1308.3
. (a) Except as provided in subdivision (g), any individual,
association, corporation, or other entity that employs or uses,
either directly or indirectly through third persons, minors under 16
years of age in door-to-door sales at any location more than 10 miles
from the minor's residence shall register with the Labor
Commissioner pursuant to this section. Registration may be renewed on
an annual basis.
(b) The Labor Commissioner shall not register or renew
registration of any applicant pursuant to this section unless all of
the following conditions are satisfied:
(1) The organization has executed a written application therefor
on a form prescribed by the Labor Commissioner, including all of the
following:
(A) The company's name, address, and employer identification
number, and the names, addresses, and social security numbers of all
adults employed to supervise, accompany, or transport minors who
would be engaged in door-to-door sales. The information provided
pursuant to this subparagraph shall be set forth in a declaration
under penalty of perjury by the applicant if an individual, or an
officer of an applicant that is an association, corporation, or other
entity.
(B) A statement of all the facts required by the Labor
Commissioner concerning the nature of the merchandise to be sold and
a plan detailing the level and nature of adult supervision to be
provided minors engaged in door-to-door sales. The information
provided pursuant to this subparagraph shall be by declaration under
penalty of perjury by the individual, or an officer of the
association, corporation, or other entity.
(C) A copy of any written contract or other written agreement to
be offered by the applicant to minors employed or used by the
applicant in door-to-door sales.
(2) The Labor Commissioner, following an investigation thereof, is
satisfied that the employer has not previously violated this article
and does not propose to expose minors in its employ to hazardous or
unsafe working conditions.
(3) Each application for initial registration shall be accompanied
by a fee determined by the Labor Commissioner in an amount
sufficient in the aggregate to defray the division's costs of
administering the registration program, but which shall not exceed
three hundred fifty dollars ($350) for initial registration or two
hundred dollars ($200) for registration renewal.
(c) Any registrant under this section shall, upon request, make
available for inspection by the Labor Commissioner all of its payroll
records for any period.
(d) Any registrant under this section, or person acting on behalf
of a registrant, shall have proof of registration with the Labor
Commissioner in his or her immediate possession at all times when
engaged in any activity described in subdivision (a).
(e) Whenever an application for a registration or renewal is made,
and application processing pursuant to this section has not been
completed, the Labor Commissioner may, at his or her discretion,
issue a temporary or provisional registration valid for a period not
exceeding 90 days, and subject, where appropriate, to summary
revocation by the Labor Commissioner. Otherwise, the conditions for
issuance or renewal of registration shall meet the requirements of
subdivision (a).
(f) Any person or entity, or any agent or officer thereof, who
violates subdivision (a) or (d), and any parent or guardian who
knowingly permits a minor in his or her custody to be employed in
door-to-door sales specified in subdivision (a) by an unregistered
person or entity, or permits any minor to be employed in violation
hereof, is guilty of a misdemeanor, punishable by a fine of one
thousand dollars ($1,000) per affected minor for the first conviction
for a violation, two thousand five hundred dollars ($2,500) per
affected minor for the second conviction for a violation, and ten
thousand dollars ($10,000) per affected minor for a third or
subsequent conviction for a violation.
(g) This section does not apply to any trustee or charitable
corporation, as defined in Sections 12582 and 12582.1, respectively,
of the Government Code, or to any entity described in Section 12583
of the Government Code.