Culver City Municipal Code Ch. 11.19 Firearms and Ammunition Retail Establishments

It is the purpose and intent of this Chapter to establish a local program for 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.

(Ord. No. 2022-010 § 1 (part))

For the purpose of this Chapter, 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.

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 one's self 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 Culver City Police Chief or the Chiefs designated representative.

(Ord. No. 2022-010 § 1 (part))

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 as set forth in Title 17.

(Ord. No. 2022-010 § 1 (part))

An Applicant for a permit or renewal of a permit under this Chapter shall file with the Police Chief 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:

A. The Applicant's name, including any aliases or prior names age and address;

B. The Applicant's federal firearms license and California firearms dealer numbers, if any;

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

D. 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;

E. 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; such information shall be kept confidential and shall not be disclosed as a public record;

F. 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 E. above, demonstrating that the person is not prohibited by state or federal law from possessing firearms or ammunition;

G. 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 written consent of the owner of record of such real property to the Applicant's proposed business;

H. A floor plan of the proposed business which illustrates the Applicant's compliance with the security provisions outlined in § 11.19.040 of this Chapter;

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

J. Information relating to 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 E., 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;

K. 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;

L. A Certificate of Insurance reflecting liability insurance and endorsement requirements in compliance with § 11.19.045 of this Chapter; and

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

(Ord. No. 2022-010 § 1 (part))

Each application for a regulatory permit shall be accompanied by a nonrefundable fee for administering this Chapter as established by City Council resolution.

(Ord. No. 2022-010 § 1 (part))

The Police Chief shall conduct an investigation of the Applicant and the Applicant's employees, agents, and/or supervisors, if any, as set forth in the subsections below, to determine, for the protection of the public health and safety, whether the regulatory permit may be issued or renewed.

A. 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 Chapter, 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.

B. Prior to issuance or renewal of the permit, the Police Chief shall inspect the premises to ensure compliance with this Chapter.

C. The Police Chief may grant or renew a regulatory permit if the Applicant or Permittee is in compliance with this Chapter and all other applicable federal, state and local laws.

(Ord. No. 2022-010 § 1 (part))

A. The Police Chief shall deny the issuance or renewal of a regulatory permit, or shall revoke an existing permit, 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 § 11.19.020E., 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 Culver City, 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 Police Chief 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 (5) years.

6. The Applicant, or any individual identified in § 11.19.020E., 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. The regulatory permit of any person or entity found to be in violation of any of the provisions of this Chapter may be revoked.

(Ord. No. 2022-010 § 1 (part))

A. If the proposed or current business location is to be used at least in part for the sale of firearms, the permitted place of business shall be a secure facility within the meaning of Cal. Penal Code § 17110.

B. If the proposed or current business location is to be used at least in part for the sale of firearms, all heating, ventilating, air-conditioning, and service openings shall be secured with steel bars or metal grating.

C. If the proposed or current business location is street level, bollards or other barriers, such as security planters or other devices with a similar structural integrity of bollards, shall be installed to protect the location's front entrance, any floor-to-ceiling windows, and any other doors, that could be breached by a vehicle. This subsection C. shall not apply to elevated loading docks or to locations of a licensee's premises that are fitted with steel rolldown doors. Any bollards shall not obstruct accessible routes or accessible means of egress in compliance with state and federal law.

D. Any time a Permittee is not open for business, every firearm shall be stored in a secure facility within the meaning of Cal. Penal Code § 17110, or in a locked fireproof safe or vault in the licensee's business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Cal. Penal Code § 23650.

E. Any time a Permittee is open for business, every firearm shall be unloaded, inaccessible to the public and secured using one of the following three (3) methods, except in the immediate presence of and under the direct supervision of an employee of the Permittee:

1. Secured within a locked case so that a customer seeking access to the firearm must ask an employee of the Permittee for assistance;

2. Secured behind a counter where only the Permittee and the Permittee's employees are allowed. During the absence of the Permittee or a Permittee's employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends from the floor or counter to the ceiling; or

3. Secured with a hardened steel rod or cable through the trigger guard of the firearm, which shall be secured with a hardened steel lock that has a shackle, and 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, or in the alternative, the firearm is secured in a equivalent manner, as approved by the Chief of Police.

F. Any time a Permittee is open for business, all ammunition shall be stored so that it is inaccessible to the public and secured using one of the methods mentioned in subsection E.1. or E.2., except in the immediate presence of and under the direct supervision of an employee of the Permittee.

G. The permitted business location shall be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to state law. The alarm system must be monitored by a central station and in compliance with Chapter 11.04 of this Code.

H. The permitted business location shall be monitored by a video surveillance system approved by the Police Chief and that includes cameras, monitors, and video recorders.

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, 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.

I. Business operating hours shall be limited to 9:00 a.m. to 10:00 p.m., seven (7) days a week.

J. The Applicant shall comply with all California laws regulating the sales of firearms and ammunition, including but not limited to Cal. Penal Code §§ 26815, 26885, 30363, 32000 and 32310.

K. The Police Chief may impose security requirements in addition to those listed in this section prior to issuance of the regulatory permit. Failure to fully comply with the requirements of this section shall be sufficient cause for denial or revocation of the regulatory permit by the Police Chief.

(Ord. No. 2022-010 § 1 (part))

A. If the proposed or current business location is to be used for the sale of firearms, no regulatory permit shall be issued or reissued unless there is in effect a policy of insurance 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 be revoked.

(Ord. No. 2022-010 § 1 (part))

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

1. Any person under twenty-one (21) years of age, if the Permittee sells, keeps or displays only 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 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 his or her 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 subsection A. 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 his or her 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 his or her 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.

(Ord. No. 2022-010 § 1 (part))

A. Within the first ten (10) business days of April and October of each year, the Permittee shall cause a physical inventory to be taken that includes a listing of each firearm held by the Permittee by make, model, and serial number, together with a listing of each firearm the Permittee has sold since the last inventory period. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Cal. Penal Code § 26885.

B. Immediately upon completion of the inventory, the Permittee shall forward a copy of the inventory to the address specified by the Police Chief, by such means as specified by the Police Chief. With each copy of the inventory, the Permittee shall include an affidavit signed by an authorized agent or employee on behalf of the Permittee under penalty of perjury stating that within the first ten (10) business days of that April or October, as the case may be, the signer confirmed that the inventory was conducted by the signer, or by store personnel under the supervision of the signer, and to the best of their knowledge, the inventory is true and correct.

C. The Permittee shall maintain a copy of the inventory on the premises for which the regulatory permit was issued for a period of not less than five (5) years from the date of the inventory and shall make the copy available for inspection by federal, state or local law enforcement upon request.

(Ord. No. 2022-010 § 1 (part))

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.

(Ord. No. 2022-010 § 1 (part))

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 established by City Council resolution. 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 Chapter. Police Department personnel, at the direction of the Chief, shall inspect the permitted business premises for compliance with this Chapter prior to renewal of the permit. The renewal application and the renewal fee must be received by the Police Department no later than forty-five (45) days before the expiration of the current permit.

C. A decision regarding issuance, renewal, or revocation of the regulatory permit may be appealed in the manner provided in § 11.19.100.

(Ord. No. 2022-010 § 1 (part))

A regulatory permit issued under this Chapter is not assignable. Any attempt to assign a regulatory permit shall result in revocation of the permit.

(Ord. No. 2022-010 § 1 (part))

A person engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition on the effective date of this Chapter shall, within one hundred eighty (180) days of the effective date, comply with this Chapter. However, any person whose business, on the effective date of this Chapter, is located in any location that makes them ineligible to obtain a Conditional Use Permit, or, any person whose business, on the effective date of this Chapter, has legally operated continuously in the City beginning prior to the date that a Conditional Use Permit was required by the City's Zoning Code, is eligible to apply for a regulatory permit, provided that they comply with all other applicable provisions of this Code.

(Ord. No. 2022-010 § 1 (part))

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 without notice to assess the Permittee's compliance with this Chapter. 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 no more than two (2) inspections of a single place of business during any six (6) month period; except that the Police Chief may conduct follow-up inspections that exceed two (2) in a six (6) month period if he or she 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.

(Ord. No. 2022-010 § 1 (part))

(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 warnings in 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."

B. Within the licensed premises, a Permittee shall post the suicide prevention signage as required by § 13.03.225 of this Code.

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

D. If a Permittee sells, keeps or displays only 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."

E. If a Permittee 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.

F. 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."

(Ord. No. 2022-010 § 1 (part))

The Police Chief may revoke the permit of any Permittee found to be in violation of any of the provisions of this Chapter. In addition to any other penalty or remedy as set forth in this Code, the City Attorney may commence a civil action to seek enforcement of these provisions.

(Ord. No. 2022-010 § 1 (part))

In addition to any other penalty or remedy, the City Attorney shall report any person or entity whose regulatory permit is revoked pursuant to this Chapter to the Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol, Tobacco, Firearms & Explosives within the U.S. Department of Justice.

(Ord. No. 2022-010 § 1 (part))

A. Within ten (10) days of the Police Chief mailing a written denial of an application or mailing a written revocation of a permit, the Applicant may appeal by requesting a hearing before the Police Chief. The request must be made in writing, setting forth the specific grounds for appeal. If the Applicant submits a timely request for an appeal, the Police Chief shall within thirty (30) days of receipt of the request set a time and place for the hearing.

B. Appeal hearings are informal, and formal rules of evidence and discovery shall not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.

C. The City bears the burden of proof to establish the grounds for denial, nonrenewal, or revocation by a preponderance of evidence.

D. The Police Chief shall provide a written decision regarding the appeal within fourteen (14) calendar days of the hearing. The decision of the Police Chief is final and conclusive. The written final decision shall also contain the following statement: "The decision of the Police Chief is final and binding. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure § 1094.6."

(Ord. No. 2022-010 § 1 (part))

A. The City Manager is authorized to establish any additional rules, regulations and standards 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 regulations promulgated by the City Manager pursuant to this Section shall be provided to each firearms 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. Regulations promulgated by the City Manager 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.

(Ord. No. 2022-010 § 1 (part))