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03_California Penal Code Section 26190

San Marino City Council
June 12, 2024

Document
03_California Penal Code Section 26190
Meeting
June 12, 2024
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San Marino City Council
Original file
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Text extracted from the city's file for reading and search. Open the original on cityofsanmarino.primegov.com. That file is the official record.

State of California

PENAL CODE
Section 26190
26190. (a)  (1)  An applicant for a new license or for the renewal of a license shall pay at the time of filing the application a fee determined by the Department of Justice.

The fee shall not exceed the application processing costs of the Department of Justice for the direct costs of furnishing the information and report required by Section 26185. (2)  After the department establishes fees sufficient to reimburse the department for processing costs, fees charged shall increase at a rate not to exceed the legislatively approved annual cost-of-living adjustments for the department’s budget. (3)  The officer receiving the application and the fee shall transmit the fee, with the fingerprints, if required, to the Department of Justice in accordance with Section 26185.
(b)  (1)  The licensing authority of any city, city and county, or county shall charge an additional fee in an amount equal to the reasonable costs for processing the application for a new license or a license renewal, issuing the license, and enforcing the license, including any required notices, excluding fingerprint and training costs, and shall transmit the additional fee, if any, to the city, city and county, or county treasury.
(2)  The first 50 percent of this additional local fee may be collected upon filing of the initial or renewal application. The balance of the fee shall be collected only upon issuance of the license.
(c)  These local fees may be increased to reflect increases in the licensing authority’s reasonable costs, as described in paragraph (1) of subdivision (b). In no case shall the local fees exceed the reasonable costs to the licensing authority, as described in paragraph (1) of subdivision (b).
(d)  (1)  In the case of an amended license pursuant to Section 26215, the licensing authority of any city, city and county, or county may charge a fee in an amount not to exceed the reasonable costs to process the amended license. In no case shall the amount charged to the applicant for the amended license exceed the reasonable costs to the licensing authority.
(2)  This fee may be increased at a rate to reflect increases in the licensing authority’s reasonable costs, as described in paragraph (1) of subdivision (d). In no case shall this fee exceed the reasonable costs to the licensing authority, as described in paragraph (1).
(3)  The licensing authority shall transmit the fee to the city, city and county, or county treasury.
(e)  (1)  If a psychological assessment on the initial application is required by the licensing authority, the license applicant shall be referred to a licensed psychologist

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
acceptable to the licensing authority. The applicant may be charged for the actual cost of the assessment. In no case shall the amount charged to the applicant for the psychological assessment exceed the reasonable costs to the licensing authority. (2)  Additional psychological assessment of an applicant seeking license renewal shall be required only if there is compelling evidence of a public safety concern to indicate that an assessment is necessary. The applicant may be charged for the actual cost of the assessment. In no case shall the cost of psychological assessment exceed the reasonable costs to the licensing authority.
(Amended by Stats. 2023, Ch. 249, Sec. 17. (SB 2) Effective January 1, 2024.)

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