Varanelli
Varanelli v. Structural Pest Control Board
Opinion
Opinion
Fleming, J.
Does California’s Structural Pest Control Act (Bus. & Prof. Code, §§ 8500-8677) apply to door-to-door solicitors of free structural pest control inspections, and, if it does, is such application constitutional? The trial court answered both questions in the affirmative and concluded that the act covers the solicitations being carried on by plaintiffs, that .such coverage is constitutional, and that plaintiffs are not entitled to conduct door-to-door solicitations for free pest control inspections without securing a license under the act.
Appellants argue: (1) the statute does not cover their activities, (2) but if it does, the statute bears no reasonable relationship to the public interest and is therefore unconstitutional.
I
The statute defines structural pest control to include “soliciting . . . of an inspection or inspections for the purpose of identifying ... infestations . . (§ 8505.) Article 3 of the Structural Pest Control Act makes it unlawful for any unlicensed person to engage in the business of structural pest control. (§ 8550.)
A qualified person may obtain a license as a structural pest control operator or as a structural pest control field…