, is guilty of a
misdemeanor, punishable by a fine of ten thousand dollars ($10,000),
or by imprisonment in a county jail for not more than one year, or by
both that fine and imprisonment, except as otherwise provided in
this chapter.
(b) A proceeding to impose the fine specified in subdivision (a)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
(c) Any person who is convicted of a violation of this section or
Section 6980.10 shall not be issued a license for a period of one
year following a first conviction and shall not be issued a license
for a period of five years following a second or subsequent
conviction of this section or Section 6980.10 or any combination of
those sections.
(d) It is the intent of the Legislature that the prosecuting
officer of any county or city shall prosecute all violations of this
chapter occurring within his or her jurisdiction.
6980.14. (a) The superior court in and for the county where any
person has engaged or is about to engage in any act that constitutes
a violation of this chapter, or where any person engages in the
business of a locksmith after the revocation or expiration of any
license or during the period of suspension of any license, may, upon
application of the chief or any person licensed under these
provisions or any association representing those licensees or any
member of the general public, issue an injunction or other
appropriate order restraining this conduct and may impose civil fines
not exceeding ten thousand dollars ($10,000). The proceedings under
this section shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except that
there shall be no requirement to allege facts necessary to show or
tending to show lack of adequate remedy at law or irreparable injury.
(b) During the period of revocation, expiration, or suspension,
any business telephone number used to conduct, direct, operate,
dispatch, manage, or utilize an illegal, nonexempt, or unlicensed
locksmith business, locksmith service, service provider, or related
activity, may be disconnected by ruling of the chief.
(c) The superior court for the county in which any person has
engaged in any act that constitutes a violation of this chapter may,
upon a petition filed by the chief with the approval of the director,
order this person to make restitution to persons injured as a result
of the violation.
(d) The court may order a person subject to an injunction or
restraining order, provided for in subdivision (a), or subject to an
order requiring restitution pursuant to subdivision (c), to reimburse
the bureau for expenses incurred by the bureau in its investigation
related to its petition.
(e) A proceeding to impose the fine specified in subdivision (a)
and enjoin the unlicensed operation may be brought in any court of
competent jurisdiction in the name of the people of the State of
California by the Attorney General or by any district attorney or
city attorney, or with the consent of the district attorney, the city
prosecutor in any city or city and county having a full-time city
prosecutor for the jurisdiction in which the violation occurred. If
the action is brought by the district attorney, the penalty collected
shall be paid to the treasurer of the county in which the judgment
is entered. If the action is brought by a city attorney or city
prosecutor, one-half of the penalty collected shall be paid to the
treasurer of the city in which the judgment was entered and one-half
to the treasurer of the county in which the judgment was entered. If
the action is brought by the Attorney General, all of the penalty
collected shall be deposited in the Private Security Services Fund.
(f) The remedy provided for by this section shall be in addition
to any other remedy provided for in this chapter.
6980.15. No person engaged in performing any service requiring a
license under this chapter may bring or maintain any action in any
court of this state for the collection of compensation for the
performance of any act or agreement, without alleging and proving,
that the person was duly licensed at all times during the performance
of the act or agreement.
BUSINESS AND PROFESSIONS CODE
SECTION 6980.10-6980.15
6980.10. (a) No person shall engage within this state in the
activities of a locksmith as defined in subdivision (j) of Section
6980, unless the person holds a valid locksmith license, is
registered pursuant to the provisions of this chapter, or is exempt
from the provisions of this chapter.
(b) Any person who does any of the following is guilty of a
misdemeanor, punishable by a fine of ten thousand dollars ($10,000),
or by imprisonment in a county jail for not more than one year, or by
both that fine and imprisonment:
(1) Acts as or represents himself or herself to be a licensee
under this chapter when that person is not a licensee under this
chapter.
(2) Falsely represents that he or she is employed by a licensee
under this chapter when he or she is not employed by a licensee under
this chapter.
(3) Carries a badge, identification card, or business card,
indicating that he or she is a licensee under this chapter when he or
she is not a licensee under this chapter.
(4) Uses a letterhead or other written or electronically generated
materials indicating that he or she is a licensee under this chapter
when he or she is not a licensee under this chapter.
(5) Advertises that he or she is a licensee under this chapter
when he or she is not a licensee under this chapter.
(c) A proceeding to impose the fine specified in subdivision (b)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
6980.12. This chapter does not apply to the following persons:
(a) Any person, or his or her agent or employee, who is the
manufacturer of a product, other than locks and keys, and who
installs, repairs, opens, or modifies locks or who makes keys for the
locks of that product as a normal incident to its marketing.
(b) Employees who are industrial or institutional locksmiths,
provided that the employees provide locksmith services only to a
single employer that does not provide locksmith services for hire to
the public for any consideration or compensation whatsoever.
(c) Tow truck operators who do not originate keys for locks and
whose locksmith services are limited to opening motor vehicles.
(d) Any person employed exclusively and regularly by a state
correctional institution, or other state or federal agency, and who
does not provide locksmith services for hire to the public for any
consideration or compensation whatsoever.
(e) Any person registered with the bureau pursuant to Chapter 11
(commencing with Section 7500) if the duties of that person's
position that constitute locksmithing are ancillary to the primary
duties and functions of that person's position.
(f) Any agent or employee of a retail establishment that has a
primary business other than providing locksmith services, providing
all of the following criteria are met:
(1) The services provided by the retail establishment are limited
to rekeying and recombination of locks.
(2) All rekeying, recombination, and installation of locks must
take place on the premises of the retail establishment.
(3) All rekeying, recombination, and installation services
provided by the retail establishment subject to this chapter are
limited to locks purchased on the retail establishment's premises and
are conducted prior to purchasers taking possession of the locks.
(4) No unlicensed agent or employee of the retail establishment
shall advertise or represent himself or herself to be licensed under
this chapter, and no agent or employee of the retail establishment
shall advertise or represent himself or herself to be a locksmith.
(5) No agent or employee of the retail establishment shall design
or implement a master key system, as defined in subdivision (o) of
Section 6980.
(6) No agent or employee of the retail establishment shall rekey,
change the combination of, alter, or install any automotive locks.
(7) The retail establishment shall not have on its premises any
locksmith tool, as defined in subdivision (s) of Section 6980, other
than the following:
(A) Standard key duplication machines.
(B) Key blanks.
(C) Pin kits.
(g) Any law enforcement officer employed by any city, county, city
and county, state, or federal law enforcement agency, if all
services are performed during the course of the officer's
professional duties.
(h) Firefighters or emergency medical personnel employed by any
city, county, city and county, district, or state agency, if all
services are performed during the course of duties as a firefighter
or emergency medical person.
(i) A new motor vehicle dealer, as defined in Section 426 of the
Vehicle Code, and employees of a new motor vehicle dealer acting
within the scope of employment at a dealership.
6980.13. (a) Any person who violates any provision of this chapter,
or who conspires with another person to violate any provision of
this chapter, or who knowingly engages a nonexempt or unlicensed
locksmith after being notified in writing by the bureau of the
individual's unlicensed status with the bureau, is guilty of a
misdemeanor, punishable by a fine of ten thousand dollars ($10,000),
or by imprisonment in a county jail for not more than one year, or by
both that fine and imprisonment, except as otherwise provided in
this chapter.
(b) A proceeding to impose the fine specified in subdivision (a)
may be brought in any court of competent jurisdiction in the name of
the people of the State of California by the Attorney General or by
any district attorney or city attorney, or with the consent of the
district attorney, the city prosecutor in any city or city and county
having a full-time city prosecutor for the jurisdiction in which the
violation occurred. If the action is brought by the district
attorney, the penalty collected shall be paid to the treasurer of the
county in which the judgment is entered. If the action is brought by
a city attorney or city prosecutor, one-half of the penalty
collected shall be paid to the treasurer of the city in which the
judgment was entered and one-half to the treasurer of the county in
which the judgment was entered. If the action is brought by the
Attorney General, all of the penalty collected shall be deposited in
the Private Security Services Fund.
(c) Any person who is convicted of a violation of this section or
Section 6980.10 shall not be issued a license for a period of one
year following a first conviction and shall not be issued a license
for a period of five years following a second or subsequent
conviction of this section or Section 6980.10 or any combination of
those sections.
(d) It is the intent of the Legislature that the prosecuting
officer of any county or city shall prosecute all violations of this
chapter occurring within his or her jurisdiction.
6980.14. (a) The superior court in and for the county where any
person has engaged or is about to engage in any act that constitutes
a violation of this chapter, or where any person engages in the
business of a locksmith after the revocation or expiration of any
license or during the period of suspension of any license, may, upon
application of the chief or any person licensed under these
provisions or any association representing those licensees or any
member of the general public, issue an injunction or other
appropriate order restraining this conduct and may impose civil fines
not exceeding ten thousand dollars ($10,000). The proceedings under
this section shall be governed by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, except that
there shall be no requirement to allege facts necessary to show or
tending to show lack of adequate remedy at law or irreparable injury.
(b) During the period of revocation, expiration, or suspension,
any business telephone number used to conduct, direct, operate,
dispatch, manage, or utilize an illegal, nonexempt, or unlicensed
locksmith business, locksmith service, service provider, or related
activity, may be disconnected by ruling of the chief.
(c) The superior court for the county in which any person has
engaged in any act that constitutes a violation of this chapter may,
upon a petition filed by the chief with the approval of the director,
order this person to make restitution to persons injured as a result
of the violation.
(d) The court may order a person subject to an injunction or
restraining order, provided for in subdivision (a), or subject to an
order requiring restitution pursuant to subdivision (c), to reimburse
the bureau for expenses incurred by the bureau in its investigation
related to its petition.
(e) A proceeding to impose the fine specified in subdivision (a)
and enjoin the unlicensed operation may be brought in any court of
competent jurisdiction in the name of the people of the State of
California by the Attorney General or by any district attorney or
city attorney, or with the consent of the district attorney, the city
prosecutor in any city or city and county having a full-time city
prosecutor for the jurisdiction in which the violation occurred. If
the action is brought by the district attorney, the penalty collected
shall be paid to the treasurer of the county in which the judgment
is entered. If the action is brought by a city attorney or city
prosecutor, one-half of the penalty collected shall be paid to the
treasurer of the city in which the judgment was entered and one-half
to the treasurer of the county in which the judgment was entered. If
the action is brought by the Attorney General, all of the penalty
collected shall be deposited in the Private Security Services Fund.
(f) The remedy provided for by this section shall be in addition
to any other remedy provided for in this chapter.
6980.15. No person engaged in performing any service requiring a
license under this chapter may bring or maintain any action in any
court of this state for the collection of compensation for the
performance of any act or agreement, without alleging and proving,
that the person was duly licensed at all times during the performance
of the act or agreement.
