Cathedral City Municipal Code Ch. 5.32 Firearms Dealer Establishments

A. The purpose of this chapter is to protect the public's health and safety and the safety of employees of firearms dealer establishments through the establishment of certain location and operation standards pertaining to the sale of firearms in the city.

B. Nothing in this chapter is intended to permit any use, conduct, and/or activity which violates any federal, state or local law or regulation.

(Ord. 516 § 2, 1999)

A. The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings ascribed to them in this section:

"Ammunition"

means 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.

"Applicant"

means any person who applies for a firearms dealer establishment permit, or the renewal of such a permit.

"Certified copy"

means a copy of a document that is certified by the issuer as being a true and accurate copy of the original document or a similar document bearing an original signature of the issuer.

"Certified statement"

means a written assertion, claim or declaration bearing the original signature of the issuer.

"City"

means the city of Cathedral City.

"City manager"

means the city manager of the city of Cathedral City.

"Complete application"

means an application which provides all of the requisite information required to be provided by an applicant pursuant to this chapter and is accompanied by the requisite application fees.

"Employee"

means a person who works as an employee or independent contractor for any permittee, regardless of whether or not said person is paid a salary, wage or other compensation by the permittee.

"Establishment"

means any of the following: (a) the opening or commencement of a firearms dealer related business as a new business or as an accessory use to an existing business, (b) the conversion of an existing business, whether or not it is a firearms dealer establishment, to any other type of firearms dealer establishment as defined in this chapter, (c) the relocation of any firearms dealer establishment to any other location, or (d) the substantial enlargement of an existing firearms dealer establishment.

"Filing date of application"

means the date on which the city determines that a complete application has been submitted to the city by the applicant.

"Firearm"

means 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.

"Firearms dealer"

means any person who sells, leases or transfers firearms pursuant to Penal Code Section 12071(a)(1).

"On-site manager"

means the person who supervises, directs or manages the employees.

"Operator"

means any of the following: (a) the owner, (b) the permit holder, (c) custodian, (d) manager, or (e) person in charge of any firearms dealer establishment.

"Permit"

means a firearms dealer establishment permit as required by this chapter which is a written license to engage in the practice of selling, leasing, or transferring firearms.

"Permittee"

means the person in whose name a firearms establishment permit has been issued pursuant to this chapter.

"Person"

means any of the following: (a) an individual, (b) a proprietorship, (c) a partnership, (d) a corporation, (e) an association, or (f) any other legal entity.

"Police chief"

means the chief of the police department of the city of Cathedral City.

"Reception area"

means the area of a firearms dealer establishment where customers enter the business, where customers are greeted and/or received by the operator and/or employees of said business, and/or where customers pay for merchandise.

"Transfer of ownership or control of a firearms dealer establishment"

means any of the following, whether voluntary or involuntary: (a) the sale, lease or sublease of the business, (b) the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means, or (c) the establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.

B. Where terms are not specifically defined in this chapter, in this code, in any applicable statute, rule, code or regulation, or in any of the Uniform Codes adopted and incorporated by reference by this code, they shall have the meanings set forth in their ordinary accepted meanings within the context in which they are used. The most current edition of Webster's Third New International Dictionary of the English Language, Unabridged, shall be construed as providing ordinary accepted meanings for any duly adopted city policy or regulation described in this chapter.

C. Words used in the singular include the plural and the plural the singular.

D. Words used in the masculine gender include the feminine and the feminine the masculine.

(Ord. 516 § 2, 1999; Ord. 562 § 1, 2002)

A. A person may operate, maintain, run, or manage a firearms dealer establishment only if that person has been validly issued a firearms dealer establishment permit by the city pursuant to this chapter for the subject firearms dealer establishment.

B. Unless specifically exempted by state or federal law, the fact that a person possesses other types of permits and/or licenses does not exempt him or her from the requirement of obtaining a firearms dealer permit to operate a firearms dealer establishment in the city as set forth in this chapter.

(Ord. 516 § 2, 1999)

A. A firearms dealer establishment may be located in commercial business park zones as a permitted use subject to the development standards and other provisions set forth in Section 18.02.06 of the zoning ordinance and provided that the establishment will not be located within one thousand feet from a church or other religious institution, day-care center, game arcade, halfway house, residence, residential zoned area, private or public park, group home, or other firearm dealer establishment.

B. The distance between a firearms dealer establishment and any of the uses described above shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business or in the case of a park from the closest property line of the subject park.

(Ord. 516 § 2, 1999)

By applying for a permit under this chapter, the applicant shall be deemed to have consented to the provisions of this chapter and to the exercise of authority by the city's officials, representatives and employees charged with implementing and/or enforcing the provisions set forth in this chapter.

(Ord. 516 § 2, 1999)

No certificate of occupancy shall be issued for any newly constructed structure or substantial enlargement of a structure that will contain a firearms dealer establishment until a firearms dealer establishment permit has been validly issued for the subject premises pursuant to this chapter.

(Ord. 516 § 2, 1999)

No business license shall be issued to any person for any firearms dealer establishment unless such person has first obtained a validly issued firearms dealer permit pursuant to this chapter.

(Ord. 516 § 2, 1999)

The city manager or his or her designee shall be responsible for granting or denying all firearms dealer establishment permits described in this chapter and such permits shall only be granted or denied pursuant to the provisions described in this chapter or any other applicable law.

(Ord. 516 § 2, 1999)

A. An application for a firearms dealer permit shall be made on a form provided by the city and signed under penalty of perjury.

B. The following information and the following documents must be submitted with all applications for firearms dealer permits:

1. If the applicant is:

a. An individual, the applicant shall provide his/her legal name, any aliases, and date of birth;

b. A partnership, the applicant shall provide the complete name of the partnership, the legal names of all the general partners, any aliases, and dates of birth;

c. A corporation, the applicant shall provide the complete name of the corporation, the legal names and any aliases, dates of birth and capacity of all officers.

2. The name of the business.

3. The name of the prospective on-site manager, if different from the applicant.

4. The location of the proposed firearms dealer establishment, including a legal description of the property, street address, and telephone number(s) currently in service.

5. The applicant's home and/or business address and the home and business addresses of the prospective on-site manager if other than the applicant.

6. A recent photograph of the applicant and the prospective on-site manager if other than the applicant.

7. The applicant's and the prospective on-site manager's, if other than the applicant, drivers license or permit numbers or identification numbers.

8. The applicant's and the prospective on-site manager's, if other than the applicant, fingerprints taken by the police department or other law enforcement agency approved by the police chief.

9. If the applicant and/or prospective on-site manager is an individual, then his/her social security number; if the applicant and/or prospective on-site manager is a business, then the federally issued tax identification number for that business.

10. The previous addresses of applicant and the prospective on-site manager, if other than the applicant, for the ten years prior to the date of the application and the dates of residency at each such address.

11. The names, addresses and descriptions of all current and former businesses owned, operated or managed by applicant and prospective on-site manager, if other than the applicant, for the ten years prior to the date of the application and the dates the applicant and/or the prospective on-site manager, owned, operated or managed such business.

12. A list of all of applicant's and prospective on-site manager's, if other than the applicant, convictions, excluding traffic violations.

13. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of a felony under the laws of the United States, the state of California, or any other state, government, or country;

14. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of any of the following misdemeanor offenses:

a. Manufacturing, importing, selling, intending to sell or otherwise giving, lending or possessing a gun, firearm or other weapon or ammunition in violation of California Penal Code Section 12020;

b. Threatening a public officer, employee or school official to do or refrain from doing any act in the performance of an official duty by means of a threat to inflict unlawful injury to person or property in violation of California Penal Code Section 71;

c. Threatening the life of or serious bodily harm to certain elected and other public officials in violation of California Penal Code Section 140;

d. Removing or taking or attempting to remove or take a firearm from a public officer or police officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 148;

e. Bringing or possessing a prohibited weapon or firearm in a state or local public building in violation of California Penal Code Section 171b;

f. Bringing or possessing a loaded firearm within the state capitol or legislative office in violation of California Penal Code Section 171c;

g. Bringing or possessing a loaded firearm within the governor's mansion or residence of a constitutional officer in violation of California Penal Code Section 171d;

h. Supplying, selling, or giving possession of a firearm to a person who then uses the firearm in commission of a felony while actively participating in a criminal street gang in violation of California Penal Code Section 186.28;

i. Assaulting a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 241;

j. Battery against a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 243;

k. Assault with a stun gun or taser in violation of California Penal Code Section 244.5;

l. Assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury in violation of California Penal Code Section 245;

m. Assault upon a school employee with a deadly weapon or instrument or by any means of force likely to produce great bodily injury or with a stun gun or taser while he or she is engaged in the performance of his or her official duty in violation of California Penal Code Section 245.5;

n. Shooting at an inhabited dwelling house or at an occupied building, motor vehicle, aircraft or camper in violation of California Penal Code Section 246;

o. Willfully discharging a weapon in a grossly negligent manner in violation of California Penal Code Section 246.3;

p. Discharging a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house in violation of California Penal Code Section 247;

q. Willful infliction of corporal injury in violation of California Penal Code Section 273.5;

r. Intentionally and knowingly violating a court-issued protective order;

s. Drawing, exhibiting, or using a firearm in a rude, angry or threatening manner or in any other unlawfully manner in any fight or quarrel in violation of California Penal Code Section 417;

t. Drawing or exhibiting an imitation firearm in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm in violation of California Penal Code Section 417.4;

u. Possessing a firearm in a school zone or for discharging or attempting to discharge a firearm in a school zone in violation of California Penal Code Section 626.9;

v. Stalking in violation of California Penal Code Section 646.9;

w. Manufacturing or causing to be manufactured, importing, keeping for sale, or offering or exposing for sale or giving, lending or possessing or concealing a prohibited weapon or firearm in violation of California Penal Code Section 12020;

x. Advertising the sale of a prohibited weapon or device in violation of California Penal Code Section 12020.5;

15. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been convicted of any offense in any other state which, if committed or attempted in this state, would have been punishable as one or more of the misdemeanor offenses set forth in this section.

16. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant has not been liable for a civil fine resulting from the purchase, sale, manufacture, shipment, transport, distribution or receipt by mail or any other manner of an imitation firearm as defined by California Penal Code Section 417.2.

17. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, that provides that the declarant is not an unlawful user of a controlled substance as defined by the California Health and Safety Code.

18. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant is prohibited to have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever, pursuant to Sections 8100 or 8103 of the California Welfare and Institutions Code.

19. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has been convicted within the previous five years of any offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code.

20. A declaration signed under penalty of perjury by the applicant and prospective on-site manager, if other than the applicant, regarding whether the declarant has had a previous firearms dealer establishment permit or any other similar permit denied, suspended or revoked and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the firearms dealer establishment for which the license or permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation.

21. A declaration signed under penalty of perjury by the applicant and prospective on-site manager if other than the applicant regarding whether the declarant has been a sole proprietor, general partner, officer, or director of any firearms dealer establishment that has had a previous firearms dealer establishment permit or other firearms dealer establishment permit issued pursuant to the ordinance codified in this chapter or any other similar ordinance of the city or other jurisdiction which was denied, suspended or revoked and if any such denial, suspension or revocation occurred, the declarant shall provide the name and location of the firearms dealer establishment for which the permit was denied, suspended or revoked, the date of the denial, suspension or revocation, and the reason or reasons for the denial, suspension or revocation.

22. A sketch or diagram showing the configuration of the premises of the firearms dealer establishment, drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches, including a statement of total floor space occupied by the firearms dealer establishment.

C. The applicant shall provide the following documentation:

1. Proof of a legal or equitable interest or possessory interests, which may include but not be limited to a leasehold interest, in the building and the real property upon which the proposed firearms dealer establishment will be operated;

2. A certified statement from the real property owner authorizing the proposed use of the premises as a firearms dealer establishment if applicant is not the record owner of the building and the real property upon which the proposed firearms dealer establishment will be operated;

3. Proof that applicant is the holder of a valid federal firearms license;

4. Proof that applicant is the holder of a valid seller's permit issued by the state of California Board of Equalization;

5. Proof that applicant is the holder of a valid certificate of eligibility issued by the California Department of Justice; and

6. Certificate of liability insurance as required by Section 5.32.170.

D. The applicant and the prospective on-site manager, if other than the applicant, shall provide the city with the authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by applicant and to determine whether applicant is qualified pursuant to this chapter to receive the requested firearms dealer establishment permit.

E. The applicant and the prospective on-site manager, if other than the applicant, shall date and sign the application under penalty of perjury that the information contained in the application is true and correct.

F. The applicant's agreement to indemnify, defend and hold harmless the city, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pertaining to the operation of the business, including attorneys fees, arising in any manner out of the negligence or intentional or willful misconduct of the applicant, or the applicant's officers, employees, agents and/or supervisors.

G. The applicant shall pay an application deposit fee of two hundred dollars at the time of filing an application pursuant to this chapter to pay for the administrative costs associated with the city's review of the application, fingerprinting costs and background investigation costs of the police department. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

(Ord. 516 § 2, 1999)

A. All applications shall be submitted to the city planner.

B. Upon receipt of an application and payment of the nonrefundable application fee, the city planner shall immediately stamp the application as received on that date.

C. The applicant shall pay an application deposit fee of two hundred dollars at the time of filing an application pursuant to this chapter to pay for the administrative costs associated with the city's review of the application, fingerprinting costs and background investigation costs of the police department. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the application may proceed. Any unused portion of the deposit shall be refunded to the applicant.

D. The application will not be processed unless the application fee is submitted with the respective application.

E. Not later than thirty days after the city planner has received the application, the city planner shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant.

F. In the event the determination is made that the application is not complete, then the written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they may be made complete.

G. If the written determination is not made within thirty days after receipt of the application, the application shall be deemed complete for purposes of this chapter.

H. After the application has been deemed complete, the application shall be submitted to the police department and the city planner and divisions thereof for their respective review and investigation to determine the accuracy of the information contained in the application and compliance with all applicable regulations.

I. Each department or division identified in this section shall submit their comments regarding their respective review and investigation of the subject application to the city manager or his or her designee.

J. The city manager, or his or her designee, shall grant or deny an application within sixty business days of receipt of a complete application.

K. Upon the expiration of the sixtieth day, unless the city manager, or his or her designee, has provided written notice to the applicant, the application shall be deemed granted and the applicant shall be excused from the requirement that a duly issued permit be posted at the premises until such time as said permit is issued pursuant to this chapter.

(Ord. 516 § 2, 1999; Ord. 554 § 1, 2001)

A. An application for a firearms dealer permit shall be denied upon a showing of any of the following:

1. The location of the business does not comply with all applicable zoning laws and the provisions of Section 5.32.040 of this chapter.

2. The applicant has not provided evidence of a valid federal firearms license.

3. The applicant has not provided evidence of a valid California firearms dealers license;

4. The applicant has not provided evidence of a valid seller's permit issued by the State of California Board of Equalization;

5. The applicant has not provided evidence of a valid certificate of eligibility issued by the California Department of Justice;

6. The applicant has not provided evidence of an insurance policy that complies with Section 5.32.170;

7. The configuration and/or proposed or actual construction of the premises, as set out in the sketch or plan submitted with the application, reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the federal government, state of California, county of Riverside or ordinance of the city, including those set forth in this chapter.

8. The applicant, or the proposed on-site manager, if other than the applicant, is not twenty-one years of age or older.

9. The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for permit or in any other document submitted to the city pursuant to this chapter. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years.

10. The applicant or prospective on-site manager, if other than the applicant, has had a previous firearms dealer establishment permit or any other similar permit denied, suspended or revoked within the immediately preceding five years.

11. The applicant or prospective on-site manager, if other than the applicant, was a sole proprietor, general partner, officer, or director of a firearms dealer establishment that had a firearms dealer establishment permit or other firearms dealer establishment permit denied, suspended or revoked within the immediately preceding five years.

12. The applicant or prospective on-site manager, if other than the applicant, has been convicted of a felony under the laws of the United States, the state of California, or any other state, government, or country.

13. The applicant or prospective on-site manager, if other than the applicant, has been convicted of at least one of the following misdemeanor offenses:

a. Manufacturing, importing, selling, intending to sell or otherwise giving, lending or possessing a gun, firearm or other weapon or ammunition in violation of California Penal Code Section 12020;

b. Threatening a public officer, employee or school official to do or refrain from doing any act in the performance of an official duty by means of a threat to inflict unlawful injury to person or property in violation of California Penal Code Section 71;

c. Threatening the life of or serious bodily harm to certain elected and other public officials in violation of California Penal Code Section 140;

d. Removing or taking or attempting to remove or take a firearm from a public officer or police officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 148;

e. Bringing or possessing a prohibited weapon or firearm in a state or local public building in violation of California Penal Code Section 171b;

f. Bringing or possessing a loaded firearm within the state capitol or legislative office in violation of California Penal Code Section 171c;

g. Bringing or possessing a loaded firearm within the governor's mansion or residence of a constitutional officer in violation of California Penal Code Section 171d;

h. Supplying, selling, or giving possession of a firearm to a person who then uses the firearm in commission of a felony while actively participating in a criminal street gang in violation of California Penal Code Section 186.28;

i. Assault against a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 241;

j. Battery against a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 243;

k. Assault with a stun gun or taser in violation of California Penal Code Section 244.5;

l. Assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury in violation of California Penal Code Section 245;

m. Assault upon a school employee with a deadly weapon or instrument or by any means of force likely to produce great bodily injury or with a stun gun or taser while he or she is engaged in the performance of his or her official duty in violation of California Penal Code Section 245.5;

n. Shooting at an inhabited dwelling house or at an occupied building, motor vehicle, aircraft or camper in violation of California Penal Code Section 246;

o. Willfully discharging a weapon in a grossly negligent manner in violation of California Penal Code Section 246.3;

p. Discharging a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house in violation of California Penal Code Section 247;

q. A misdemeanor offense for willful infliction of corporal injury in violation of Penal Code Section 273.5;

r. A misdemeanor offense for intentionally and knowingly violating a court-issued protective order;

s. A misdemeanor offense involving drawing, exhibiting, or using a firearm in a rude, angry or threatening manner or in any other unlawfully manner in any fight or quarrel in violation of California Penal Code Section 417;

t. A misdemeanor offense for drawing or exhibiting an imitation firearm in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm in violation of California Penal Code Section 417.4;

u. A misdemeanor offense for possessing a firearm in a school zone or for discharging or attempting to discharge a firearm in a school zone in violation of California Penal Code Section 626.9;

v. A misdemeanor offense for stalking in violation of California Penal Code Section 646.9;

w. A misdemeanor offense for manufacturing or causing to be manufactured, importing, keeping for sale, or offering or exposing for sale or giving, lending or possessing or concealing a prohibited weapon or firearm in violation of California Penal Code Section 12020;

x. A misdemeanor offense for advertising the sale of a prohibited weapon or device in violation of California Penal Code Section 12020.5;

y. The applicant has not been convicted in any other state of a misdemeanor offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in this section.

14. The applicant or prospective on-site manager, if other than the applicant, has been held liable for a civil fine resulting from the purchase, sale, manufacture, shipment, transport, distribution or receipt by mail or any other manner of an imitation firearm as defined by California Penal Code Section 417.2.

15. The applicant or prospective on-site manager, if other than the applicant, is not an unlawful user of a controlled substance as defined by the California Health and Safety Code.

16. The applicant or prospective on-site manager, if other than the applicant, is prohibited to have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive any firearms whatsoever pursuant to Sections 8100 or 8103 of the California Welfare and Institutions Code.

17. The applicant or prospective on-site manager, if other than the applicant, has been convicted within the previous five years of the date of receipt of the complete application of any offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code.

B. The real property owner has not authorized the use of the premises as a firearms dealer establishment.

C. The applicant does not have a possessory or leasehold interest in the real property upon which the proposed firearms dealer establishment will be operated.

D. The applicant refuses to agree, in writing, to indemnify, defend and hold harmless the city, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pertaining to the operation of the business, including attorneys fees, arising in any manner out of the negligence or intentional or willful misconduct of the applicant, or the applicant's officers, employees, agents and/or supervisors.

E. The applicant fails to obtain appropriate insurance.

F. If the city manager, or his or her designee denies the application, he or she shall notify the applicant of the denial in writing and state the reason(s) for the denial.

G. Any subsequent information submitted to cure the grounds of a denied application shall be treated as a new application.

(Ord. 516 § 2, 1999)

A. An applicant may contest the denial of an application or the denial of a permit renewal for any permit described in this chapter by filing an appeal to the city council that conforms to the following requirements:

1. All appeals shall be in writing and shall contain the following information: (a) name(s) of the person filing appeal ("appellants"), (b) a brief statement in ordinary and concise language of the relief sought and the reasons why the permit should be issued, and (c) the signatures of all parties named as appellants and their mailing addresses.

2. Any appeal filed that fails to provide all of the information required by this section shall be deemed incomplete.

3. A complete and proper appeal of a denial of a permit application shall be filed with the city clerk within ten calendar days of service of the letter denying the application.

4. Any appeal not timely filed shall be rejected.

5. A filing fee as established by city council resolution or any amendments thereto for an appeal must be paid to the city at or prior to the time of the filing of the appeal.

6. Any appeal of a denial of a permit application filed without payment of the filing fee shall be deemed incomplete.

7. Not later than ten calendar days from the date the appeal is filed, the city clerk or his or her designee shall determine whether the appeal is complete.

8. If the appeal is determined to be incomplete, the city clerk or his or her designee shall immediately mail to the appellant a notice of incomplete filing which shall provide a written explanation of each reason why the appeal has been determined to be incomplete.

9. If service of the notice of incomplete filing is completed within ten calendar days from the date the appeal is filed, the ten calendar days time period within which to file a completed appeal shall not be extended.

B. Failure to timely and properly file an appeal shall constitute a waiver of all rights to an appeal hearing.

C. As soon as practicable, after receiving the written appeal, the city clerk shall schedule a public hearing before the city council at the next regularly scheduled city council meeting for which there is sufficient time to have the matter properly noticed.

D. As soon as practicable, after scheduling the appeals hearing, the city clerk shall prepare a notice of appeals hearing ("hearing notice") which shall be in substantially the same form as follows:

You are hereby notified that a hearing will be held before the City Council at __________________ on the _____ day of ________________, ______, at the hour of ________, to hear your appeal of the City Man-ager's denial of your firearms dealer establishment permit application. You may be present at the hearing. You may be, but need not be, represented by an attorney. You may present any relevant evidence at the hearing.

E. In addition to any other public hearing notice requirements as may be required by any applicable law, the city clerk or his or her designee shall cause a copy of said notice to be provided to the appellant at least ten days prior to the public hearing date either by causing a copy of said notice to be delivered to the appellant personally or by causing a copy of said notice to be delivered by certified mail, postage prepaid, return receipt requested, and addressed to the appellant at the address shown on the appeal.

F. Proof of service of the hearing notice shall be certified at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the date and manner in which service was made.

G. The declaration pertaining to the proof of service shall be affixed to a copy of the hearing notice.

H. The city clerk shall cause a copy of the hearing notice to be provided to the city manager or his or her designee.

I. The city manager or his or her designee shall prepare an appeal hearing packet for the city council to review prior to the hearing.

J. The appeal hearing packet shall include a copy of the city manager's decision, a staff report, and any other relevant evidence.

K. The city council shall review all relevant evidence and hear all relevant oral testimony submitted by, for and against the appellant and the appellant shall be provided with a reasonable opportunity to be heard on the matter at the public hearing.

L. The city council shall consider at the appeal hearing only those matters or issues which were specifically raised by the appellant in his or her written appeal and which are relevant to the issues of the hearing.

M. The city council has the authority to determine the relevance of any evidence to the hearing.

N. The city council has the authority to exclude unduly repetitious and cumulative evidence, regardless of its relevancy.

O. The city council shall not have the authority to waive any requirements of this code and/or any applicable statutes, rules, codes or regulations.

P. If the appellant fails to attend the scheduled appeal hearing, the appeal hearing shall proceed without the appellant and the appellant shall be deemed to have waived his or her rights to be orally heard at the hearing.

Q. The city council may take the following actions:

1. Reject the city manager's findings and determinations based upon the conclusion that the city manager misapplied the provisions of this chapter and reverse the city manager's decision;

2. Modify the city manager's findings and determinations to conform with the application of the provisions of this chapter and reverse or affirm the city manager's decision;

3. Accept the city manager's findings and determinations on the grounds that the city manager properly applied the provisions of this chapter to the subject situation and affirm the city manager's decision; or

4. Remand the matter to the city manager with instructions to reconsider the application in light of new information presented to the city council prior to or at the public hearing.

R. The city council shall prepare and serve a written notice of decision upon the appellant and the city manager within thirty calendar days from the date the hearing is deemed closed.

S. The notice of decision shall state whether the city manager's decision has been either upheld, in full or in part, or rescinded, in full or in part.

T. The notice of decision shall also contain a brief summary of the evidence considered, findings of fact, and the effective date of the decision.

U. The city clerk shall cause a copy of the notice of decision to be provided to the appellant by causing a copy of said notice to be delivered to the appellant personally or by causing a copy of said notice to be delivered to the appellant by certified mail, postage prepaid, return receipt requested, and addressed to the address shown on the application.

V. Proof of service of the notice of decision shall be certified at the time of service by a written declaration under penalty of perjury executed by the person effecting service, declaring the date and manner in which service was made.

W. The declaration regarding the notice of decision shall be affixed to a copy of the notice.

X. The decision of the city council shall be final.

(Ord. 516 § 2, 1999)

A. The city manager or his or her designee shall issue the permit if there are no grounds to deny the permit as set forth in Section 5.32.120.

B. Any permit issued pursuant to this chapter shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the permit by the city manager or his or her designee:

1. The business shall be carried on only in the building located at the street address shown on the permit.

2. The permittee shall comply with Sections 12071, 12073, 12074, 12076, 12077 and 12082 and subdivision (b) of Section 12072 of the California Penal Code to the extent that those provisions remain in effect. Any permit issued pursuant to this chapter shall be subject to such additional conditions as the city manager or his or her designee finds are reasonably related to the purpose of this chapter.

(Ord. 516 § 2, 1999; Ord. 562 § 1, 2002)

A. The following information and the following documents must be submitted by the applicant or permittee to the city for every employee of the subject firearms dealer establishment.

1. The employee or prospective employee's legal name, any aliases, and date of birth.

2. The employee or prospective employee's home and/or business address.

3. A recent photograph of the employee or prospective employee.

4. The employee or prospective employee's drivers license or permit numbers or identification numbers.

5. The employee or prospective employee's fingerprints taken by the police department or other law enforcement agency approved by the police chief.

6. The employee or prospective employee's social security number and/or state or federally issued tax identification number.

7. The previous addresses of the employee or prospective employee for the ten years prior to the date of the application and the dates of residency at each such address.

8. A list of all employee or prospective employee's convictions, excluding traffic violations.

9. A declaration signed under penalty of perjury by the employee or prospective employee that provides that the declarant has not been convicted of a felony under the laws of the United States, the state of California, or any other state, government, or country.

10. A declaration signed under penalty of perjury by the employee or prospective employee that provides that the declarant has not been convicted of any of the following misdemeanor offenses.

a. Manufacturing, importing, selling, intending to sell or otherwise giving, lending or possessing a gun, firearm or other weapon or ammunition in violation of California Penal Code Section 12020.

b. Threatening a public officer, employee or school official to do or refrain from doing any act in the performance of an official duty by means of a threat to inflict unlawful injury to person or property in violation of California Penal Code Section 71.

c. Threatening the life of or serious bodily harm to certain elected and other public officials in violation of California Penal Code Section 140.

d. Removing or taking or attempting to remove or take a firearm from a public officer or police officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 148.

e. Bringing or possessing a prohibited weapon or firearm in a state or local public building in violation of California Penal Code Section 171b.

f. Bringing or possessing a loaded firearm within the state capitol or legislative office in violation of California Penal Code Section 171c.

g. Bringing or possessing a loaded firearm within the governor's mansion or residence of a constitutional officer in violation of California Penal Code Section 171d.

h. Supplying, selling, or giving possession of a firearm to a person who then uses the firearm in commission of a felony while actively participating in a criminal street gang in violation of California Penal Code Section 186.28.

i. Assaulting a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 241.

j. Battery against a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 243.

k. Assault with a stun gun or taser in violation of California Penal Code Section 244.5.

l. Assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury in violation of California Penal Code Section 245.

m. Assault upon a school employee with a deadly weapon or instrument or by any means of force likely to produce great bodily injury or with a stun gun or taser while he or she is engaged in the performance of his or her official duty in violation of California Penal Code Section 245.5.

n. Shooting at an inhabited dwelling house or at an occupied building, motor vehicle, aircraft or camper in violation of California Penal Code Section 246.

o. Willfully discharging a weapon in a grossly negligent manner in violation of California Penal Code Section 246.3.

p. Discharging a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house in violation of California Penal Code Section 247.

q. Willful infliction of corporal injury in violation of Penal Code Section 273.5.

r. Intentionally and knowingly violating a court-issued protective order.

s. Drawing, exhibiting, or using a firearm in a rude, angry or threatening manner or in any other unlawfully manner in any fight or quarrel in violation of California Penal Code Section 417.

t. Drawing or exhibiting an imitation firearm in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm in violation of California Penal Code Section 417.4.

u. Possessing a firearm in a school zone or for discharging or attempting to discharge a firearm in a school zone in violation of California Penal Code Section 626.9.

v. Stalking in violation of California Penal Code Section 646.9.

w. Manufacturing or causing to be manufactured, importing, keeping for sale, or offering or exposing for sale or giving, lending or possessing or concealing a prohibited weapon or firearm in violation of California Penal Code Section 12020.

x. Advertising the sale of a prohibited weapon or device in violation of California Penal Code Section 12020.5.

11. A declaration signed under penalty of perjury by the employee or prospective employee that provides that the declarant has not been convicted of any offense in any other state which, if committed or attempted in this state, would have been punishable as one or more of the misdemeanor offenses set forth in this section.

12. A declaration signed under penalty of perjury by the employee or prospective employee that provides that the declarant has not been liable for a civil fine resulting from the purchase, sale, manufacture, shipment, transport, distribution or receipt by mail or any other manner of an imitation firearm as defined by California Penal Code Section 417.2.

13. A declaration signed under penalty of perjury by the employee or prospective employee that provides that the declarant is not an unlawful user of a controlled substance as defined by the California Health and Safety Code.

14. A declaration signed under penalty of perjury by the employee or prospective employee regarding whether the declarant is prohibited to have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever, pursuant to Sections 8100 or 8103 of the California Welfare and Institutions Code.

15. A declaration signed under penalty of perjury by the employee or prospective employee regarding whether the declarant has been convicted within the previous five years of any offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code.

16. The employee's or prospective employee's written authorization to conduct the necessary background investigations to determine the truthfulness and correctness of the information provided by employee or prospective employee.

17. The employee or prospective employee shall date and sign the submission of all of the information set forth herein under penalty of perjury that the information submitted is true and correct.

18. The applicant/permittee shall pay an employee processing deposit fee of fifty dollars for each employee or prospective employee at the time of submitting the above employee information to pay for the administrative costs associated with the city's review of the employee information, fingerprinting costs and background investigation costs of the police department. If additional funds are necessary to cover the above costs, the permittee shall pay such additional costs to the city before further processing of the employees background check may proceed. Any unused portion of the deposit shall be refunded to the applicant/permittee.

B. The information set forth in this section shall be submitted to the city on an annual basis pursuant to the same provisions set forth in this section.

C. No permittee shall employ any person who will have access to or control over any firearms at the firearms dealer establishment under any of the following circumstances:

1. The person fails to submit the information set forth in this section.

2. The person submits false employee information.

3. The person has been convicted of any of the enumerated felony or misdemeanor offenses described in this section.

4. The person has been held liable for a civil fine resulting from the purchase, sale, manufacture, shipment, transport, distribution or receipt by mail or any other manner of an imitation firearm as described in this section.

5. The person is an unlawful user of a controlled substance as defined by the California Health and Safety Code.

6. The person is prohibited to have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever, pursuant to Sections 8100 or 8103 of the California Welfare and Institutions Code.

7. The person has been convicted within the previous five years of any offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code.

(Ord. 516 § 2, 1999)

During the duration of the permit, the permittee shall promptly update, correct or supplement the information contained in its application on file with the city as necessary to keep the information contained therein current and accurate.

(Ord. 516 § 2, 1999)

A. All permits shall expire one calendar year from the date they are issued.

B. A permit may be renewed for additional one-year periods if the permittee submits a completed application for renewal no later than sixty days prior to the expiration of the current permit.

C. Any permit renewal must be accompanied by a nonrefundable renewal fee of two hundred dollars to pay for the administrative costs associated with the city's review of the application, fingerprinting costs and background investigation costs of the police department. If additional funds are necessary to cover the above costs, the applicant shall pay such additional costs to the city before further processing of the renewal may proceed.

(Ord. 516 § 2, 1999)

A. During the entire term of a firearms establishment permit, permittee shall maintain an effective policy of insurance in a form approved by the city attorney and issued by an insurance company approved by the city manager, or his or her designee, insuring the permittee 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 any other operations of the business.

B. The liability insurance policy shall name the city, its officers, employees and agents as additional insureds.

C. The limits of liability shall not be less than one million dollars for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability may be required by the city manager if deemed necessary.

D. The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until written notice has been given to the city attorney at least thirty days prior to the time the cancellation becomes effective.

E. Upon expiration of the policy of insurance, and if no additional insurance is obtained, the firearms dealer establishment permit is deemed revoked.

(Ord. 516 § 2, 1999)

A. The permittee shall permit representatives of the city, including, but not limited to, the police department to inspect the premises of a firearms dealer establishment for the purpose of insuring compliance with the law at any time it is occupied or open for business.

B. All permittees shall maintain all records, documents, and firearms in a manner and place accessible for inspection by police department personnel.

(Ord. 516 § 2, 1999)

All off-street parking provided for, and entrances to and exits from, the firearms dealer establishment shall be illuminated from dusk to closing hours with a lighting system which provides an average maintained horizontal illumination of one foot candle of light on the parking surface and walkways.

(Ord. 516 § 2, 1999)

A. The permittee shall provide a surveillance system that visually records and monitors all off-street parking areas provided to, and entrances to and exits from, the firearms dealer establishment during all times that the business is open or occupied for business.

B. The surveillance system shall provide continuous recording for at least a twenty-four-hour period, with all recordings maintained for a minimum of seventy-two hours.

C. Immediately upon request, the surveillance recordings for all or any portion of the previous seventy-two-hour period shall be made available to any representative of the police department or other law enforcement agency authorized by the police chief.

D. Any surveillance recordings provided to the police department shall be used only for purposes of investigating an alleged violation of a local, state or federal law, or for enforcement thereof.

(Ord. 516 § 2, 1999)

A. A recognizable and readable sign shall be posted at the main entrance of the firearms dealer establishment identifying the name of the firearms dealer establishment, and such sign shall comply with the sign regulations of the city.

B. A recognizable and readable sign shall be posted at the main entrance of the firearms dealer establishment identifying the hours of operation of the firearms dealer establishment.

C. Signs shall be posted in the parking area, near the entrance of the premises, and at a conspicuous location inside the firearms dealer establishment in such a manner as to notify the public that the exterior of the establishment is subject to recorded surveillance in cooperation with the police department.

D. A sign indicating that minors are prohibited from entering the premises unless accompanied by a parent or legal guardian shall be posted at main entrance of the firearms dealer establishment at which the principal business is firearm sales activity.

(Ord. 516 § 2, 1999)

An unobstructed view of the reception area shall be provided from the exterior of the building in which the firearms dealer establishment is situated.

(Ord. 516 § 2, 1999)

The firearms dealer establishment permit shall be posted in a conspicuous place on the premises within the reception area.

(Ord. 516 § 2, 1999)

At least one artificial light providing a lighting intensity of not less than thirty footcandle power at floor level shall be installed in the reception area.

(Ord. 516 § 2, 1999)

A. Firearms dealer establishments are prohibited from operating between the hours of nine p.m. and seven-thirty a.m.

B. Permittees shall be prohibited from permitting clients to remain on the premises of the firearms dealer after closing hours.

(Ord. 516 § 2, 1999)

A. Every firearm that is kept in the permitted place of business shall be stored in one of the following manners:

1. In a secured facility that is part of, or that constitutes, the permittee's business premises subject to the following conditions:

a. All perimeter doorways shall conform with one of the following security standards:

i. A windowless steel security door equipped with both a dead bolt and a doorknob lock;

ii. A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door; or

iii. A metal grate that is padlocked and affixed to the permittee's premises independent of the door and door frame.

2. All windows shall be covered with steel bars;

3. Heating, ventilating, air-conditioning and service openings shall be secured with steel bars, metal grating, or an alarm system;

4. No metal grates shall have spaces larger than six inches wide measured in any direction;

5. No metal screens shall have spaces larger than three inches wide measured in any direction;

6. All steel bars shall be no further than six inches apart.

B. Secure all firearms with a hardened steel rod or cable of at least one-eighth inch in diameter through the trigger guard of the firearm in conformance with the following specifications:

1. The steel rod or cable shall be secured with a hardened steel lock that has a shackle.

2. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.

C. Store the firearm in a locked fireproof safe or vault in the permittee's business premises.

(Ord. 516 § 2, 1999)

The permittee shall not permit any person under eighteen years of age to enter or remain within the premises of a firearms establishment at which the principal business is firearm sales activity without being accompanied by his or her parent or legal guardian.

(Ord. 516 § 2, 1999)

All transfers of ownership of any business operating pursuant to a permit validly issued pursuant to this chapter shall result in the automatic termination of said permit.

(Ord. 516 § 2, 1999)

Relocation of any business operating pursuant to this chapter shall result in the automatic termination of said permit.

(Ord. 516 § 2, 1999)

Whenever a reference is made to any part of this code or to any ordinance of the city, reference applies to all amendments and additions now or hereafter made.

(Ord. 516 § 2, 1999)

A. All permittees legally permitted to engage in firearms dealer business activities on December 1, 1999, but which are in noncompliance as a result of enactment of the ordinance codified in this chapter shall be deemed legal nonconforming and shall be allowed to continue operation provided they are in compliance with all limitations and requirements of their original permit and the conditions set forth in this section.

B. The following regulations apply to each legal nonconforming use:

1. No physical change in the use is permitted other than ordinary maintenance and repair.

2. No increase or enlargement of the area, space or volume occupied and used is permitted.

3. No change in the nature or character of the nonconforming use is permitted.

C. If the nonconforming use discontinues active operation for a continuous period of one hundred twenty days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized only for uses permitted or conditionally permitted by the regulations of the applicable zoning district.

D. All permittees shall come into compliance with all licensing and operational criteria identified in this chapter by September 1, 2000.

(Ord. 516 § 2, 1999)

A. A firearms dealer permit validly issued pursuant to this chapter shall be subject to suspension or revocation for the following reasons:

1. The permittee's Federal Firearms License or California Firearms Dealers License expires or is revoked, suspended or otherwise invalidated.

2. The actual construction or configuration of the premises reveals a violation of an applicable health, fire, building, safety or zoning regulation or law of the federal government, state of California, county of Riverside or ordinance of the city, including those set forth in this chapter;

3. The permittee, or the on-site manager, if other than the permittee, or any employee is not twenty-one years of age or older;

4. The permittee submitted false information in connection with its application;

5. The permittee, or the on-site manager, if other than the permittee, or any employee is convicted of at least one of the following offenses:

a. Manufacturing, importing, selling, intending to sell or otherwise giving, lending or possessing a gun, firearm or other weapon or ammunition in violation of California Penal Code Section 12020;

b. A felony under the laws of the United States, the state of California, or any other state, government, or country;

c. A misdemeanor offense for threatening a public officer, employee or school official to do or refrain from doing any act in the performance of an official duty by means of a threat to inflict unlawful injury to person or property in violation of California Penal Code Section 71;

d. A misdemeanor offense for threatening the life of or serious bodily harm to certain elected and other public officials in violation of California Penal Code Section 140;

e. A misdemeanor offense for removing or taking or attempting to remove or take a firearm from a public officer or police officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 148;

f. A misdemeanor offense for bringing or possessing a prohibited weapon or firearm in a state or local public building in violation of California Penal Code Section 171b;

g. A misdemeanor offense for bringing or possessing a loaded firearm within the state capitol or legislative office in violation of California Penal Code Section 171c;

h. A misdemeanor offense for bringing or possessing a loaded firearm within the governor's mansion or residence of a constitutional officer in violation of California Penal Code Section 171d;

i. A misdemeanor offense for supplying, selling, or giving possession of a firearm to a person who then uses the firearm in commission of a felony while actively participating in a criminal street gang in violation of California Penal Code Section 186.28;

j. A misdemeanor offense for assault against a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 241;

k. A misdemeanor offense for battery against a peace officer, emergency personnel, process server or animal control officer who is engaged in the performance of his or her lawful duties in violation of California Penal Code Section 243;

l. A misdemeanor offense for assault with a stun gun or taser in violation of California Penal Code Section 244.5;

m. A misdemeanor offense for assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury in violation of California Penal Code Section 245;

n. A misdemeanor offense for assault upon a school employee with a deadly weapon or instrument or by any means of force likely to produce great bodily injury or with a stun gun or taser while he or she is engaged in the performance of his or her official duty in violation of California Penal Code Section 245.5;

o. A misdemeanor offense for shooting at an inhabited dwelling house or at an occupied building, motor vehicle, aircraft or camper in violation of California Penal Code Section 246;

p. A misdemeanor offense for willfully discharging a weapon in a grossly negligent manner in violation of California Penal Code Section 246.3;

q. A misdemeanor offense for discharging a firearm at an unoccupied motor vehicle or an uninhabited building or dwelling house in violation of California Penal Code Section 247;

r. A misdemeanor offense for willful infliction of corporal injury in violation of Penal Code Section 273.5;

s. A misdemeanor offense for intentionally and knowingly violating a court-issued protective order;

t. A misdemeanor offense involving drawing, exhibiting, or using a firearm in a rude, angry or threatening manner or in any other unlawful manner in any fight or quarrel in violation of California Penal Code Section 417;

u. A misdemeanor offense for drawing or exhibiting an imitation firearm in a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm in violation of California Penal Code Section 417.4;

v. A misdemeanor offense for possessing a firearm in a school zone or for discharging or attempting to discharge a firearm in a school zone in violation of California Penal Code Section 626.9;

w. A misdemeanor offense for stalking in violation of California Penal Code Section 646.9;

x. A misdemeanor offense for manufacturing or causing to be manufactured, importing, keeping for sale, or offering or exposing for sale or giving, lending or possessing or concealing a prohibited weapon or firearm in violation of California Penal Code Section 12020;

y. A misdemeanor offense for advertising the sale of a prohibited weapon or device in violation of California Penal Code Section 12020.5;

z. A misdemeanor offense committed in another state which, if committed or attempted in this state, would have been punishable as one or more of the offenses set forth in this section.

6. The permittee or on-site manager, if other than the permittee, or any employee is held liable for a civil fine resulting from the purchase, sale, manufacture, shipment, transport, distribution or receipt by mail or any other manner of an imitation firearm as defined by California Penal Code Section 417.2.

7. The permittee or on-site manager, if other than the permittee, or any employee becomes an unlawful user of a controlled substance as defined by the California Health and Safety Code.

8. The permittee or on-site manager, if other than the applicant, is prohibited to have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever, pursuant to Sections 8100 or 8103 of the California Welfare and Institutions Code.

9. The permittee or on-site manager, if other than the applicant, is convicted at any time during the term of the subject firearms dealer establishment permit for any offense involving the manufacture, sale, possession or use of a controlled substance as defined by the California Health and Safety Code.

10. The real property owner withdraws authorization to use the premises as a firearms dealer establishment.

11. The permittee loses a possessory or leasehold interest in the real property upon which the proposed firearms dealer establishment is located.

12. The permittee withdraws its obligation to indemnify, defend and hold harmless the city, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pertaining to the operation of the business, including attorneys fees, arising in any manner out of the negligence or intentional or willful misconduct of the permittee, or the permittee's officers, employees, agents and/or supervisors.

B. The permittee's required insurance expires or otherwise is invalidated and permittee does not obtain substitute insurance approved by the city.

C. If the city manager, or his or her designee denies the application, he or she shall notify the permittee of the denial in writing and state the reason(s) for the denial.

D. Permittee operates, maintains, runs or manages any firearms dealer establishment under any business name not specified in the permit.

E. Permittee transfers or assigns a permit issued pursuant to this chapter to another person or to another location such as another legal parcel or another address.

F. The permittee fails to file any of the required declarations described in Section 5.32.090 for a new on-site manager.

G. The permittee or permittee's employees refuse to permit representatives of the city, including, but not limited to, the police department, to inspect the premises of a firearms dealer pursuant to Section 5.32.180.

H. The permittee fails to comply with the following provisions:

1. The exterior lighting requirements set forth in Section 5.32.190;

2. The exterior surveillance requirements set forth in Section 5.32.200;

3. The exterior signage requirements set forth in Section 5.32.210;

4. The exterior view requirements set forth in Section 5.32.220;

5. The posting requirements set forth in Section 5.32.230;

6. The hours of operation requirements set forth in Section 5.32.250;

7. The on-site security requirements set forth in Section 5.32.260;

8. The liability insurance requirements set forth in Section 5.32.170.

I. Permittee employs a person who has access to or control over any firearms at the firearms dealer establishment and that person has: (1) failed to submit the information set forth in Section 5.32.110, (2) submitted false employee information, (3) been convicted of any of the enumerated felony or misdemeanor offenses described in Section 5.32.110, (4) been held liable for a civil fine resulting from the purchase, sale, manufacture, shipment, transport, distribution or receipt by mail or any other manner of an imitation firearm as described in Section 5.32.110, or (5) is an unlawful user of a controlled substance as defined by the California Health and Safety Code.

J. Revocation or suspension of any permit validly issued pursuant to this chapter shall be accomplished pursuant to the procedures set forth in Chapter 13.150 of this code.

(Ord. 516 § 2, 1999)

A violation of sections of this chapter by any person responsible for committing, causing or maintaining such violation shall constitute a public nuisance which shall be subject to the provisions of Chapter 13.80 of this code.

(Ord. 516 § 2, 1999)

A. The city may issue an administrative citation, pursuant to Chapter 13.58 of this code, to any person responsible for committing, causing or maintaining a violation of Sections 5.32.030, 5.32.040, 5.32.130(B), 5.32.140, 5.32.150, 5.32.170, 5.32.180, 5.32.190, 5.32.200, 5.32.210, 5.32.220, 5.32.230, 5.32.240, 5.32.250, 5.32.260, 5.32.270 or 5.32.320.

B. Nothing in this section shall preclude the city from also issuing an infraction citation, as the case applies, upon the occurrence of the same subject offense on a separate day.

(Ord. 516 § 2, 1999)

Note: Former § 5.32.360, Administrative fine, adopted by Ord. 516 was repealed by Ord. 892, 10/22/2025.

Nothing in this chapter shall preclude the city from pursuing other remedies provided by Chapter 13.140 of this code, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of stop work orders and injunctive relief.

(Ord. 516 § 2, 1999)