§ 8A-369. Prohibited practices.

It shall be a prohibited practice for a locksmith or locksmith business to:

(a)

Perform opening services for any person on a residential, commercial, industrial or agricultural structure or safe, vault, safe deposit box or other safeguarding device, without first obtaining the address of the residential, commercial, industrial or agricultural structure or the address where the safe, vault, safe deposit box or other safeguarding device is located, and the signature of the person for whom the locksmith work is performed. The following information regarding the person requesting locksmith work on the residence, commercial, industrial or agricultural structure or the safe, vault, safe deposit box or other safeguarding device shall be recorded on a work order form: name, address, telephone number, driver's license number or other identification, and date service was performed. A copy of each work order form shall be retained for two (2) years, shall include the name and license number of the locksmith performing the service, and shall be open for inspection by the Director during business hours and in no event less than between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday or submitted to the Director upon request.

(b)

Perform opening services on a motor vehicle for any person, without first obtaining the name and driver's license number or other identification of the person requesting entrance, and the registration number, license plate number or identification number of the motor vehicle upon which locksmith work is to be performed. This information together with the date the service was performed and the signature of the person requesting the locksmith work shall be set forth on a work order. A copy of each work order form shall be retained for two (2) years, shall include the license number of the locksmith performing the service, and shall be open for inspection by the Director during business hours and in no event less than between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, or submitted to the Director upon request.

(c)

Fail to complete an invoice for the sale of any good or service valued at fifty dollars ($50.00) or greater. The invoice shall include: invoice number; the name, address, registration number and telephone number of the locksmith business; the name and identification number of the locksmith business employee who completed the sales transaction; the locksmith license number of the locksmith who performed the service if applicable; the name, address, telephone number, and signature of the customer; amount of good or service and amount of tax; the date of the sales transaction; brief description of the good or service; and any terms and conditions if applicable. A copy of each invoice completed shall be retained for two (2) years and shall be open to inspection by the Director during business hours and in no event less than between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday or submitted to the Director upon request.

(d)

Operate a locksmith business without at least one (1) licensed locksmith in its employ.

(e)

Employ a locksmith unless the locksmith is an apprentice locksmith with a valid permit or locksmith with a valid license.

(f)

Engage in locksmith work without possessing a valid apprentice locksmith permit or valid locksmith license.

(g)

Aid or abet a person who is not registered as a locksmith business or who is not licensed as a locksmith.

(h)

Conduct a locksmith business as an individual, partnership, or corporation unless the locksmith business holds a valid registration issued to the same individual, partnership or corporation and that registration is not revoked, suspended or expired.

(i)

Fail to maintain a file or record containing the name, address, commencing date of employment, position of each employee, proof of apprentice permit or locksmith license and the date of termination of employment if an employee is terminated. The files and records, together with usual payroll records, shall be available for inspection by the Director and copies thereof and information pertaining thereto or contained therein shall be submitted to the Director upon written request.

(j)

Fail to include in all advertisements the name and registration number of the locksmith business as this information appears in the Director's records.

(k)

Make or authorize any written or oral statements which are deceptive, fraudulent, misleading or false as to quality, quantity, characteristics, workmanship, nature, origin or source of any goods or services in order to influence, persuade or induce patronage of a customer or perform any other act which constitutes fraud or misrepresentation.

(l)

Represent that services have been rendered when they have not been rendered or bill for services that have not been rendered.

(m)

make or charge for services which have not been expressly or impliedly authorized by the customer or represent that certain parts or services are necessary when such parts or services are not necessary.

(n)

Obtain ownership or possession of locksmithing tools, safe-opening tools, locksmith manuals or codebooks, without obtaining a valid apprentice permit or valid locksmith license.

(o)

Operate a locksmith business without a minimum combined liability insurance of twenty-five thousand dollars ($25,000.00).

(p)

Duplicate a key that is a restricted key or a key that states specifically it is not to be duplicated, unless the locksmith business obtains written authorization to duplicate said key for each transaction and maintains said authorization on file. The written authorization issued shall include the following information: Name, address, telephone number, driver's license, or other identification issued by a government, and the signature of the person authorized to request the duplication; the date of the request; description of the key; and specific quantity of keys to be duplicated.

(q)

Fail to provide a customer with all duplicated keys, including keys made in error and keys with duplicating errors.

(r)

Fail to post in a conspicuous place near the key duplication machine, a sign that is written in a legible manner, is in English, Spanish and Creole and informs the customer that under the Miami-Dade County Locksmith Ordinance that the customer is entitled to all duplicated keys including keys made in error and keys with duplicating errors.

(s)

Make use of the title "licensed locksmith," "certified locksmith" or "certified master locksmith" or any words, letters or abbreviations that would denote such certification or licensure when the individual has not obtained this certification or licensure.

(t)

Dispatch any employee who does not meet the requirements of Sections 8A-366(a)(4) and (5), including an employee that does not perform locksmith work, to a customer's residence or place of business.

(Ord. No. 95-23, § 1, 2-7-95; Ord. No. 97-110, § 1, 7-8-97; Ord. No. 01-03, § 1, 1-23-01)