Article VIII — PERMITS TO SELL FIREARMS

SEC. 11-220. FIREARM SALES PERMIT REQUIRED; BUSINESS TAX CERTIFICATE REQUIRED.

(A) No person shall offer for sale, sell, or transfer any firearm without first obtaining a firearm sales permit ("permit") from the police chief.

(B) A business tax certificate shall be obtained pursuant to Article I of Chapter 11 of this code before a permit is issued unless the person, organization, or entity applying for the permit is exempt from paying business tax fees pursuant to section 11-9 of this code.

(`64 Code, Sec. 16.1-10) (Ord. No. 2411, 2838, 2961)

SEC. 11-221. APPLICATION.

(A) The application for a permit shall be on a form approved by the police chief. An applicant for a permit shall file the application with the chief of police with payment of the appropriate fee as established by resolution of the city council.

(B) The fee shall not be returned whether the application is approved, conditioned or denied.

(`64 Code, Sec. 16.1-11) (Ord. No. 2411)

SEC. 11-222. INVESTIGATION OF APPLICANT.

(A) By filing an application, the applicant consents to the police chief undertaking an investigation of the applicant and a review of the information contained in the application. Thereafter, the police chief shall approve, conditionally approve or deny the permit.

(B) The application shall include sufficient information to facilitate the investigation by the police chief, including, but not limited to, the applicant’s name and identifying information, personal references, prior business and residential address, prior law enforcement contacts, arrests, or citations.

(C) An application which is incomplete or contains false or misleading statements will be grounds to deny the application.

(D) The police chief’s investigation shall include the review of the application, police sources, private sources, as well as the applicant’s references to determine if the applicant has any history of poor or ineffective business practices, violence, questionable temperament, or mental health issues which would support a denial of the permit.

(E) If the application is approved or conditionally approved, the police chief shall issue the permit.

(F) If the application is denied or conditionally approved, the police chief shall promptly notify the applicant, in writing, of the denial or conditional approval by certified or registered mail. The applicant may request a hearing as provided for herein, to review the conditions or denial of a permit.

(G) The police chief shall include conditions upon issuance of the permit. The permit conditions shall include, but not be limited to, the times, locations, and conditions under which the permit may be used; specific operational requirements related to safety or business practices that the permittee shall follow while exercising the right under the permit; and under what circumstances the permit can be suspended or revoked.

(`64 Code, Sec. 16.1-12) (Ord. No. 2411, 2961)

SEC. 11-223. SUSPENSION, REVOCATION OR MODIFICATION OF PERMIT.

(A) The police chief may suspend, revoke or modify a permit for failure of the permittee to comply with laws, regulations, or permit conditions.

(B) The police chief may suspend or revoke the permit if the applicant has been convicted of:

(1) An offense which disqualifies that person from owning or possessing a firearm under federal or State law, including, but not limited to, the offenses listed in Cal.

Penal Code, Sections 29800 through 29875 and 29900 through 29905;

(2) An offense relating to the manufacture, sale, possession, or use of a firearm or dangerous or deadly weapon or ammunition therefore;

(3) An offense involving the use of force of violence upon the person of another;

(4) An offense involving theft, fraud, dishonesty, or deceit; or

(5) An offense involving the manufacture, sale, possession, or use of a controlled substance as defined by the Cal. Health and Safety Code.

(C) The police chief may suspend or revoke the permit if the applicant is within a class of persons defined in Cal. Welfare and Institutions Code, Sections 8100 or 8103, or the applicant is currently, or has been within the last five years, an unlawful user of, or addicted to, a controlled substances as defined by Cal. Health and Safety Code.

(D) The police chief shall mail to the permittee a notice of intent that the permit is proposed for suspension, revocation or modification. The notice of intent shall state the reasons for the proposed suspension, revocation, or modification.

(E) The permittee may request a hearing, as provided herein, to review the proposed suspension, revocation or modification. If such a request for hearing is not received within ten days of mailing the notice of intent, the police chief shall mail to the permittee a notice that the proposed suspension, revocation or modification is in effect. Such notice shall constitute an exhaustion of the administrative remedies available to the permittee.

(`64 Code, Sec. 16.1-13) (Ord. No. 2411, 2961)

SEC. 11-224. REQUEST FOR HEARING.

A request for hearing shall be filed with the city clerk within 14 days of the date of the subject notice or receipt of a conditioned permit. The request shall include payment of an appropriate hearing fee established by resolution of the city council. The request shall include a copy of the notice or conditioned permit and shall state the relief sought by the person requesting the hearing.

(`64 Code, Sec. 16.1-14) (Ord. No. 2411)

SEC. 11-225. HEARINGS; NOTICE.

On receiving a request for hearing, the city clerk shall send the request to the hearing officer. The hearing officer shall promptly set the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and place of hearing to the person requesting the hearing.

(`64 Code, Sec. 16.1-15) (Ord. No. 2411)

SEC. 11-226. CONDUCT OF HEARINGS.

(A) All hearings shall be open to the public.

(B) The person requesting the hearing shall first present evidence. Thereafter, a representative of the city may present evidence.

(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.

(`64 Code, Sec. 16.1-16) (Ord. No. 2411)

SEC. 11-227. DECISION.

Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to all parties a written decision containing a statement of the reasons on which the decision is based.

(`64 Code, Sec. 16.1-17) (Ord. No. 2411)

SEC. 11-228. JUDICIAL ACTION.

Judicial review of a final decision of the hearing officer or police chief may be sought in accordance with Cal. Code of Civil Procedure, Sections 1094.5 and 1094.6.

(`64 Code, Sec. 16.1-17.1) (Ord. No. 2411, 2493)