Burbank Municipal Code Art. 7 Firearms and Ammunition Retail Administration Business License

It is the purpose and intent of this Chapter to establish a local program for the issuance of the license and regulation of the sale, lease, or transfer of firearms or ammunition. The provisions of this Chapter are not intended to contradict or duplicate any applicable state or federal law. [Added by Ord. No. 23-3997, eff. 7/28/23.]

For the purpose of this Article, unless the context clearly requires a different meaning, the following words, terms, and phrases have the meanings given to them in this section:

AMMUNITION. Ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, and any component thereof, but shall not include blank cartridges or ammunition that can be used solely in an "antique firearm" as that term is defined in § 921(a)(16) of Title 18 of the United States Code.

APPLICANT. Any person who applies for a regulatory permit, or the renewal of such a permit, to sell, lease, or transfer firearms or ammunition, including any officer, director, partner, or other duly authorized representative applying on behalf of an entity.

CITY MANAGER. The City of Burbank City Manager or the City Manager’s designated representative.

COMMUNITY DEVELOPMENT DEPARTMENT. The City of Burbank Community Development Department or the Community Development Director’s designated representative.

ENGAGE IN THE BUSINESS OF SELLING, LEASING, OR OTHERWISE TRANSFERRING ANY FIREARM OR AMMUNITION. To conduct a business by the selling, leasing, or transferring of any firearm or ammunition, or to hold oneself out as engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition, or to sell, lease, or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

FIREARM. Any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion, provided that the term FIREARM shall not include an "antique firearm" as defined in § 921(a)(16) of Title 18 of the United States Code.

PERMITTEE. Any person, corporation, partnership, or other entity engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition, which person or entity has obtained a regulatory permit to sell, lease, or transfer firearms or ammunition.

PERSON. Any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

POLICE CHIEF. The City of Burbank Police Chief or the Chief’s designated representative.

PRIMARY BUSINESS ENGAGED IN THE BUSINESS OF SELLING, LEASING, OR OTHERWISE TRANSFERRING ANY FIREARM OR AMMUNITION. The principal purpose of the business is to sell, lease, or transfer firearms or ammunition. [Added by Ord. No. 23-3997, eff. 7/28/23.]

It is unlawful for any person, corporation, partnership, or other entity to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition within the City without a regulatory permit, as required by this Chapter, and without complying with all applicable requirements of the City’s Zoning Code. [Added by Ord. No. 23-3997, eff. 7/28/23.]

An Applicant for a permit or renewal of a permit under this Chapter shall file with the Community Development Department an application in writing, signed under penalty of perjury, on a form prescribed by the City. The Applicant shall provide all relevant information requested to demonstrate compliance with this Chapter, including:

1. The Applicant’s name, including any aliases or prior names, age, and address.

2. The Applicant’s federal firearms license and California firearms dealer numbers, if any.

3. A photocopy of the Applicant’s driver’s license, passport, or other government-issued identification card bearing a photograph of the Applicant.

4. The address of the proposed location for which the permit is sought, together with the business name, and the name of any corporation, partnership or other entity that has any ownership in, or control over, the business.

5. The names of all persons who will have access to or control of workplace firearms or ammunition, including but not limited to, the Applicant’s employees, agents, and/or supervisors, if any.

6. A current Certificate of Eligibility from the California Department of Justice under Cal. Penal Code § 26710 for the Applicant and for each individual identified in subsection 5 above, demonstrating that the person is not prohibited by state or federal law from possessing firearms or ammunition.

7. Proof of a possessory interest in the property at which the proposed business will be conducted, as owner, lessee, or other legal occupant, and, if the Applicant is not the owner of record of the real property upon which the Applicant’s business is to be located and conducted, the name, address and written consent of the owner of record of such real property to the Applicant’s proposed business accompanied by a notarized acknowledgment from the record owner of the property that a firearm retail business will be located on said property.

8. Proof of compliance with all applicable federal, state, and local licensing and other business laws.

9. Date of each application for every license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition which was sought by the Applicant, or by any individual identified in subsection 5 above within the past 5 years from the date of the application, from any jurisdiction in the United States, including, but not limited to, the date of each application and whether it resulted in the issuance of a license, and the date and circumstances of any revocation or suspension.

10. The Applicant’s agreement to indemnify, defend and hold harmless the City, its officers, elected officials, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pursuant to the operation of the business, including attorneys’ fees, arising in any manner out of the negligence or intentional or willful misconduct of: (a) the Applicant; (b) the Applicant’s officers, employees, agents, and/or supervisors; or (c) if the business is a corporation, partnership, or other entity, the officers, directors or partners, which shall be in a format approved by the City.

11. A Certificate of Insurance reflecting liability insurance and endorsement requirements in compliance with State and local laws reflecting coverage for the timeframe for which the permit will be issued.

12. The date, location, and nature of all criminal convictions of the Applicant, if any, in any jurisdiction in the United States.

13. A site plan that shows the footprint of all existing structures on the property, the structures dimensions, the property boundary lines, and the location of all existing public streets and alleys adjacent to the site.

14. An interior floor plan of the business with each room labeled and dimensioned, along with the total square footage of each room. [Added by Ord. No. 23-3997, eff. 7/28/23.]

Each application for a regulatory permit shall be accompanied by a nonrefundable fee for administering this Article as established by City Council resolution. [Added by Ord. No. 23-3997, eff. 7/28/23.]

The Police Chief shall conduct a review of the Application and the Applicant’s license request to determine, for the protection of the public health and safety, whether the regulatory permit may be issued or renewed:

1. Prior to permitting an Applicant to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition, or prior to the issuance or renewal of a regulatory permit under this Article, the Police Chief shall review all application materials, employee lists, current Certificates of Eligibility, and all other documentation to confirm compliance with state and federal law.

2. The Police Chief may recommend that the Community Development Department/City issue or renew a regulatory permit if the Applicant or Permittee is in compliance with this Article and all other applicable federal, state, and local laws. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A. Issuance or renewal of a regulatory permit shall be denied, or an existing permit shall be revoked, if the operation of the business would not or does not comply with federal, state, or local law, or if any of the following conditions exist:

1. The Applicant, or any individual identified in BMC 3-4-704 Subsection 5, does not have a current Certificate of Eligibility issued by the California Department of Justice.

2. The Applicant is not licensed as a dealer in firearms under all applicable federal, state, and local laws.

3. The Applicant has not satisfied all applicable requirements of the Zoning Code.

4. The Applicant has failed to fully comply with the application requirements, such as by refusing or failing to provide all of the requested information or refusing to agree to indemnify, defend, and hold harmless the City of Burbank, its elected and appointed officials, officers, and employees, against claims arising from operation of the business.

5. The Applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for a regulatory permit, or in any other documents submitted to the Community Development Department pursuant to this Article. If a permit is denied or revoked on this ground, the Applicant is prohibited from reapplying for a permit for a period of five (5) years.

6. The Applicant, or any individual identified in BMC 3-4-704 Subsection 5, has had a license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended, or denied for good cause within the immediately preceding five (5) years.

7. The Applicant is within a class of persons defined in Cal. Welfare and Institutions Code §§ 8100 or 8103.

B. Any administrative decision on a regulatory permit may be appealed through the process detailed in Title 2, Chapter 1, Article 15 of the BMC. [Added by Ord. No. 23-3997, eff. 7/28/23.]

The permitted business location shall be monitored by a video surveillance system approved by the Police Chief that includes cameras, monitors, and video recorders and is consistent with all requirements of Cal. Penal Code §26806 and all other applicable state requirements, as may be amended from time to time:

1. The interior and exterior of the permitted business location shall be monitored. The number and location of the cameras are subject to the approval of the Police Chief. At a minimum, the cameras shall be sufficient in number and location to monitor the critical areas of the business premises, including, but not limited to, all places where firearms or ammunition are stored, sold, delivered, or transferred, including, but not limited to, all counters, safes, vaults, cabinets, cases, entryways, and parking lots.

2. The video surveillance system shall operate continuously, without interruption, whenever the Permittee is open for business. Whenever the Permittee is not open for business, if not operating continuously, the system shall be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area.

3. The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within fourteen (14) calendar days. The Permittee must inspect the system at least weekly to ensure that it is operational, and images are being recorded and retained as required by the Police Chief. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A. If the proposed or current business location is to be used for the sale of firearms, no regulatory permit shall be issued or renewed unless there is in effect a policy of insurance that meets the requirements of Cal. Penal Code §26811, as may be amended from time to time, in a form approved by the City and executed by an insurance company approved by the City, insuring the Applicant against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease, or transfer or offering for sale, lease, or transfer of a firearm or ammunition, or any other operations of the business. The policy shall also name the City and its officials, officers, employees, and agents as additional insureds. The limits of commercial general liability shall be in an amount consistent with the City’s standard insurance requirements; the Certificate of Insurance and required endorsements shall be submitted to and approved by the City. Limits of liability may be increased if deemed necessary by the City Attorney.

B. Upon expiration of the policy of insurance, if no additional insurance is obtained, the regulatory permit shall expire. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A. Where firearm sales activity is the primary business performed at the business premises, no Permittee or any of Permittee’s agents, employees, or other persons acting under the Permittee’s authority shall allow the following persons to remain on the premises unless accompanied by a parent or legal guardian:

1. Any person under twenty-one (21) years of age, if the Permittee sells, keeps or displays firearms capable of being concealed on the person, provided that this provision shall not prevent a supervisory agent or employee who has the authority to control activities on the business premises from keeping a single firearm capable of being concealed on the person on the business premises for purposes of lawful self- defense; or

2. Any person under eighteen (18) years of age, if the Permittee only sells, keeps, or displays firearms other than firearms capable of being concealed on the person.

B. Where firearm sales activity is the primary business performed at the business premises, the Permittee and any of Permittee’s agents, employees, or other persons acting under the Permittee’s authority shall be responsible for requiring clear evidence of age and identity of persons to prevent persons not permitted to remain on the premises pursuant to section A above by reason of age from remaining on the premises. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator’s license, a state identification card, an armed forces identification card, or an employment identification card which contains the bearer’s signature, photograph and age, or any similar documentation which provides reasonable assurance of the identity and age of the individual.

C. Where firearm sales activity is the primary business performed at the business premises, no Permittee or any of Permittee’s agents, employees, or other persons acting under the Permittee’s authority shall allow any person to remain on the premises who the Permittee or any of Permittee’s agents, employees, or other persons acting under the Permittee’s authority knows or has reason to know is prohibited from possessing or purchasing firearms pursuant to federal, state, or local law, except as required by law or court order. [Added by Ord. No. 23-3997, eff. 7/28/23.]

The regulatory permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can easily be seen by those entering the premises, within 10 feet of the primary entrance. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A. A regulatory permit expires one year after the date of issuance.

B. A permit may be renewed for additional one (1) year periods if the Permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee. Renewal of the permit is contingent upon the Permittee’s compliance with the terms and conditions of the original application and permit, as detailed in this Article. The renewal application must be received by the Community Development Department no later than thirty (30) days before the expiration of the current permit. The renewal fee will be processed upon receipt of the renewal application. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A regulatory permit issued under this Chapter is not assignable. Any attempt to assign a regulatory permit shall result in revocation of the permit. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A person engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition on the effective date of this Article shall, within one hundred eighty (180) days of the effective date, comply with this Chapter. [Added by Ord. No. 23-3997, eff. 7/28/23.]

Permittees shall have their places of business open for inspection by federal, state, and local law enforcement during all hours of operation. The Police Chief shall conduct periodic inspections of the Permittee’s place of business with or without notice to assess the Permittee’s compliance with this Article. The inspections shall be of the parts of the Permittee’s place of business that are used to store or sell firearms, ammunition, records, and/or documents. The Police Chief shall conduct a minimum of one (1), but no more than two (2) inspections of a single place of business during each twelve (12) month period except that the Police Chief may conduct follow-up inspections that exceed two (2) in a twelve (12) month period if the Police Chief has good cause to believe that a Permittee is violating this Chapter. Permittees shall maintain all records, documents, firearms and ammunition in a manner and place accessible for inspection by federal, state, and local law enforcement. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A. A Permittee shall comply with Cal. Penal Code § 26835 and post all signs required by that section. A Permittee shall also post conspicuously the following warning signs, which shall be black text against a white background with block letters not less than one (1) inch in height, within the licensed premises:

1. “WITH FEW EXCEPTIONS, IT IS A CRIME TO SELL OR GIVE A FIREARM TO SOMEONE WITHOUT COMPLETING A DEALER RECORD OF SALE FORM AT A LICENSED FIREARMS DEALERSHIP.”

2. “ACCESS TO A FIREARM SIGNIFICANTLY INCREASES THE RISK OF DEATH BY SUICIDE, DOMESTIC DISPUTE, HOMICIDE, AND UNINTENTIONAL GUNSHOT.”

3. “STORING YOUR GUNS LOCKED, UNLOADED, AND SEPARATE FROM AMMUNITION CAN REDUCE THE RISK OF SELF-INFLICTED AND UNINTENTIONAL DEATH AND INJURY AMONG CHILDREN AND TEENS.”

4. “IF YOU OR SOMEONE YOU KNOW IS CONTEMPLATING SUICIDE, PLEASE CALL THE NATIONAL SUICIDE PREVENTION LIFELINE AT 1-800-273-TALK (8255).”

B. At each entrance to the licensed premises a Permittee shall post: “THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.”

C. If a Permittee sells, keeps, or displays firearms capable of being concealed on the person, the Permittee shall post conspicuously at each entrance to the premises, a sign stating: “FIREARMS ARE KEPT, DISPLAYED, OR OFFERED ON THE PREMISES, AND PERSONS UNDER THE AGE OF 21 ARE EXCLUDED UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.”

D. If a Permittee only sells, keeps, or displays firearms other than firearms capable of being concealed on the person, the Permittee shall post conspicuously at each entrance to the premises, a sign stating: “FIREARMS ARE KEPT, DISPLAYED, OR OFFERED ON THE PREMISES, AND PERSONS UNDER THE AGE OF 18 ARE EXCLUDED UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.

E. Where firearm sales activity is the primary business performed at the business premises, the Permittee shall post conspicuously at each entrance to the premises, a sign stating: “FIREARMS ARE KEPT, DISPLAYED, OR OFFERED ON THE PREMISES, AND PERSONS PROHIBITED FROM POSSESSING OR PURCHASING FIREARMS PURSUANT TO FEDERAL, STATE, OR LOCAL LAW ARE EXCLUDED.” [Added by Ord. No. 23-3997, eff. 7/28/23.]

In addition to any other penalty or remedy, the Police Chief shall report any person or entity whose regulatory permit is denied or revoked pursuant to this Article to the Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol, Tobacco, Firearms, and Explosives within the U.S. Department of Justice. [Added by Ord. No. 23-3997, eff. 7/28/23.]

A. The City Manager or City Manager’s designee is authorized to establish any additional rules, procedures, and processes concerning or related to the application, issuance, denial, or renewal of the permits authorized under this Chapter, the ongoing operation and City’s oversight of retail firearms and ammunitions retail establishments, or any other subject determined to be necessary to carry out the purposes of this Chapter.

B. Any rules, procedures, or processes promulgated by the City Manager or City Manager designee pursuant to this Section shall be provided to each firearm and ammunition retail establishment, published on the City’s website, and maintained and available to the public in the Office of the City Clerk.

C. Rules, procedures, or processes promulgated by the City Manager or City Manager designee shall become effective upon date of publication on the City’s website. Firearms and ammunitions retail establishments shall be required to comply with all state and local laws and regulations, including but not limited to any rules, regulations, or standards adopted by the City Manager. [Added by Ord. No. 23- 3997, eff. 7/28/23.]