Part 2 — FIREARM BUSINESS LICENSE PROCEDURES

The procedures set forth in Chapter 6.02 for permits and licenses shall govern the application for, investigation, approval, denial, suspension, revocation, and renewal of any Firearm Business License, except as specifically provided in this Part. Each application shall specify only one (1) location where the retail sale, lease or transfer of Firearms or Firearm Ammunition should take place. If a Licensee changes his or her place or business, Licensee shall apply for a new Firearm Business License for the different location.

(Ord. 30617.)

A.

In addition to the procedures set forth in Chapter 6.02, a person applying for a Firearm Business License under this Chapter shall provide or demonstrate the following to the Chief of Police:

Proof the business location complies with City of San José zoning codes and regulations. In addition, the business location shall not be in a residence and a Licensee shall not sell any firearms or firearms ammunition within or from a residence.

The site of the business premises shall be a permanent building having four (4) solid walls and a roof; constructed of wood, metal, cement or like materials and resting on a foundation of cement, stone, brick or metal or similar materials commonly used in the construction of foundations for permanent buildings. Business premises shall be in compliance with all State of California and City of San José building, fire, health, and safety codes.

Building doors and windows shall be 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.

Business inventory of an explosive or flammable nature shall be stored in compliance with federal, State of California and City of San José fire and safety codes.

Proof of a valid and current federal firearms license, state firearm dealer's license and certificate of eligibility.

B.

A person applying for a Firearm Business License shall also comply with the following requirements:

Complete personal history questionnaire on a form provided by the San José Police Department;

Be fingerprinted at a location approved by the San José Police Department;

Be photographed at the Police Department;

Be interviewed at Police Department by an officer assigned to the permits unit;

Sign authorization for release of records and information that the Chief of Police considers necessary for a complete investigation; and

Licensee shall be at least twenty-one (21) years of age.

(Ord. 30617.)

The City officials charged with investigating and enforcing this Chapter and the San José Municipal Code, including, but not limited to, the Police Department and the Planning, Building and Code Enforcement Department, are authorized to inspect the licensed business premises, including all firearms and ammunition, and all business records of the Licensee during business hours for the purposes of determining compliance with the provisions of this Chapter and the San José Municipal Code.

(Ord. 30617.)

Fees for the Firearm Business License and renewal applications shall be as set forth in the Schedule of Fees and Charges established by Resolution of the City Council.

(Ord. 30617.)

A.

Each Firearm Business License issued pursuant to this Chapter shall expire one (1) year after the date of issuance.

B.

No Firearm Business License issued by the Chief of Police pursuant to this Chapter may be sold, transferred or assigned by the Licensee, or by operation of law, to any other person or persons; any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute voluntary surrender of such license and such license shall be thereafter be deemed terminated and void.

C.

Licensees shall submit an application for renewal in person at least ninety (90) days before the expiration of the license. Licensees who apply for renewal shall be required to meet the requirements specified in this Chapter.

(Ord. 30617.)

In addition to the provisions set forth in Chapter 6.02 of the San José Municipal Code, a Firearm Business License may be denied, suspended or revoked on any of the following grounds:

A.

The Licensee has violated any federal or state firearms sales laws.

B.

Licensee is not licensed as a firearms dealer in accordance with all federal, state and local laws.

C.

The Licensee's federal or state firearms sales license has been suspended or revoked. For purposes of this provision, revocation of a license shall include forfeiture of the license.

(Ord. 30617.)