Sec. 20-691. Locksmiths. Definitions. Registration. Exemptions. Prohibitions. Regulations. Investigations and hearings. Revocation and suspension of registration. Civil penalty. Unfair or deceptive tr
Sec. 20-691. Locksmiths. Definitions. Registration. Exemptions. Prohibitions.
Regulations. Investigations and hearings. Revocation and suspension of registration. Civil penalty. Unfair or deceptive trade practice. (a) As used in this section:
(1) "Branch" means any business location of a locksmith, other than the principal
place of business of such locksmith.
(2) "Commissioner" means the Commissioner of Consumer Protection.
(3) "Department" means the Department of Consumer Protection.
(4) "Locksmith" means a person engaged in locksmithing.
(5) "Locksmithing" means the inspection, installation, recombination, rekeying,
service or repair of locks or locking devices, but does not include: (A) The recombination
or rekeying of locks or cylinders by an employee of a retail or wholesale establishment
on an employer's property; (B) the installation or repair of locks by a person registered
pursuant to chapter 393c or registered pursuant to chapter 400 incidental to the construction of a building; (C) the installation, maintenance, repair or service of a vending machine; (D) the duplication or selling of keys or selling of equipment used to duplicate
keys at a retail establishment; or (E) work performed by a person at such person's own
residence.
(6) "Registration" means a document or card issued by the Department of Consumer
Protection to a locksmith which certifies that such locksmith has completed an application form, paid the required registration fee, has successfully passed the required criminal history records check, is not otherwise barred from becoming a locksmith and has
been added to the registry of locksmiths, as established in subsection (b) of this section.
(b) (1) A person seeking registration as a locksmith shall apply to the commissioner
on a form provided by the commissioner. The application shall include the applicant's
name, residence address, business address, business telephone number, a question as to
whether the applicant has been convicted of a felony in any state or jurisdiction, and
such other information as the commissioner may require. The applicant shall submit to
a request by the commissioner for a recent criminal history records check. No registration
shall be issued unless the commissioner has received the results of a such records check.
In accordance with the provisions of section 46a-80 and after a hearing held pursuant to
chapter 54, the commissioner may revoke, refuse to issue or refuse to renew a registration
when an applicant's criminal history records check reveals the applicant has been convicted of a crime of dishonesty, fraud, theft, assault, other violent offense or a crime
related to the performance of locksmithing.
(2) The application fee for registration as a locksmith and the biennial renewal fee
for such registration shall be two hundred dollars.
(3) The department shall establish and maintain a registry of locksmiths. The registry shall contain the names and addresses of registered locksmiths and such other information as the commissioner may require. Such registry shall be updated at least annually
by the department, be made available to the public upon request and be published on
the department's Internet web site.
(4) No person shall engage in locksmithing, use the title locksmith or display or
use any words, letters, figures, title, advertisement or other method to indicate said
person is a locksmith unless such person has obtained a registration as provided in this
section.
(5) The following persons shall be exempt from registration as a locksmith, but
only if the person performing the service does not hold himself or herself out to the
public as a locksmith: (A) Persons employed by a state, municipality or other political
subdivision, or by any agency or department of the government of the United States,
acting in their official capacity; (B) automobile service dealers who service, install,
repair or rebuild automobile locks; (C) retail merchants selling locks or similar security
accessories or installing, programming, repairing, maintaining, reprogramming, rebuilding or servicing electronic garage door devices; (D) members of the building trades
who install or remove complete locks or locking devices in the course of residential or
commercial new construction or remodeling; (E) employees of towing services, repossessors, or an automobile club representative or employee opening automotive locks in
the normal course of his or her business. The provisions of this section shall not prohibit
an employee of a towing service from opening motor vehicles to enable a vehicle to be
moved without towing, provided the towing service does not hold itself out to the public,
by directory advertisement, through a sign at the facilities of the towing service or by
any other form of advertisement, as a locksmith; (F) students in a course of study in
locksmith programs approved by the department; (G) warranty services by a lock manufacturer or its employees on the manufacturer's own products; (H) maintenance employees of a property owner or property management companies at multifamily residential
buildings, who service, install, repair or open locks for tenants; and (I) persons employed
as security personnel at schools or institutions of higher education who open locks while
acting in the course of their employment.
(c) (1) Each person engaging in locksmithing shall: (A) Exhibit such person's registration or a copy thereof at the person's place of business and any branch, in a location
visible to the general public, (B) exhibit such person's registration upon request by any
interested party, and (C) include such person's registration number in any advertisement.
(2) No person shall: (A) Present or attempt to present, as such person's own, the
registration of another, (B) knowingly give false evidence of a material nature to the
commissioner for the purpose of procuring a registration, (C) represent himself or herself
falsely as, or impersonate, a registered locksmith, (D) knowingly use or attempt to use
a registration which has expired or which has been suspended or revoked, (E) offer to
undertake any locksmith service without having a current registration required under
this chapter, (F) represent in any manner that such person's registration constitutes an
endorsement of the quality of such person's workmanship or of such person's competency by the commissioner, (G) employ or allow any person to act as a salesman on
such person's behalf unless such salesman is in the direct employ of such person, or
(H) represent or advertise a location or branch as a place of business without obtaining
the right to occupy such location.
(d) Registrations issued to locksmiths pursuant to this section shall not be transferable or assignable.
(e) All registrations issued under the provisions of this section shall expire biennially.
(f) Failure to receive a notice of registration expiration or a renewal application
shall not exempt a locksmith from the obligation to renew his or her registration.
(g) The commissioner may adopt regulations, in accordance with chapter 54, to
carry out the provisions of this section.
(h) The commissioner may conduct investigations and hold hearings on any matter
subject to the provisions of this section. The commissioner may issue subpoenas, administer oaths, compel testimony and order the production of books, records and documents
in connection with such investigations. If any person refuses to appear, to testify or to
produce any book, record, paper or document when so ordered, upon application of the
commissioner or the Attorney General, a judge of the Superior Court may make such
order as may be appropriate to aid in the enforcement of this section. The Attorney
General, at the request of the commissioner, is authorized to apply in the name of the
state of Connecticut to the Superior Court for an order temporarily or permanently restraining and enjoining any person from violating any provision of this section.
(i) The commissioner may revoke, suspend, place conditions on, or refuse to renew
a registration issued pursuant to this section for: (1) Conduct of a character likely to
mislead, deceive or defraud the public or the commissioner; (2) engaging in any untruthful or misleading advertising; (3) unfair or deceptive business practices; (4) gross
incompetence; or (5) violations of any of the provisions of this section or any regulation
adopted pursuant to any of such provisions.
(j) The commissioner may, after notice and hearing in accordance with the provisions of chapter 54, impose a civil penalty on any person who engages in or practices
the work or occupation for which a registration is required by this section without having
first obtained such a registration, or who wilfully employs or supplies for employment
a person who does not have such a registration, or who wilfully and falsely pretends to
qualify to engage in or practice such work or occupation, or who engages in or practices
any of the work or occupations for which a registration is required by this section after
the expiration of such person's registration, or who violates any of the provisions of
this section or the regulations adopted pursuant thereto. Such penalty shall be in an
amount not more than five hundred dollars for a first violation of this subsection, not
more than seven hundred fifty dollars for a second violation of this subsection occurring
not more than three years after a prior violation, and not more than one thousand five
hundred dollars for a third or subsequent violation of this subsection occurring not more
than three years after a prior violation. Any penalty collected pursuant to this subsection
shall be deposited in the consumer protection enforcement account established in section
21a-8a.
(k) A violation of any of the provisions of this section shall be deemed an unfair or
deceptive trade practice under subsection (a) of section 42-110b.
(P.A. 08-81, S. 2.)