NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 937

SENATE BILL 517

 

 

AN ACT CREATING A BOARD OF EXAMINERS FOR THOSE ENGAGED IN THE BUSINESS OF WATCHMAKING OR WATCH REPAIRING AND PRESCRIBING THEIR DUTIES AND POWERS IN NORTH CAROLINA.

 

The General Assembly of North Carolina do enact:

 

Section 1.  This Act is designed and intended to protect the public against abuses, misrepresentation, false advertising and incompetency in the business of watchmaking and watch repairing. From and after January 1, 1968, it shall be unlawful:

(1)        To engage in the business of repairing, replacing, rebuilding, reconditioning, cleaning and adjusting the mechanical parts of watches and the manufacturing and fitting of parts designed for use or used inside watches and other time recording instruments without being a watchmaker registered pursuant to the provisions of this Act by the board of examiners as hereinafter established.

(2)        To act or attempt to act as a watchmaking apprentice without being registered as an apprentice by the board of examiners.

(3)        For any person, partnership, firm, or corporation to operate a watchmaking or watch repairing business unless it is at all times operating under the supervision of a registered watchmaker; provided, however, that those who are engaged in the sale of watches shall be deemed to have complied with this Act in the event they receive watches for repairs and that the repairs are made under the general supervision of a registered watchmaker, and those engaged in the sale of watches shall be deemed in compliance with this Act when they return watches to the factory for adjustment, exchange or repairs, that nothing herein contained shall be construed to mean the manufacturing of watches and parts, clocks and parts, in a regularly constituted watch or clock factory or to an out-of-state firm, company, or corporation specializing in the repair of watches which has been designated and determined as such by the board of examiners, and shall not include the manufacturing or repairing of watch or clock cases, but shall include the repairing of all winding mechanisms whether they are parts of such cases or not; provided, further, that this Act shall not apply to those engaged in repairing, remaking, refinishing, swapping, selling, purchasing, or reselling used watches and clocks.

Sec. 2.  North Carolina State Board of Examiners in Watchmaking and Repairing. There is hereby created a board of examiners, consisting of five members, to be appointed by the Governor within 60 days after July 1, 1967, which shall be known as the "North Carolina State Board of Examiners in Watchmaking and Repairing". Each member of the board shall be a practical watchmaker who has followed such occupation in this State for at least two years immediately prior to his appointment. The terms of the first board shall be as follows: One for the term of one year; one for the term of two years; one for the term of three years; two for the term of four years; and thereafter all appointments shall be for a term of four years. Members of the board shall hold office until their successors are appointed and qualified; provided, however, the Governor may remove any member of the board for misconduct, incompetency or willful neglect of duty. The Governor shall have power to fill all vacancies occurring on said board.

Sec. 3.  Officers, Quarters, Meetings, Records, Etc. The board shall organize by electing a president from its members and appointing a secretary who may be from its members who shall hold their respective offices for one year, subject to re-election or reappointment, or until their successors are elected or appointed, and keep a record of its proceedings, a register of persons registered as watchmakers and apprentices showing the name, place of business and residence of each and the date and number of his certificate, and a record of all licenses issued, refused, renewed, suspended or revoked. Its records shall be open to public inspection at all reasonable times. The board shall meet at least semi-annually for the transaction of its necessary business and shall annually, on or before the first day of July of each year, make a report to the Governor of its official acts during the preceding year, and of its receipts and disbursements, and such recommendations as it may deem expedient. The board may retain legal counsel, if it deems it necessary, and a recognized administration or technical expert, if it deems necessary.

Sec. 4.  Secretary's Bond. Before entering upon the discharge of the duties of his office, the secretary shall give a bond to the board, to be approved by the board, in the sum of five thousand dollars ($5,000.00) conditioned upon the faithful performance of the duties of his office.

Sec. 5.  Receipts and Their Disposition. All moneys received by the board under this Act shall be paid to the secretary of the board, who shall give a proper receipt for the same and shall deposit the same in a depository designated by the board. No expenditures of funds of the board shall be made except pursuant to the direction of, or pursuant to the rules and regulations of, the board, with respect thereto. Neither the board nor any officer or employee thereof shall have any power or authority to make or incur any expense, debt or other financial obligation binding upon the State of North Carolina.

Sec. 6.  Compensation. Each member of the board shall receive fifteen dollars ($15.00) for each day actually engaged in the discharge of his official duties plus ten dollars ($10.00) per day for subsistence and ten cents (10¢) per mile while traveling to and from any regular or called meeting of the board. The board shall have authority to employ such clerks, assistants and not more than two investigators as it may deem necessary for the proper execution of its functions and to fix their salaries and expenses; such investigators, if employed in the discretion of the board, shall be licensed watchmakers actively engaged as watchmakers for at least two years prior thereto.

Sec. 7.  Promulgation of Regulations. The board shall have authority to make such reasonable rules and regulations as may be deemed necessary or desirable to carry out the provisions of this Act and which are not inconsistent therewith; provided, however, that such rules and regulations shall not be adopted until after a public hearing, for which hearing adequate notice has been given. Any investigator of the board shall have authority to enter upon and to inspect any place of business conducted as a watch repair business at any time during business hours; provided, however, that no such inspection may be had without there first being a written complaint directed to the board wherein complaint is made of the operations or practices of the enterprise to be inspected or investigated. A copy of the rules and regulations as adopted by the board shall be furnished by the board to the owner or manager of each such place of business and to the general public upon request; provided, further, all appeals from the decisions of the board shall be as provided in Article 33 of Chapter 143 of the General Statutes.

Sec. 8.  Apprentice Qualifications; License. Any person 16 years of age or over of good moral character indentured to a registered watchmaker in accordance with the terms of this Act may engage in watchmaking, subject to the provisions of this Act, upon obtaining from the board license as an apprentice watchmaker, which license shall be conspicuously displayed at all times in the place of employment of the licensee.

Sec. 9.  Applications for License. Any person who desires to practice watchmaking or to practice as an apprentice watchmaker shall file with the secretary of the board of examiners a written application, on a form approved by the board, under oath, that the applicant is at least 18 years of age, or if an apprentice, at least 16 years of age.

Sec. 10.  Examinations. The board shall conduct examinations for applicants for license to practice as watchmakers at least two times a year at such times and places as the board may determine. Such examination shall determine the applicant's qualifications with regard to such knowledge, practical ability and skill as is essential in the proper repairing of watches, and shall include an examination of theoretical knowledge of watch construction and repair, and also a practical demonstration of the applicant's skill in the manipulation of necessary watchmaker's tools. Such examination shall be written or oral, or both, as the board may determine. License of watchmakers shall be issued by the board to any applicant who shall pass a satisfactory examination in the opinion of said board and shall possess the other qualifications required by law.

Sec. 11.  License Without Examinations. Any resident of this State who has been engaged in the practice of watchmaking and watch repairing at one or more established places of business in this State or any state, or who at any time or times prior to July 1, 1967, engaged in such practice for a total period of one year, shall be granted a license as a registered watchmaker without examination provided that such application is made prior to January 1, 1969, and is accompanied by a fee of ten dollars ($10.00). Any person who, prior to July 1, 1967, was practicing as an apprentice watchmaker under the tutorship of a practicing watchmaker in this State for a period of at least six months or who shall hereafter become apprenticed to a registered watchmaker under the provisions of this Act, shall be granted a license to practice as an apprentice by making application to the board and paying the required fee of fifteen dollars ($15.00).

Sec. 12.  Display of License. Every holder of a license shall display it in a conspicuous place in the place of business where he is so engaged or employed.

Sec. 13.  Fees. The State Board of Watchmaker Examiners shall charge and collect the following fees: For the examination of an applicant for a license to practice as a watchmaker, twenty-five dollars ($25.00); for the original registration of an applicant for a license to practice as a watchmaker who is eligible by the provisions of this Act for such license without an examination, ten dollars ($10.00), for which amount the applicant shall also be given his or her respective license without additional cost other than the original registration fee, for that year in which such original registration was made; for renewal of the license as a watchmaker, ten dollars ($10.00); for restoration of an expired license, ten dollars ($10.00); for the filing of an apprentice license, ten dollars ($10.00); for a license to practice as an apprentice, five dollars ($5.00); for a renewal of a license to practice as an apprentice, five dollars ($5.00).

A duplicate license will be issued upon the filing of a statement covering the loss of a license verified by the oath of the applicant, and the payment of five dollars ($5.00) for the issuance of same. Each duplicate license shall have the word "duplicate" stamped across the face thereof, and will bear the same number as the license that it was issued in lieu of. All such licenses shall expire as of December 31 of each calendar year. Upon the failure of any applicant to satisfactorily pass the examination for a license, he shall be privileged to take a subsequent examination at any other examination period upon the payment of seven dollars and fifty cents ($7.50). All those applicants satisfactorily passing the examination for a license shall be given their respective license without additional cost other than the examination fee, for that year in which such examination was satisfactorily passed.

Sec. 14.  Refusal to Issue; Revocation or Suspension of License; Grounds. The board may refuse to issue, and is empowered to revoke or suspend, any license if the applicant or holder shall:

(1)        Have been convicted of a felony or misdemeanor involving moral turpitude within five years of the date of application for license.

(2)        Have engaged in any unethical practice or conduct, as defined by the board, which shall include and mean any conduct of a character likely to mislead, deceive or defraud the public.

(3)        Have made any false statement in any document required or permitted to be filed with the board by this Act and the regulations promulgated hereunder.

(4)        Have advertised in any manner in which untruthful or misleading statements are made.

(5)        Have performed any service in pursuance to any such advertising.

(6)        Have transferred or loaned a certificate of registration to any person.

(7)        Fails to display the certificate of registration conspicuously in the place of business at all times.

(8)        Employ directly or indirectly any unregistered watchmaker or apprentice to perform any watchmaking or repairing.

(9)        Not comply within 30 days with any order, rule, or regulation of the State Board created under this Act.

Either causes (1) or (9) shall, on proof to the board, be sufficient ground for revocation, suspension, or denial of a certificate of registration. As to each of the other several causes for action by the board enumerated above, on the first offense the registrant or applicant shall be admonished, but on any subsequent offense the board shall have power to act as in the cases of causes (1) and (9). In no case shall there be any disciplinary action taken by the board without first having before it written charges and having delivered or mailed by registered mail to the person charged a true copy of the charges preferred, and having given the person charged an opportunity to be heard in his defense.

Sec. 15.  Terms Defined. The words watch, watchmaking, watchmaker, watch repairer and watch repairing shall mean and include clock, clockmaking, clockmaker, clock repairer and clock repairing. The words watchmaker and watchmaking are used synonymously with and shall include and mean watch repairer and watch repairing for the purpose of this Act.

Sec. 16.  Enforcement of Act; Injunction. The State Board of Examiners in Watch Repairing, or any resident of any county where any person or persons, firm or corporation shall hold himself or itself out as a watchmaker or repairer, or who advertises as being in the business of watchmaking or repairing without at all times operating such business under the supervision of a registered watchmaker, or who holds himself or itself out as a qualified watchmaker or repairer without having a license so to do, may, in accordance with the laws of the State of North Carolina, governing injunctions, maintain an action in the name of the State of North Carolina to enjoin such person or persons, firm or corporation from engaging in the business of watchmaking or watch repairing, or from advertising himself or itself as such, as herein defined, until a license has been secured. Any person who has been so enjoined who shall violate such injunction shall be punished as for contempt of court; provided, that such injunction shall not relieve such person or persons, firm or corporation so engaging in watchmaking or watch repairing contrary to the provisions of this Act from a criminal prosecution therefor as provided for herein, but such remedy by injunction shall be in addition to any other remedy providing for the criminal prosecution of such offender.

Sec. 17.  Watchmakers of Other States; Recognition. The board may recognize licenses issued to watchmakers by state boards of watchmakers of other states, and upon presentation of such licenses may issue to the lawful holders thereof the watchmaker's license herein provided upon the payment of a license fee of twenty-five dollars ($25.00) for the first year.

Sec. 18.  Penalty. Anyone not having a valid license who holds himself out as a watchmaker or repairer, or who advertises as being in the business of watchmaking or repairing or who operates a business of watchmaking or repairing without operating such business under the supervision and management of a registered watchmaker or who holds himself out as qualified to do watchmaking or repairing, or anyone who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00), or by imprisonment for not less than one month nor more than six months, or by both such fine and imprisonment.

Sec. 19.  Constitutionality. All Sections, subsections, sentences, clauses, and phrases of this Act are declared to be independent Sections, subsections, sentences, clauses, and phrases, and the finding or holding of any Section, subsection, sentence, phrase, or clause to be unconstitutional, void or ineffective for any cause, shall not affect any other Section, subsection, sentence or part thereof.

Sec. 20.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 21.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 27th day of June, 1967.