El Cerrito Municipal Code Ch. 6.70 Permits to Sell Firearms

The city adopts in whole provisions identical to those of Sections 12070 through 12084 of the state Penal Code, as though fully set forth herein.

(Ord. 92-15 Div. 1 (part), 1992.)

A. Any person engaged in the business of selling, transferring, leasing or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease, any firearm must be licensed by the city to do so.

B. Such license shall consist of a permit issued by the police chief after a determination by the police chief that the applicant meets the standards for obtaining a permit based on the criteria contained herein.

C. A person shall not be deemed licensed to sell firearms until that person has obtained both the permit from the police chief and the use permit for the business site from the city planning commission.

(Ord. 92-15 Div. 1 (part), 1992.)

An applicant for a permit from the police chief under this chapter, or an applicant for renewal of a permit from the police chief under this chapter, shall file with the police chief an application in writing, on a form to be furnished by the city. The applicant shall provide all information requested, including proof of compliance with all applicable federal, state and local laws. The application for issuance or renewal of a permit from the police chief shall be accompanied by a nonrefundable fee set forth in the city's master fee schedule.

(Ord. 92-15 Div. 1 (part), 1992.)

The police chief shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The police chief may require an applicant, or any officer, agent or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the police chief, and any other additional information which the police chief deems necessary to complete the investigation.

(Ord. 92-15 Div. 1 (part), 1992.)

The police chief shall issue a permit unless he/she finds one or more of the following:

A. The applicant, or an officer, employee or agent thereof, is under the age of twenty-one years;

B. The applicant is not licensed as required by all applicable federal or state laws, or the applicant's inventory does not conform to the type of federal or state firearms permit issued to the applicant;

C. The applicant, or an officer, employee or agent thereof, has had similar type permit previously revoked or denied for good cause within the immediately preceding year;

D. The applicant, or an officer, employee or agent thereof, has knowingly made any false or misleading statement of a material fact in the application for a permit;

E. The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his/her identity, or any other information required by the police chief to complete his/her investigation.;

F. The applicant, or an officer, employee or agent thereof, has been convicted of:

1. Any offense so as to disqualify the applicant, or an officer, employee or agent thereof, from owning or possessing a firearm under applicable federal, state and local laws,

2. Any offense relating the manufacture, sale, possession, use or registration of any firearm or dangerous or deadly weapon,

3. Any offense involving the use of force or violence upon the person of another,

4. Any offense involving theft, fraud, dishonesty or deceit,

5. Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by the state Health and Safety Code;

G. The applicant, or any officer, employee or agent thereof, is an unlawful user of any controlled substance as defined by the state Health and Safety Code, or is an excessive user of alcohol, to the extent that such use would impair his fitness to be a dealer in firearms;

H. The applicant, or an officer, employee or agent thereof, has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which would impair his/her fitness to be a dealer in firearms.

(Ord. 92-15 Div. 1 (part), 1992.)

A. Any person whose application for a permit has been denied by the police chief shall have the right to a hearing before the police chief prior to the final denial of the permit.

B. The police chief shall give the applicant written notice of his/her intent to deny the application. The notice shall set forth the grounds for the police chief's intent to deny the application, and shall inform the applicant that he/she has ten days from the date of mailing of the notice to file a written request for a hearing.

C. Within ten days of mailing of the written notice by the police chief of his/her intent to deny the application, the applicant may appeal by requesting a hearing before the police chief. Such a request must be made in writing and must set forth the specific grounds for the appeal. If the applicant files a timely request for a hearing, the police chief shall set a time and place for the hearing within ten days thereafter. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to the represented by counsel, and to confront and cross-examine any witness against them. The decision of the police chief to deny the application shall be in writing and shall be rendered within one week of the hearing.

D. An applicant may appeal the police chief's denial of a permit to the council by filing a written appeal with the city clerk within ten days after the decision by the police chief. The written appeal shall state the reasons for the appeal and shall be accompanied by the applicable fee for appeals to the council as established in the city's master fee schedule.

(Ord. 92-15 Div. 1 (part), 1992.)

The permit issued by the police chief shall contain the following terms and conditions:

A. The permittee shall conduct business only in the premises designated in the police chief permit and planning commission use permit. This requirement, however, shall not prohibit the permittee from participating in gun shows or events which are specifically authorized by federal and state law upon compliance with federal and state law.

B. The permit issued by the police chief, or a copy thereof, certified by the police chief, shall be displayed on the premises and at gun shows where it can be easily seen.

C. No firearms shall be delivered:

1. Within fifteen days of the application for the purchase, or within fifteen days after submitting corrected copies of the register or any fee required by state Penal Code Section 12076;

2. Unless unloaded and securely wrapped or in locked container which is fully enclosed and securely locked by a padlock or similar locking device as required by state Penal Code Section 12026.1;

3. Unless the purchaser either is personally known to the permittee or presents clear evidence of his or her identity. Such evidence of identity may include a driver's license, state identification card, an armed forces I.D. card with the purchaser's signature and photograph, or similar documentation providing reasonable assurance of the purchaser's identity. No such documentation shall be accepted, however, unless it contains the purchaser's signature and photograph;

4. If the dealer is notified by the State Department of Justice that a purchaser is in a prohibited class described in state Penal Code Sections 12021 or 12021.1 or state Welfare and Institutions Code Sections 8100 or 8103.

D. No pistol, revolver or other firearm capable of being concealed upon the person or imitation thereof, or placard advertising their sale or other transfer, shall be displayed in any part of the premises where it can easily be seen from the outside.

E. Permittees shall agree to property and promptly process transfers of firearms pursuant to state Penal Code Section 12082.

F. Permittee shall keep a register of sales as required by state Penal Code Sections 12073 and 12077.

G. Permittee shall not sell, deliver or transfer any pistol, revolver, or other firearm capable of being concealed upon the person to any person under twenty-one years of age or any other firearm to any person under eighteen years of age.

H. The permittee shall post conspicuously within the licensed premises the following warning in block letters not less than three inches in height:

IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD, YOU MAY BE FINED OR IMPRISONED OR BOTH IF THE CHILD GAINS ACCESS TO AND IMPROPERLY USES THE FIREARM.

I. Commencing July 1, 1993, no pistols, revolvers or firearms capable of being concealed upon the person shall be delivered unless the purchaser or transferee presents to the permittee a basic firearm safety certificate.

J. The permittee shall offer to provide the purchaser or transferee of a firearm with a copy of the pamphlet described in state Penal Code Section 12080 (California Firearms Law) and may add the cost of the pamphlet to the sales price of the firearm.

(Ord. 92-15 Div. 1 (part), 1992.)

When the applicant has obtained a police chief permit, the applicant shall apply to the city planning department for a planning commission use permit. The applicant shall provide all information requested by the planning department. The application shall be accompanied by the nonrefundable fee set forth in the city's master fee schedule.

(Ord. 92-15 Div. 1 (part), 1992.)

No application for a use permit shall be processed until the applicant provides proof satisfactory to the city planning department that the applicant, officer, employee or agent thereof has a possessory interest in the property at which the proposed business will be conducted.

(Ord. 92-15 Div. 1 (part), 1992.)

No use permit may issue for any location which is:

A. Within any residential zoning district;

B. Within any zoning district in which retail service is not a permitted or conditional use;

C. Within one thousand feet of the exterior limits of a dealer in firearms, a massage parlor or an adult entertainment establishment, except this subsection shall not apply to any dealer in firearms who is duly licensed by the state or federal governments and is operating and in business at such location more than two weeks prior to the date that the ordinance codified in this chapter is enacted;

D. Within two hundred fifty feet of the exterior limits of any premises occupied by a public or private day care center or day care home, elementary school, junior high or high school, except this subsection shall not apply to any dealer in firearms who is duly licensed by the state or federal governments and is operating and in business at such location more than two weeks prior to the date that the ordinance codified in this chapter is enacted.

(Ord. 92-15 Div. 1 (part), 1992.)

All use permits approved by the city planning commission shall explicitly contain all of the following terms and conditions:

A. The possession of a valid police chief permit;

B. The possession of all licenses and permits required by federal or state laws;

C. Compliance with all of the terms and conditions contained in Section 6.70.070;

D. Compliance with all of the requirements of the city's building code, fire code and any other technical code or regulation of the city which may govern the use, occupancy, maintenance, construction or design of buildings or structures. The use permit shall also contain a condition that the applicant must obtain a final inspection from the city building official demonstrating full code compliance before the applicant may commence business at the premises at issue;

E. The doors, windows or other means of entry into the proposed business site shall be furnished with a system which will cause an audible alarm to sound on the exterior of the building, or a silent alarm to a centralized monitored facility signaling unauthorized entry;

F. A method of storage of inventory which is explosive or flammable at the proposed business site shall be in compliance with federal and state law and with the city's fire code;

G. All other conditions deemed by the planning commission to be necessary and proper to protect the public interest and welfare.

(Ord. 92-15 Div. 1 (part), 1992.)

Any person aggrieved by a decision of the city planning commission may appeal that decision to the council in the time and manner provided in Section 19.40.150 of this code.

(Ord. 92-15 Div. 1 (part), 1992.)

Any investigation officials of the city shall have the right to enter the premises for which the use permit was obtained from time to time to make reasonable inspections to observe compliance with the conditions imposed by Section 6.70.110. A warrant shall be obtained whenever required by law.

(Ord. 92-15 Div. 1 (part), 1992.)

If the police chief, building official or any other person has reason to believe that the permittee is not in full compliance with the conditions imposed by Section 6.70.110, a report shall be made to the city planning official. After an investigation of the facts contained in the report, the city planning official may commence proceedings to revoke the use permit pursuant to Section 19.40.190 of this code.

(Ord. 92-15 Div. 1 (part), 1992.)

A. Police chief permits shall expire one year after the date of issuance. Such permits may be renewed by the police chief for additional one-year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable renewal fee as required by the city's master fee schedule. The completed renewal application and the renewal fee must be received by the police chief no later than forty-five days prior to the expiration of the current permit.

B. The police chief shall inform the city planning official when a permit expires or when the renewal is denied by the police chief so that proceedings to revoke the use permit can be initiated.

C. A decision by the police chief regarding renewal of the permittee's police chief permit may be appealed in the manner provided for in Section 6.70.060.

(Ord. 92-15 Div. 1 (part), 1992.)