Richmond Municipal Code Ch. 7.100 Dealers in Firearms

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Editor's note— Prior ordinance history: Ordinance Nos. 47-89 N.S. and 20-90 N.S.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

"Chief of Police" means the Chief of Police of the City of Richmond or his or her designee.

"City" means the City of Richmond.

"City Manager" means the City Manager of the City of Richmond or his or her designee.

"Dealer in firearms" means a person engaged in the business of selling, transferring, or leasing, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm or ammunition for any firearm.

"Department" means the California Department of Justice.

"Engage in the business" means the conduct of a business by the selling, leasing, or transferring of any firearm or ammunition for any firearm; or the preparation for such conduct of business, which may be evidenced by the application for or securing of applicable state or federal licenses; or the holding of one's self out as engaged in the business of selling, transferring or leasing of firearms 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.

"Person" means natural person, association, partnership, firm, or corporation.

(Amended by Ordinance No. 31-03 N.S.)

No person shall engage in the business of a dealer in firearms or ammunition for any firearm and no person shall operate or manage any such business unless the person or business has first been issued a permit pursuant to the provisions of this chapter.

(Amended by Ordinance No. 31-03 N.S.)

No permit shall be issued to any person pursuant to this chapter to engage in the business of a dealer in firearms or ammunition for any firearm, unless the person has first obtained a conditional use permit under Section 15.04.190 of this Code for use of the proposed business site as a dealer in firearms.

(Amended by Ordinance No. 31-03 N.S.)

An applicant for a permit under this chapter or an applicant for renewal of a permit under this chapter shall file with the Chief of Police a sworn application in writing, on a form to be furnished by the City. The applicant shall provide all information requested, including proof of compliance with all applicable federal, state, and local laws when required by the Chief of Police, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable fee of $315.00 and the renewal application shall be accompanied by a nonrefundable fee of $250.00.

(a) 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.

(b) The Chief of Police shall refer the application to the City Public Works Department, Planning Department and Fire Department for an investigation, including an inspection, if necessary, of whether the building and property to be used for sale of firearms is in compliance with the Municipal Code of the City of Richmond and with the requirements of this chapter. The departments shall report the results of the investigation to the Chief of Police.

The Chief of Police shall issue a permit unless he or she finds any one or more of the following:

(1) The applicant, or an officer, employee, or agent thereof is under the age of 21 years.

(2) The applicant is not licensed as required by all applicable federal, state and local laws, or the applicant's inventory does not conform to the type of federal, state or local firearms permit issued to the applicant.

(3) The applicant, or an officer, employee, or agent thereof has had a similar type permit previously revoked or denied for good cause within the immediately preceding five years.

(4) The applicant, or an officer, employee, or agent thereof has made any false or misleading statement of a material fact or omission of a material fact in the application for a permit.

(5) The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his or her identity, or any other information required by the Chief of Police to complete his or her investigation.

(6) The applicant, or an officer, employee, or agent thereof, has been convicted of:

(a) Any criminal offense so as to disqualify the applicant, or an officer, employee, or agent thereof, from owning or possessing a firearm under applicable federal, state and local laws.

(b) Any criminal offense relating to the manufacture, sale, possession, use or registration of any firearm or dangerous or deadly weapon.

(c) Any criminal offense involving the use of force or violence upon the person of another.

(d) Any criminal offense involving theft, fraud, dishonesty, or deceit.

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

(7) The applicant, or an officer, employee, or agent thereof is currently, or has been within the last two years, an unlawful user of any controlled substance as defined by the California Health and Safety Code as the definition now reads or may hereafter be amended to read, or is an excessive user of alcohol, to the extent that such use would impair his or her fitness to be a dealer in firearms.

(8) The applicant, or an officer, employee or agent thereof is within the classes of persons defined in California Welfare and Institutions Code Sections 8100 or 8103, as they now read or may hereafter be amended to read.

(9) The operation of the business as proposed will not comply with all applicable federal, state and local laws.

(10) The business is not located at a fixed and certain site, at which all business activity occurs.

(11) The applicant's proposed business site is a building which does not comply with the requirements of the City of Richmond Building Code, Fire Prevention Code or any other technical code or regulation of the City of Richmond which govern the use, occupancy, maintenance, construction or design of buildings or structures.

(12) The doors, windows or other means of entry into the proposed business site are not secured withadequate locks or are not alarmed with a system of any manufacture which will cause an audible alarm to sound on the exterior of the building or a silent alarm to a centralized monitored facility signaling unauthorized entry during nonbusiness hours, or the proposed business site is not a secured facility or does not meet the requirements for such a facility as set forth in California Penal Code Section 12071, as it now reads or as it is amended in the future.

(13) The method of storage of inventory which is of an explosive or flammable nature at the proposed business site is not in compliance with federal and State of California laws and with the City of Richmond Fire Prevention Code.

(14) The firearms on the proposed business site are not stored out of reach of customers in secure, locked facilities, so that access to all firearms shall be controlled by the dealer or employees of the dealer, to the exclusion of all others, and are stored in compliance with the provisions of California Penal Code Section 12071, as it now reads or as it may be amended in the future.

(15) The applicant, or an officer, employee, or agent thereof does not have, and/or cannot provide evidence of, a possessory interest in the property at which the proposed business will be conducted.

All permits issued pursuant to this chapter shall be in the form prescribed by the Attorney General of the State of California.

All permits issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that such permits may be renewed by the Chief of Police for additional periods of one year upon the permittee's submission of an application for renewal, accompanied by a non-refundable renewal fee, to the Chief of Police. Such renewal application, in completed form, and such fee must be received by the Chief of Police, in completed form, no later than 45 days prior to the expiration of the current permit.

The assignment or attempt to assign any permit issued pursuant to this chapter is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.

Any permit issued pursuant to this chapter shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the permit by the Chief of Police:

(1) The business shall be carried on only in the building designated in the permit;

(2) The permit or a copy thereof, certified by the Chief of Police, shall be displayed on the premises where it can easily be seen;

(3) Full compliance with each and every condition and prohibition set forth in California Penal Code Section 12071, as it now reads or as it may be amended in the future;

(4) Full compliance with each and every requirement imposed on dealers of firearms by State, Federal or local law;

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

Any permit issued pursuant to this chapter shall be subject to such additional conditions as the Chief of Police finds are reasonably related to the purposes of this chapter.

(Amended by Ordinance No. 28-96 N.S.)

A permit may be revoked for the violation of any of the requirements contained in this chapter. Any circumstances constituting grounds for denial of an application, as set forth in Section 7.100.060, shall also constitute grounds for revocation.

(a) Any person whose application for a permit under this chapter has been denied, or whose permit has been revoked pursuant to the provisions of this chapter, shall have the right to a hearing before the City Manager or his or her designee prior to final denial or prior to revocation.

(b) The Chief of Police shall give the applicant or permittee written notice of his or her decision to deny the application or to revoke the permit. The notice shall set forth the ground or grounds for the Chief of Police's decision to deny the application or to revoke the permit, and shall inform the applicant or permittee that he or she has ten days from the date of receipt of the notice to file a written request for a hearing, except as otherwise provided in this section.

(c) Within ten days of the written notice by the Chief of Police of his or her decision to deny the application or revoke the permit, the applicant or permittee may appeal by submitting a request to the Police Chief for a hearing before the City Manager. Such request must be made in writing and must set forth the specific grounds for the appeal. If the applicant or permittee files a timely hearing request, the City Manager shall set a time and place for the hearing. All parties involved shall have the right to offer testimonial, 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 City Manager whether to deny the application or revoke the permit shall be in writing and shall be the final administrative decision.

(d) If no timely appeal is taken, the application may be denied or the permit revoked by decision of the Chief of Police and such decision shall be final. If a timely appeal request is made by a permittee, the permit shall remain in force and effect until a decision on appeal has been made by the City Manager, except as otherwise provided in this section.

(e) In the event that a permittee or any business to which the permit applies is found to have violated any state, federal or local law based on which the permit may be revoked and the violation of which results in the filing of criminal charges, the Chief of Police may immediately suspend the permit for a period of up to 20 days and, if no appeal is requested, such suspension shall remain in effect until final adjudication of the criminal charges. In the event an appeal hearing is timely requested by the permittee, an appeal hearing shall be held within the 20-day suspension period, in the manner and under the procedures otherwise established by this section for appeals hearings, except that the permit shall remain suspended until a decision has been made at the time of the appeal hearing by the City Manager.

No permit shall be issued, continued or renewed pursuant to this chapter unless there is in full force and effect a policy of insurance in such form as the City Attorney and Risk Manager deem proper, executed by an insurance company approved by the City Attorney and Risk Manager, whereby the applicant or 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, any firearm. The minimum liability limits shall not be less than $1,000,000.00 for damage to or destruction of property in any one incident and for the death of 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, addressed in care of the Chief of Police, Hall of Justice, 401 27th Street, Richmond, California, 94804, at least 30 days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name the City, its officers, agents, and employees as additional insureds. Additionally, applicants and permittees shall indemnify, defend, and hold harmless the City, its officers, agents, and employees, from claims arising from the negligence of the applicant or permittee.

Any and all investigation 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, or health regulations, or provisions of this chapter. Investigation officials of the City shall also be authorized to undertake all appropriate investigation and to enter property for the purpose of inspection and investigation whenever there is reason to believe that a violation of this chapter exists. Entry pursuant to this section shall be in accordance with all applicable laws.

Any person engaging in the business of a dealer in firearms on the effective date of this chapter or amendment thereto shall have a period of 60 days after such effective date to comply with the provisions of this chapter or with any amendments thereto.

(Source: Ordinance No. 6-95 N.S.)