1. (a) Except for persons specified in Labor Code Section 1706(b), any person seeking to represent or provide specified services (as defined in Labor Code 1706(g)(4)) to any artist (as defined in Labor Code Section 1706(g)(1)) who is a minor under the age of 18 years, must first submit an application and fee to the Labor Commissioner for a permit as required in Labor Code 1706(a)(1).

2. (b) A permit is required for each individual performing the regulated activity defined in Labor Code Section 1706(g)(4) who works directly with minor children or has supervision or disciplinary power over minor children other than only incidental and occasional contact pursuant to Labor Code Section 1706(b)(4), and who will provide for a fee (defined in Labor Code Section 1706(g)(2)), representation or specified services to a minor; and includes:

   1. (1) Any individual acting as a sole proprietor or independent contractor.
   2. (2) Any individual performing representation or specified services on behalf of or jointly with any person which includes non-individual business entities (company, firm, partnership, association, corporation, limited liability company, or other organization as defined in Labor Code Section 1706(g)(3) which receives a fee).

   3. (3) Each employee of a business specified in (1) or (2). A business entity shall ensure that its employees or agents performing the regulated activity comply with the requirements of this subchapter. A business entity which is not an individual person can only perform activities which are subject to a permit through an individual who possesses a permit pursuant to this subchapter.

      For purposes of this section, “incidental and occasional contact” means physical presence within 10 feet of a minor artist who is unaccompanied by an adult which contact is of a short time, but not more than 10 minutes duration, and not more than two occurrences within any 7 day period.

3. (c) A permit issued by the Labor Commissioner, valid for two (2) years, must be received by the applicant and posted pursuant to Labor Code Section 1706(e) prior to the permit holder rendering any representation or specified services to an artist who is a minor.
4. (d) To obtain a permit, an applicant shall submit an on-line permit application pursuant to Section 11771 and pay applicable fees, as set forth in Section 11771.2. The Labor Commissioner may accept in-person submission to a local DLSE office of the information and fee required under these sections.

Note: Authority: Section 1706, Labor Code. Reference: Sections 1706(a), 1706(d), 1706(e), 1706(f) and 1706(g), Labor Code.

History

1. New subchapter 2.2 (sections 11770-11773) and section filed 5-17-2018; operative 7-1-2018 (Register 2018, No. 20). For prior history of subchapter 2.2, see Register 2017, No. 47.