Oceanside Municipal Code Art. III Concealable Firearms

The purpose of this article is to set forth the procedures for the issuance and revocation of the state license to sell concealable firearms.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Any person desiring a state license to sell concealable firearms shall make a written application to the business license division, who shall refer the application to the appropriate city departments for investigation as to:

(1) Security of the business premises;

(2) Criminal record or lack thereof of applicant;

(3) Applicant's reputation for honesty and integrity in the community.

The city departments concerned shall complete their investigation and make written recommendation to the business license division within thirty (30) days of the date of the application.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

After considering the recommendations of the city departments, and considering the number of local concealable firearm dealers, the business license division shall issue the license or deny the application. The applicant or any other person requesting the same shall be notified in writing of the decision rendered by the business license division with reference to such application. Such notice shall be given by U.S. mail, postage prepaid, addressed to such person at his/her last known address.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Each application shall be accompanied by an investigation fee of fifty dollars ($50.00), which shall not be prorated, or refunded, and shall be in addition to the city business license fee.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Any state license to sell concealable firearms shall be subject to revocation by the business license division for any grounds that would warrant the denial of the issuance of such license in the first instance. Prior to the revocation of any state license to sell concealable firearms, the licensee shall be entitled to a hearing held before the department director or a hearing officer appointed by the city manager, at which time evidence will be received for the purpose of determining whether such state license will be revoked. Notice of such hearing shall be given in writing and served at least fifteen (15) days prior to the date of the hearing thereon. The notice shall state the grounds of the complaint against the holder of such license and shall designate the time and place where such hearing shall be held. Said notice shall be served upon the license holder by delivering the same personally, or by leaving such notice at the place of business or residence of the license holder in the custody of a person of suitable age and discretion. In the event the license holder cannot be found and the service of such notice cannot be otherwise made in a manner herein provided, a copy of the notice shall be sent by first class mail addressed to the license holder at his/her place of business or residence at least fifteen (15) days prior to the date of the hearing.

In the event the state license is revoked, the notification and reasons for such revocation shall be set forth in writing and sent to the licensee by means of first class mail or hand delivery.

(Ord. No. 02-OR674-1, § 1, 10-9-02)

Within twenty (20) days after any action of denial or revocation has been taken by the business license division and any hearing was held as provided for in section 15.42, an aggrieved applicant or former licensee may appeal such action to the City Council of the City of Oceanside. Upon the filing of such request the city clerk shall set a time and place for hearing and shall notify the appellant thereof. The hearing shall be set on a date which is within forty five (45) days of the filing of the request. At the hearing, any person may present evidence in opposition to or in support of the appellant's case. At the conclusion of the hearing the city council shall either grant or deny the appeal, and the decision of the city council shall be final.

(Ord. No. 02-OR674-1, § 1, 10-9-02)