Pleasanton Municipal Code Art. I General Provisions

The purpose of this chapter is to regulate firearm sales through a permitting process and to prohibit the sale of "Saturday night specials."

(Ord. 1719 § 1, 1998)

For purposes of this chapter, the following words and phrases shall have meanings as provided in this section:

"Firearm"

means a gun, pistol, revolver, rifle or any device, designed or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.

"Firearm sales"

means the sale, transfer, lease, offer, registration, or advertising for sale, transfer, lease, offer, or registration of a firearm.

"Person"

means any individual, copartnership, firm, association, joint stock company, corporation, or combination of individuals of whatever form or character.

(Ord. 1719 § 1, 1998)

A. Except as provided in Penal Code Section 12070(b), it is unlawful for a person to engage in the activity of "firearm sales" without a firearm sales permit as required by this chapter.

B. The requirement for a firearm sales permit is in addition to the requirement for a conditional use permit for firearm sales as provided under Chapters 18.28, 18.44, 18.48, and 18.52 of this code. No person shall engage in firearm sales without a conditional use permit and a firearm sales permit.

(Ord. 1719 § 1, 1998)

A. An applicant for a firearm sales permit or renewal of same under this chapter shall file with the chief of police an application in writing, signed under penalty of perjury, on a form prescribed by the city attorney. The application shall include the following:

1. Name, age and address of the applicant;

2. The address of the proposed location for which the permit is required, together with the business name, if any;

3. Proof of a possessory interest in the property at which the proposed business will be conducted, in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of the real property;

4. A floor plan of the proposed business which illustrates the applicant's compliance with security provisions of Penal Code Section 12071(b)(14) and Chapter 20.36 of this code;

5. Proof of the issuance of a conditional use permit at the proposed location;

6. Proof of compliance with all federal and state licensing laws;

7. Information relating to licenses or permits relating to other weapons sought by the applicant from other jurisdictions, including, but not limited to, date of application and whether each application resulted in issuance of a license;

8. Information relating to every revocation of a license or permit relating to firearms, including, but not limited to, date and circumstances of the revocation;

9. Applicant's agreement to indemnify, defend, and hold harmless the city, its officers, agents, and employees, from and against all claims, losses, costs, damages, and liabilities of any kind, including attorney fees, arising in any manner out of the applicant's negligence or intentional or wilful misconduct;

10. Applicant's agreement that the city shall have the right to enter the building designated in the license from time to time during regular business hours to make reasonable inspections and to investigate and enforce compliance with building, mechanical, electrical, plumbing, or health regulations, provisions of this code and all other applicable federal, state and local laws;

11. Certification of satisfaction of insurance requirements under Section 6.64.080 of this article; and

12. All convictions of the applicant for any offense listed in subsection 6.64.100(E) of this article.

B. As used in this section, the term "applicant" when the applicant is other than a natural person shall include any officer, director, employee or agent of the applicant who may be involved in any firearm sale.

C. The application shall be accompanied by a nonrefundable fee for administering this chapter established by city council resolution.

(Ord. 1719 § 1, 1998)

The chief of police shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The chief of police 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 chief of police and any other additional information which the chief of police deems necessary to complete the investigation.

(Ord. 1719 § 1, 1998)

In addition to other requirements and conditions of this chapter, a firearm sales permit is subject to the following conditions, the breach of any of which is sufficient cause of revocation of the permit by the chief of police:

A. All prohibitions and requirements in Penal Code Section 12071(b);

B. The applicant shall not permit any person under 18 years of age to enter or remain within the premises without being accompanied by the parent or other adult legally responsible for the minor child where the primary business performed at the site is firearm sales;

C. The permittee shall not sell, lease or otherwise transfer a firearm without also selling or otherwise providing with each firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm;

D. The permittee shall not deliver a firearm to a purchaser earlier than is allowed by applicable federal and state law.

(Ord. 1719 § 1, 1998)

In addition to the conditions of approval provided in Section 6.64.060 of this article, the business location as shown on the firearm sales permit shall be a secured facility meeting all of the specifications of Penal Code Section 12071(b)(14) and Chapter 20.36 of this code.

(Ord. 1719 § 1, 1998)

A. No firearm sales permit shall be issued or reissued unless there is in effect a policy of liability insurance in a form approved by the city attorney and executed by an insurance company approved by the city, whereby the applicant is insured against liability for damage to property and for injury to or death of any person as a result of the firearm sale. The minimum liability limits shall not be less than $1,000,000.00 for each incident of damage to property or incident of injury or death to a person.

B. The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until notice in writing has been given to the city manager at least 30 days prior to the time the cancellation becomes effective.

C. Upon expiration of a policy of insurance and if no additional insurance is obtained, the permit is considered canceled without further notice.

(Ord. 1719 § 1, 1998)

A. The chief of police may grant a firearm sales permit to the applicant if the chief of police finds that the applicant complies with all applicable federal, state and local laws including, but not limited to, the state Penal Code, city building code, fire code, zoning and planning codes.

B. A firearm sales permit expires one year after the date of issuance. A permit may be renewed for additional one year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable renewal fee established by city council resolution. The renewal application and the renewal fee must be received by the chief of police no later than 45 days before the expiration of the current permit.

C. A decision regarding issuance or renewal may be appealed in the manner provided in Section 6.64.120 of this article.

(Ord. 1719 § 1, 1998)

The chief of police shall deny the issuance or renewal of a firearm sales permit when one or more of the following conditions exist:

A. The applicant is under 21 years of age;

B. The applicant is not licensed as required by all applicable federal, state and local laws;

C. The applicant has had a firearm sales permit or license previously revoked or denied for good cause within the immediately preceding two years;

D. The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for a firearm sales permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of two years;

E. The applicant has been convicted of:

1. An offense which disqualifies the applicant from owning or possessing a firearm under federal, state and local law, including, but not limited to, the offenses listed in Penal Code Section 12021;

2. An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon;

3. An offense involving the use of force or 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 state Health and Safety Code, as it now reads or may hereafter be amended to read;

F. The applicant is within a class of persons defined in the Welfare and Institutions Code Section 8100 or 8103;

G. The applicant is currently, or has been within the past two years, an unlawful user of a controlled substance as defined by the Health and Safety Code as that definition now reads or may hereafter be amended to read;

H. The operation of the business as proposed would not comply with federal, state and local law; or

I. The applicant has engaged in firearm sales involving any firearm listed on the roster of Saturday night specials in violation of this chapter.

(Ord. 1719 § 1, 1998)

In addition to the violation of any other provision contained in this chapter, circumstances constituting grounds for denial of a firearm sales permit also constitute grounds for revocation.

(Ord. 1719 § 1, 1998)

A. A person whose application for a firearm sales permit is denied or revoked by the chief of police has the right to a hearing before the chief of police before final denial or revocation.

B. Within 10 days of mailing written notice of intent to deny the application or revoke the permit, the applicant may appeal by requesting a hearing before the chief of police. 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 chief of police shall set a time and place for the hearing within 30 days.

C. The decision of the chief of police shall be in writing within 10 days of the hearing. An applicant may appeal the decision of the chief of police to the city manager provided written notice of said appeal and reasons therefor are filed with the city clerk 10 days after the mailing of the chief of police's decision. The city clerk shall set the matter for city manager consideration within 2 weeks of receipt of the appeal.

(Ord. 1719 § 1, 1998)

A firearm sales permit issued under this chapter is not assignable. Any attempt to assign a firearm sales permit makes the permit void.

(Ord. 1719 § 1, 1998)

Notwithstanding the effective date of this chapter, any person engaged in firearm sales who is the holder of a valid seller's permit issued by the state Board of Equalization and a valid certificate of eligibility issued by the California Department of Justice, all of which were issued prior to January 1, 1998, may continue such firearm sales provided a firearm sales permit, a conditional use permit and business registration are obtained from the city within one year of the effective date hereof, and provided the operator remains fully licensed by all agencies listed above.

(Ord. 1719 § 1, 1998)