Maywood Municipal Code Art. 3 Concealable Firearms Dealers

(a) Any person who operates or manages, or who proposes to operate or manage, any business which sells, transfers, leases, offers or advertises for sale, transfer or lease any firearm, shall obtain a firearms dealer permit from the Chief of Police, in addition to any other permits or licenses required by law prior to operating or managing the business.

(b) The City Administrator shall not issue a business license to any person who operates or manages, or who proposes to operate or manage, any business which sells, transfers, leases, offers or advertises for sale, transfer or lease any firearm, unless the person obtains all necessary permits or other licenses required by Federal, State and City law, including a firearms dealer permit issued by the Chief of Police.

(c) For purposes of this Section, "firearm" shall have the same meaning as it does for purposes of Section 12071 of the California Penal Code. This Section shall not apply to those activities specifically exempted by California Penal Code Section 12070(b).

(§ 1, 00-468, eff. July 27, 2000)

(a) Manner of application and fees. An application for a firearms dealer permit shall be filed with the Chief of Police under penalty of perjury on a form to be specified by the City. The application shall be accompanied by the fees established by resolution of the City Council. The application shall contain:

(1) All relevant information to demonstrate the applicant's compliance with this chapter, including a floor plan of the proposed business which illustrates the applicant's compliance with the security provisions of Section 4-9.303; and

(2) Proof of compliance with all applicable Federal, State and local laws; and

(3) All other information requested, or the application shall be deemed incomplete.

(b) City's right to investigate any relevant facts. The Chief of Police may cause an investigation to be conducted to determine whether the application for a firearms dealer permit meets all the requirements of Federal, State and local law, and may require any and all additional information from any applicant that is deemed necessary to complete the investigation.

(c) Grounds for denial of application. The Chief of Police shall give the applicant a written notice of his or her decision to grant or to deny the application for a firearms dealer permit. The notice shall set forth the ground(s) for the Chief of Police's decision. The Chief of Police shall deny the issuance of a permit when any of the following conditions are met:

(1) The applicant, or any officer, employee or agent thereof who will have access and control over firearms, is under twenty-one years of age.

(2) The applicant is not licensed as required by all applicable Federal, State and local agencies.

(3) The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has had a permit previously revoked or denied for good cause within the immediately preceding two years for failure to operate its business in compliance with the requirements of Federal, State or local law, including any conditions imposed by such laws.

(4) The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has made a false or misleading statement of a material fact or an omission of a material fact in the application for a permit.

(5) The applicant, or any officer, employee or agent thereof who will have access and control over firearms, has been convicted of any of the following:

(A) Any offense which disqualifies the person convicted from owning or possessing a firearm under applicable Federal, State and local laws;

(B) Any offense related to the manufacture, sale, possession or registration of any firearm or dangerous or deadly weapon;

(C) Any offense involving the use of violence upon the person of another;

(D) Any offense involving theft, fraud, dishonesty or deceit;

(E) Any offense involving the manufacture, sale, possession or use of any controlled substance as defined by California Health and Safety Code Section 11007, as said definition now reads or may hereafter be amended to read.

(6) The applicant is within the classes of persons defined in California Welfare and Institutions Code Section 8100 or 8103.

(7) The operation of the business as proposed will not comply with all applicable Federal, State and local laws.

(8) The applicant, or any officer, employee or agent thereof, proposes to operate the business in a location where such use is prohibited, or has not obtained other necessary City permits.

(9) The applicant, or any officer, employee or agent thereof, is not the owner of record of the real property at which the business is to be conducted, nor has a lease, license, or other entitlement or possessory interest to operate such business at such location.

(§ 1, 00-468, eff. July 27, 2000)

Any firearms dealer permit issued pursuant to this chapter shall be subject to all of the following conditions:

(a) The permittee shall comply with all Federal and State laws concerning the operation of the permitted business including, but not limited to, California Penal Code Sections 12071(b)(3)"(14), 12072, 12073, 12074, 12076, 12077 and 12082.

(b) The business shall be carried on only in the building located at the street address shown on the City of Maywood permit.

(c) The permittee shall keep complete and current records of all firearms transactions. In addition to the requirements of California Penal Code Sections 12073, 12076 and 12077, the permittee must also keep a complete current inventory of all firearms in stock. This inventory shall include an entry for each weapon, with the classification, serial numbers, and any other information that is required by the Chief of Police for the tracking of the chain of ownership of the firearm.

(d) The permittee shall maintain records of ammunition sales in compliance with the provisions of Section 4-9.203 of this Code.

(e) The premises at which the business is to be operated shall contain all security measures reasonably required by the Chief of Police, which shall include, but not be limited to:

(1) The provision of secure locks, windows and doors, adequate lighting, and such fire and theft alarms as specified by the Chief of Police.

(2) The storing of all firearms and munitions on the premises out of reach of customers in secure, locked facilities, so that access to firearms and munitions shall be controlled by the dealer, or employees of the dealer entrusted to handle firearms, to the exclusion of all others.

(f) Permittee shall cause to be obtained, and keep in full force and effect a policy of insurance in such form as the City deems proper, executed by an insurance company approved by the City whereby the permittee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer or lease, or offering or exposing for sale, transfer or lease, of any firearm. The minimum liability limits shall not be less than one million dollars for damage to or destruction of property in any one incident, and one million dollars for the death or injury to any one person. Such policy of insurance shall contain an endorsement providing that the policy will not be canceled until notice in writing has been given to the City at least thirty days immediately prior to the time such cancellation becomes effective. Upon expiration of any such policy and if no additional insurance has been secured prior to the expiration thereof in the manner provided for the initial securing of a permit under this article, the permit shall be deemed canceled without further notice or opportunity to be heard.

(g) The permittee shall consent to the City's inspection of the business premises and records in order for the City to establish continued compliance with the terms of the permit.

(h) The permit shall not become effective until the permittee has obtained all other permits required by Federal, State or local law including, but not limited to, a business license and zoning and building permits.

(§ 1, 00-468, eff. July 27, 2000)

A firearms dealer permit issued pursuant to this chapter shall expire one year after the date of issuance or automatically upon revocation or expiration of the permittee's Federal firearms license. A permit may be renewed by the Chief of Police for additional periods of one year upon the approval of an application for renewal by the Chief of Police and payment of the renewal fee established by City Council resolution. A completed application for renewal shall be submitted to the Chief of Police at least forty-five days prior to the expiration of the current permit or else the permit shall expire at the expiration of its term. If the application is submitted in a timely manner, the permit to operate shall continue in effect until the expiration date of the current term, or two weeks after the Chief of Police mails written notice to the applicant denying renewal, whichever occurs later.

(§ 1, 00-468, eff. July 27, 2000)

No person shall assign or in any manner transfer or attempt to assign or transfer any firearms dealer permit issued pursuant to this chapter and any such assignment or transfer or attempt to assign or transfer a permit shall constitute grounds to revoke the permit.

(§ 1, 00-468, eff. July 27, 2000)

The Chief of Police may revoke a firearms dealer permit, or deny an application to renew a permit, in any of the following circumstances:

(a) Upon breach of any of the permit conditions set forth in Section 4-9.303;

(b) Upon any circumstances constituting a ground for denial of a permit set forth in Section 4-9.302(c);

(c) Upon transfer or assignment, or attempted transfer or assignment of the permit as prohibited in Section 4-9.305;

(d) If the business is being conducted in a disorderly manner or in violation of any applicable State or Federal law or ordinance of this City or any provision of this Code;

(e) When the purpose for which the permit has been issued is being abused to the detriment of the public, or when the permit is being used for a purpose different from that for which the permit was issued.

(§ 1, 00-468, eff. July 27, 2000)

Any person aggrieved by any decision to deny or revoke any firearms dealers permit pursuant to this chapter may appeal such decision to the City Council in accordance with a procedure established by the City Council.

(§ 1, 00-468, eff. July 27, 2000)

Any and all investigating officials of the City shall have the right to enter the building designated in the permit from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, mechanical, fire, electrical, plumbing and health regulations, as well as the provisions of this chapter. A police investigator may conduct compliance inspections to ensure conformance with all Federal, State and local laws, and the provisions of this Chapter.

(§ 1, 00-468, eff. July 27, 2000)