Redwood City Municipal Code § 37.28 Liability Insurance

It is the purpose and intent of this Article to establish a local program for the permit and regulation of the sale, lease, or transfer of firearms or ammunition. The provisions of this Article are not intended to contradict or duplicate any applicable state or federal law.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

AMMUNITION: Means ammunition or cartridge cases, primers, bullets, or propellant powder designed for use in any firearm, and any component thereof, but shall not include blank cartridges or ammunition that can be used solely in an "antique firearm" as that term is defined in Section 921(a)(16) of Title 18 of the United States Code.

APPLICANT: Means any person who applies for a law enforcement permit, or the renewal of such a permit, to sell, lease, or transfer firearms or ammunition.

CHIEF OF POLICE: Means the Chief of Police of the City of Redwood City or the Chief's designated representative.

ENGAGE IN THE BUSINESS OF SELLING, LEASING, OR OTHERWISE TRANSFERRING ANY FIREARM OR AMMUNITION: Means to conduct a business by the selling, leasing, or transferring of any firearm or ammunition, or to hold one's self out as engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition, or to sell, lease, or transfer firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

FIREARM: Means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of explosion or other means of combustion, provided that the term "firearm" shall not include an "antique firearm" as defined in Section 921 (a)(16) of Title 18 of the United States Code.

PERMITTEE: Means any person, corporation, partnership, or other entity engaged in the business of selling, leasing, or otherwise transferring any firearm or ammunition, which person or entity has obtained a law enforcement permit to sell, lease, or transfer firearms or ammunition.

POLICE DEPARTMENT: Means the Police Department of the City of Redwood City.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

It is unlawful for any person to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition within the City without a law enforcement permit, as required by this Article, and a use permit, as required by Article 58 of the Zoning Ordinance.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

An applicant for a law enforcement permit or renewal of a law enforcement permit under this Article shall file with the Chief of Police an application in writing, signed under penalty of perjury, on a form prescribed by the City. The application shall be accompanied by a nonrefundable fee for administering this Article as established by City Council resolution.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. The Chief of Police shall conduct an investigation of the applicant to determine, for the protection of the public health and safety, whether the law enforcement permit may be issued or renewed.

B. Prior to issuance or renewal of the law enforcement permit, the Chief of Police may inspect the premises to ensure compliance with this Article.

C. The Chief of Police shall grant or renew a law enforcement permit if the applicant or permittee is in compliance with this Article and all other applicable federal, state, and local laws.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. The Chief of Police shall deny the issuance or renewal of a law enforcement permit, or shall revoke an existing law enforcement permit, if the operation of the business would not or does not comply with Federal, State, or local law, or if any of the following conditions exist:

1. The applicant, or any person who has or will have access to or control of firearms or ammunition in the workplace, including, but not limited to, the applicant's employees, agents, and/or supervisors, if any, is under twenty-one (21) years of age;

2. The applicant is not permitted as a dealer in firearms under all applicable Federal, State, or local laws;

3. The applicant does not obtain an approved use permit for the proposed location as required under Section 37.23;

4. The applicant has failed to fully comply with the application requirements, such as by refusing or failing to provide all of the requested information or refusing to agree to indemnify, defend, and hold harmless the City of Redwood City, its elected and appointed officials, officers, employees, and agents against claims arising from operation of the business;

5. The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for a law enforcement permit or in any other documents submitted to the Chief of Police pursuant to this Article. If a law enforcement permit is denied on this ground, the applicant is prohibited from reapplying for a law enforcement permit for a period of five (5) years;

6. The applicant, or any person who has or will have access to or control of firearms or ammunition in the workplace, including, but not limited to, the applicant's employees, agents, and/or supervisors, if any, has had a license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended, or denied for good cause within the immediately preceding five (5) years;

7. The applicant, or any person who has or will have access to or control of firearms or ammunition in the workplace, including, but not limited to, the applicant's employees, agents, and/or supervisors, if any, has been convicted of:

a. An offense which disqualifies that person from owning or possessing a firearm under Federal or California law, including, but not limited to, the offenses listed in Penal Code sections 29800-29875 and 29900-29905;

b. An offense relating to the manufacture, sale, possession, or use of a firearm or dangerous or deadly weapon or ammunition therefor;

c. An offense involving the use of force or violence upon the person of another;

d. An offense involving theft, fraud, dishonesty, or deceit; or

e. An offense involving the manufacture, sale, possession, or use of a controlled substance as defined by the State Health and Safety Code.

8. The applicant is within a class of persons defined in Welfare and Institutions Code sections 8100 or 8103; or

9. The applicant is currently, or has been within the past five (5) years, an unlawful user of or addicted to a controlled substance as defined by the Health and Safety Code.

B. The Chief of Police shall deny the renewal of a law enforcement permit if the permittee has repeated accounts of unverified losses totaling three (3) or more firearms or one thousand (1,000) or more rounds of ammunition within the preceding twelve (12) months. The renewal of the law enforcement permit shall be denied until the firearms or ammunition are located or documentation showing their sale to a person legally capable of receiving such firearms is submitted to the Chief of Police. For the purposes of this Section, any firearms or ammunition missing due to a verified theft, investigated by law enforcement, are exempt.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. If the proposed location is to be used at least in part for the sale of firearms or ammunition, the permitted place of business shall be a secure facility within the meaning of Penal Code section 17110.

B. If the proposed location is to be used at least in part for the sale of firearms or ammunition, all heating, ventilating, air-conditioning, and service openings shall be secured with steel bars or metal grating and shall meet the requirements under the California Building Code in effect at the time.

C. If the proposed business location is street level, concrete or hardened steel bollards, or other barriers, such as security planters or other devices with a similar structural integrity to bollards, shall be installed to protect the location's front entrance, any floor-to-ceiling windows, and any other doors, that could be breached by a vehicle.

1. The bollards or other barriers shall meet all of the following requirements:

a. Be no less than four (4) inches in diameter and thirty-six (36) inches in height from the ground;

b. Be spaced so as not to obstruct accessible routes or accessible means of egress in compliance with Standard 206.8 of Chapter 2 of the Federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), and have a clear width of not less than thirty-six (36) inches but no more than sixty (60) inches; and

c. Be capable of stopping a five-thousand-pound vehicle traveling at thirty (30) miles per hour, in compliance with ASTM International Standard Test Method F3016.

2. This subsection C shall not apply to elevated loading docks or to locations of a licensee's premises that are fitted with steel roll-down doors.

3. Bollards installed prior to the effective date of this Article shall be considered compliant with this Section if they are composed of concrete or hardened steel, do not obstruct accessible routes or accessible means of egress in compliance with Standard 206.8 of Chapter 2 of the Federal Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), and have a clear width of not less than thirty-six (36) inches but no more than sixty (60) inches.

D. Any time a permittee is not open for business, every firearm shall be stored in one (1) of the following ways:

1. In a locked fireproof safe or vault in the licensee's business premises that meets the standards for a gun safe implemented by the Attorney General pursuant to Penal Code section 23650; or

2. Secured with a hardened steel rod or cable of at least one-fourth (¼) inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. No more than five (5) firearms may be affixed to any one (1) rod or cable at any time.

E. Any time a permittee is open for business, every firearm shall be unloaded, inaccessible to the public and secured using one (1) of the following three (3) methods, except in the immediate presence of and under the direct supervision of an employee of the permittee:

1. Secured within a locked case so that a customer seeking access to the firearm must ask an employee of the permittee for assistance;

2. Secured behind a counter where only the permittee and the permittee's employees are allowed. During the absence of the permittee or a permittee's employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends from the floor or counter to the ceiling; or

3. Secured with a hardened steel rod or cable of at least one-fourth (¼) inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises. No more than five (5) firearms may be affixed to any one (1) rod or cable at any time.

F. Any time a permittee is open for business, all ammunition shall be stored so that it is inaccessible to the public and secured using one (1) of the methods mentioned in subsection (E)(1) or (2), except in the immediate presence of and under the direct supervision of an employee of the permittee.

G. The permitted business location shall be monitored by a video surveillance system that, at minimum, meets the requirements under Penal Code section 26806. The video surveillance system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within fourteen (14) calendar days. The permittee must inspect the system at least weekly to ensure that it is operational, and images are being recorded and retained as required.

H. The permitted business location shall be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business & Professions Code sections 7590 et seq. The alarm system must be monitored by a central station listed by Underwriters Laboratories, Inc. and covered by an active Underwriters Laboratories, Inc. alarm system certificate with a #3 extent of protection. The alarm system requirement under this subsection is waived if the video surveillance system provided for under subsection (G) notifies the permittee of any unauthorized intrusions.

I. The business operating hours shall be limited to hours between eight o'clock (8:00) A.M. to eight o'clock (8:00) P.M. each day the business is open to the public.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. If the proposed location is to be used for the sale of firearms or ammunition, no law enforcement permit shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the City and executed by an insurance company approved by the City, insuring the applicant against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease, or transfer or offering for sale, lease, or transfer of a firearm or ammunition, or any other operations of the business. The policy shall also name the City and its officers, officials, employees, and agents as additional insureds. The limits of liability shall not be less than five million dollars ($5,000,000.00) for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability may be required by the City's Risk Manager if deemed necessary.

B. The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until written notice has been given to the City Manager at least thirty (30) days prior to the time the cancellation becomes effective.

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

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. Where the sale of firearms or ammunition is the primary business performed at the business premises, no permittee or any of their agents, employees, or other persons acting under the permittee's authority shall allow the any person under eighteen (18) years of age into or remain on the premises unless accompanied by their parent or legal guardian.

B. Where the sale of firearms or ammunition is the primary business performed at the business premises, the permittee and any of their agents, employees, or other persons acting under the permittee's authority shall be responsible for requiring clear evidence of age and identity of persons to prevent the entry of persons not permitted to enter the premises pursuant to subsection (A) by reason of age. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator's license, a State identification card, an armed forces identification card, or an employment identification card which contains the bearer's signature, photograph and age, or any similar documentation which provides reasonable assurance of the identity and age of the individual.

C. Where the sale of firearms or ammunition is the primary business performed at the business premises, no permittee or any of their agents, employees, or other persons acting under the permittee's authority shall allow any person to enter into or remain on the premises who the permittee or any of their agents, employees, or other persons acting under the permittee's authority knows or has reason to know is prohibited from possessing or purchasing firearms pursuant to Federal, State, or local law.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

As part of the annual law enforcement permit renewal process pursuant to Section 37.32, the permittee shall cause a physical inventory to be taken that includes a listing of each firearm held by the permittee by make, model, and serial number, together with a listing of each firearm the permittee has sold since the last inventory period. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to Penal Code section 26885. The permittee shall forward a copy of the inventory to the address specified by the Chief of Police, by such means as specified by the Chief of Police under Section 37.32. With each copy of the inventory, the permittee shall include an affidavit signed by an authorized agent or employee on behalf of the permittee under penalty of perjury stating that the signer personally confirmed the presence of the firearms reported on the inventory. The permittee shall maintain a copy of the inventory on the premises for which the law enforcement permit was issued for a period of not less than five (5) years from the date of the inventory and shall make the copy available for inspection by Federal, State, or local law enforcement upon request.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

The law enforcement permit, or a certified copy of it, shall be displayed in a prominent place on the permittee's business premises where it can be easily seen by those entering the premises.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. A law enforcement permit expires one (1) year after the date of issuance. A law enforcement permit may be renewed for additional one-year periods if the permittee submits a timely application for renewal, accompanied by a nonrefundable renewal fee established by City Council resolution, and an annual inventory report as described under Section 37.30. Renewal of the law enforcement permit is contingent upon the permittee's compliance with the terms and conditions of the original application and the law enforcement permit, as detailed in this Article. Police Department personnel may inspect the permitted business premises for compliance with this Article prior to renewal of the permit. The renewal application and the renewal fee must be received by the Police Department no later than forty-five (45) days before the expiration of the current permit.

B. A decision regarding issuance, renewal, or revocation of the law enforcement permit may be appealed in the manner provided in Section 37.38 of this Article.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A law enforcement permit issued under this Article is not assignable. Any attempt to assign a law enforcement permit shall result in revocation of the law enforcement permit.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

Permittees shall have their places of business open for inspection by Federal, State, and local law enforcement during all hours of operation. The Police Department may conduct periodic inspections of the permittee's place of business without notice to assess the permittee's compliance with this Article. The inspections shall be of the parts of the permittee's place of business that are used to store or sell firearms, ammunition, records, and/or documents. The Police Department shall conduct no more than two (2) inspections of a single place of business during any six-month period, except that the Police Department may conduct follow-up inspections that exceed two (2) in a six-month period if they have good cause to believe that a permittee is violating this Article. Permittees shall maintain all records, documents, firearms and ammunition in a manner and place accessible for inspection by Federal, State, and local law enforcement.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. A permittee shall comply with California Penal Code section 26835 and post all signs required by that section. A permittee shall also post conspicuously the following warnings in block letters not less than one (1) inch in height within the business premises:

1. Within the permittee's business: "WITH FEW EXCEPTIONS, IT IS A CRIME TO SELL OR GIVE A FIREARM TO SOMEONE WITHOUT COMPLETING A DEALER RECORD OF SALE (DROS) FORM AT A LICENSED FIREARMS DEALERSHIP."

2. Within the permittee's business: "WARNING: ACCESS TO A FIREARM IN THE HOME SIGNIFICANTLY INCREASES THE RISK OF SUICIDE, DEATH DURING DOMESTIC VIOLENCE DISPUTES, AND THE UNINTENTIONAL DEATH OF CHILDREN, HOUSEHOLD MEMBERS, OR OTHERS. IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION, CALL 1-800-273-8255."

B. If a permittee sells, keeps, or displays firearms other than firearms capable of being concealed on the person, the permittee shall post a sign stating: "FIREARMS ARE KEPT, DISPLAYED OR OFFERED ON THE PREMISES, AND PERSONS UNDER THE AGE OF 18 ARE EXCLUDED UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN."

C. All warnings required under this Section 37.35 shall be translated and posted in the three (3) languages most commonly spoken according to census data.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. The Chief of Police may revoke the permit of any permittee found to be in violation of any of the provisions of this Article.

B. In addition to any other penalty or remedy, the City Attorney may commence a civil action to seek enforcement of these provisions.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

In addition to any other penalty or remedy, the Chief of Police shall report any permittee whose law enforcement permit is revoked pursuant to this Article to the Bureau of Firearms of the California Department of Justice and the Bureau of Alcohol, Tobacco, Firearms and Explosives within the U.S. Department of Justice.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)

A. Any applicant whose application for the law enforcement permit has been denied, or any permittee whose law enforcement permit has been revoked pursuant to the provisions of this Article, shall have the right to a hearing before a hearing officer appointed by the City Manager prior to final denial or prior to revocation.

B. The Chief of Police shall give the applicant or permittee a written notice of their intent to deny the application or to revoke the law enforcement permit. The notice shall set forth the ground or grounds for the Chief of Police's intent to deny the application or to revoke the law enforcement permit.

C. Within ten (10) days of mailing a written notice of intent to deny the application or revoke the law enforcement permit, the applicant or permittee may appeal by requesting a hearing before a hearing officer. The request must be made in writing, setting forth the specific grounds for the appeal. If the applicant or permittee submits a timely request for an appeal, the hearing officer shall set a time and place for the hearing within thirty (30) days. The application will be denied, or the law enforcement permit revoked if a written hearing request is not received within the ten-day period.

D. All parties involved shall have the right to offer testimony, documentary and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine any witnesses against them. The decision of the hearing officer, whether to deny the application or revoke the law enforcement permit, shall be in writing and shall be issued within ten (10) days of the hearing. The decision of the hearing officer will be final.

(Ord. No. 2527, § 3(Exh. A), 8-28-2023)