Beverly Hills Municipal Code Art. 6 Firearm Dealers

No person shall engage in, conduct, or carry on any firearm dealership without a permit issued under the provisions of chapter 1, article 1 of this title. (Ord. 98-O-2314, eff. 12-11-1998)

For the purpose of this article, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

AMMUNITION: Any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of a firearm.

EMPLOYEE: Any officer, employee or agent of a firearm dealership.

FIREARM: Shall include, without limitation, any revolver, pistol, rifle or any other device, designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion.

FIREARM DEALERSHIP: Any business that sells, leases or otherwise transfers firearms or ammunition to members of the public. (Ord. 95-O-2240, eff. 7-7-1995; amd. Ord. 98-O-2314, eff. 12-11-1998; Ord. 02-O-2407, eff. 10-4-2002)

In addition to the requirements of section 4-1-103 of this title, the permit shall be denied for any of the following reasons:

A. The applicant does not have each of the following: 1) a valid federal firearms license; 2) a valid seller's permit issued by the state of California board of equalization; and 3) a valid certificate of eligibility issued by the California department of justice.

B. The applicant has not provided evidence of a possessory interest (e.g., owner or lessee) in the property at which the business is proposed to be conducted.

C. The business is proposed to be conducted on residentially zoned property.

D. The applicant has not provided evidence of an insurance policy that complies with subsection 4-4-604C of this article. (Ord. 98-O-2314, eff. 12-11-1998)

Firearm dealerships shall be subject to the following restrictions and prohibitions:

A. The permittee shall maintain at all times public liability insurance in an amount not less than one million dollars ($1,000,000.00). Such insurance policy shall comply with the provisions of title 3, chapter 4 of this code.

B. No person under eighteen (18) years of age, who is unaccompanied by a parent or legally responsible adult, shall be permitted to enter or remain on the premises of any firearm dealership at which the principal business is firearm sales activity.

C. It shall be a condition of each permit issued pursuant to this article that the permittee agrees to indemnify, hold harmless, and defend the city, and its council and each member thereof, and every officer and employee of the city, from any and all liability or financial loss resulting from any suits, claims, losses or actions brought by any person and from all costs and expenses of litigation brought against the city, and its council and each member thereof, and any officer and employee of the city, by reason of injury to any person, including, but not limited to, officers and employees of the permittee, or damage, destruction, or loss of property of any kind whatsoever and to whomsoever it may belong, including, but not limited to, that of the permittee, resulting directly or indirectly from any or all activities and operations of the permittee, or any person employed by the permittee, performed under or pursuant to such permit or any and all activities, operations, and conditions in any manner connected therewith or pertaining thereto. Such indemnity shall include, but not be limited to, any and all liabilities, demands, claim, damages, losses, costs, and expenses caused, or alleged to have been caused by any negligent or other act of any such permittee. (Ord. 98-O-2314, eff. 12-11-1998; amd. Ord. 02-O-2407, eff. 10-4-2002)

A. Every employee shall obtain an identification card issued under the provisions of chapter 1, article 2 of this title, and shall have such identification card in his or her possession at all times while on the premises of the firearm dealership.

B. In addition to the grounds for denial set forth in section 4-1-203 of this title, an identification card shall be denied if the applicant falls into one or more of the following categories:

1. Less than twenty one (21) years of age.

2. Has had a firearm dealer license revoked or denied within one year prior to the date of application.

3. Is prohibited by law from owning possessing or having custody or control of any firearm.

4. Has been convicted of any firearm related offense within five (5) years prior to the date of application. (Ord. 98-O-2314, eff. 12-11-1998)

A. The permittee shall maintain accurate records of all firearm and ammunition sales and transfers. Except as provided in subsection C of this section, the records shall contain the right thumbprint of the purchaser or transferee and shall indicate:

1. The date that the purchaser or transferee acquired the firearm(s) and/or ammunition;

2. The name, address and date of birth of the purchaser or transferee;

3. The driver's license number, or other identification number, of the purchaser or transferee and the issuing state;

• 4. The make, brand, model and type of firearm(s) purchased or transferred;
• 5. The brand, type and amount of ammunition purchased or transferred; and
• 6. The signature of the purchaser or transferee.

B. The information required by this section shall be recorded at the time of purchase and shall be maintained in a log book in a form substantially as follows:

Ammunition/Firearm Sales Records Log

Store:

C. The records required by this section shall be maintained on the premises of the business for a period of not less than three (3) years from the date of the recorded transaction.

D. Nothing in this section shall require the recordation of transaction information pertaining to the following classes of persons:

1. Any person described in California Penal Code section 12302 or 12322.

2. Any off duty peace officer who displays proper agency identification that indicates such person is an active peace officer.

3. Any person who has been issued a permit to carry a concealed weapon under the authority of California Penal Code section 12050.

4. Any security guard licensed under the authority of California Penal Code section 12033.

5. Any person that has been issued all of the following: a) a valid federal firearms license; b) a valid seller's permit issued by the state of California board of equalization; c) a valid certificate of eligibility issued by the California department of justice; and d) a permit to operate a firearm dealership in the city. (Ord. 95-O-2240, eff. 7-7-1995; amd. Ord. 98-O-2314, eff. 12-11-1998)

The permittee shall maintain on the business premises a complete inventory of all firearms in stock, by classification and serial number, for a period of not less than three (3) years. (Ord. 98-O-2314, eff. 12-11-1998)

The records required to be maintained by this article shall be open to inspection at the request of the city or the Los Angeles County sheriff's department. (Ord. 95-O-2240, eff. 7-7-1995; amd. Ord. 98-O-2314, eff. 12-11-1998)

On or before February 1 of each year, the permittee shall file an annual report of the gross revenue received from sale of firearms and ammunition during the previous year. Such report shall be filed with the Beverly Hills police department and shall indicate the quantity and classification of firearms and ammunition sold. (Ord. 95-O-2240, eff. 7-7-1995; amd. Ord. 98-O-2314, eff. 12-11-1998)

The city council by resolution may establish a fee to recover the cost of administering and enforcing the provisions of this article. (Ord. 95-O-2240, eff. 7-7-1995; amd. Ord. 98-O-2314, eff. 12-11-1998)