Section 34-1A-7
Licenses – Required.
(a) Effective January 1, 1998, it shall be unlawful for any person or business entity to engage in a business regulated by this chapter in this state without a current valid license or in violation of this chapter and applicable rules and regulations of the board.
(b) Effective January 1, 1998, it shall be unlawful for a person or business entity not licensed under this chapter to advertise or hold out to the public that he or she is a licensee of the board.
(c) Any person or business entity who violates this chapter or any order, rule, or regulation of the board shall be guilty of a Class A misdemeanor, and for each offense for which he or she is convicted shall be punished as provided by law.
(d) Effective January 1, 1998, it shall constitute a Class A misdemeanor to willfully or intentionally do any of the following:
(1) Obliterate the serial number on an alarm system for the purpose of falsifying service reports.
(2) Knowingly and deliberately improperly install an alarm system, or knowingly and deliberately improperly service such a system.
(3) While holding a license, allow another person or business entity to use the license or license number.
(4) Use, or permit the use of, any license by a person or business entity other than the one to whom the license is issued.
(5) Use any credential, method, means, or practice to impersonate a representative of the board.
(6) Make use of any designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly licensed.
(7) Make use of any title, words, letters, or abbreviations which may reasonably be confused with a designation provided by statute or regulation to denote a standard of professional or occupational competence without being duly licensed.
(8) Provide material misrepresenting facts in an application for licensure or in other communications with the board.
(9) Refuse to furnish the board information or records required or requested pursuant to statute or regulation.
(e) Commencing July 1, 2018, it shall also constitute a Class A misdemeanor to willfully or intentionally do any of the following:
(1) Advertise alarm system services or locksmith services to the public by any means without possessing an active license issued by the board during the licensing year in which the advertisement appears.
(2) Install, service, or sell an alarm system or provide locksmith services while on state or federal probation or parole without a license or, if licensed, without first providing proper written documentation by certified mail or courier service of the probation or parole status to the board.
(3) Perform unsolicited sales or installation, or both, of an alarm system or locking system at the home or property of a person who is age 75 or older, without providing the person with a waiting period of at least four business days after the initial contact and at least 30 business days to cancel any executed contract, before performing the installation or service, unless otherwise authorized by this chapter.
(4) Deceive or defraud a person who is age 60 or older in violation of the Protecting Alabama’s Elders Act, Chapter 6, commencing with Section 13A-6-190, of Title 13A.
(f) Any person or business entity that is not licensed by the board, or has not renewed a license within the immediately preceding 24 months, may be subject to injunctive action in a court of competent jurisdiction. The board may institute proceedings in equity to enjoin any person or business entity from engaging in any unlawful act enumerated in this chapter. Such proceedings shall be brought in the name of this state by the board in the circuit court of the city or county in which the unlawful act occurred or in which the defendant resides. If the board obtains injunctive relief, the individual or business entity shall be subject to a one thousand dollar ($1,000) fine for each instance of performing locksmith, alarm, CCTV, or other activity regulated by this chapter.
(g) In addition to any other disciplinary action taken by the board, any person or business entity licensed by the board who violates this chapter or rule or regulation promulgated pursuant to this chapter shall be subject to a monetary penalty. If the board determines that the person is in fact guilty of the violation, the board shall determine the amount of the monetary penalty for the violation, which shall not exceed one thousand dollars ($1,000) for each violation. The board may file a civil action to collect the penalty.
(h) The board is entitled to court costs, reasonable investigatory fees, and reasonable attorney fees in any civil action or administrative proceeding in which the board obtains relief.
(i) In addition to or in lieu of the criminal penalties and administrative sanctions provided in this chapter, the board may issue an order to any person, firm, or corporation engaged in any activity, conduct, or practice constituting a violation of this chapter to show cause why an order should not be issued directing the person, firm, or corporation to cease and desist from the activity, conduct, practice, or the performance of any work being done then or about to be commenced. If the person, firm, or corporation files a written request for a hearing before the board within 14 days after receipt of the order, the board, not less than 30 days thereafter, shall hold a hearing on the matter. After a hearing, or if no hearing is requested, the board may issue a cease and desist order to the person, firm, or corporation. If an order is issued, the order shall be issued in the name of the State of Alabama under the official seal of the board. If the person, firm, or corporation to whom the board directs a cease and desist order does not cease or desist the proscribed activity, conduct, practice, or performance of the work immediately, the board may petition any court of competent jurisdiction to issue a writ of injunction enjoining the person, firm, or corporation from engaging in any activity, conduct, practice, or performance of work as prohibited by this chapter. Upon a showing by the board that the person, firm, or corporation has engaged or is engaged in any activity, conduct, practice, or performance of any work prohibited by this chapter, the court shall grant injunctive relief enjoining the person, firm, or corporation from engaging in such unlawful activity, conduct, practice, or performance of work. Upon the issuance of a permanent injunction, the court may fine the offending party up to five thousand dollars ($5,000), plus costs and attorney fees, for each offense. A judgment for a civil fine, attorney fees, and costs may be rendered in the same judgment in which the injunction is made absolute.
(j) Any person violating this chapter who fails to cease work after a hearing and notification from the board or having an injunction issued by a court of competent jurisdiction shall not be eligible to apply for a license from the board for a period not to exceed one year from the date of official notification to cease work. In addition, the board may withhold approval for up to six months of any application from any person who prior to the application has been found in violation of this chapter.
(Acts 1997, No. 97-711, p. 1465, §7; Act 2004-103, p. 137, §3; Act 2013-221, p. 513, §1; Act 2018-548, §1.)