Sanger Municipal Code § 18-124 Same—Appeals

This division shall be known as the "Firearms Dealer License Ordinance."

(Ord. No. 935, § 1, 5-18-95)

It is the purpose of this division to establish, as authorized by Penal Code § 12071, a local licensing process for persons engaged in the business of selling, transferring or leasing firearms and munitions and related activities.

(Ord. No. 935, § 1, 5-18-95)

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

Engaged in the business means conducting a business for the sale, transfer or lease of firearms or munitions; or preparing for the conduct of such business as evidenced by the securing of applicable federal or state licenses; or holding out of one's self as engaged in the business of selling, transferring or leasing firearms or munitions; or selling, transferring or leasing of firearms or munitions in quantity, in series or in individual transactions, or in any other manner indicative of trade, including as a pawnbroker.

Firearm means a 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.

Firearms dealer means a person engaged in the business of selling, transferring, leasing, or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease, any firearm or munitions and who holds a Federal Firearms License.

Munitions means a projectile or explosive substance for use with a firearm.

Pawnbroker means a person whose business or occupation includes the taking or receiving, by way of pledge or pawn, any firearm or munitions as security for the payment or repayment of money.

Person means a natural person, association, partnership, firm, cooperative, corporation, or other business entity.

(Ord. No. 935, § 1, 5-18-95)

It shall be unlawful for a person to engage in the business of operating or managing a business which sells, transfers, leases, offers or advertises for sale, transfer or lease, any firearm or munitions without first obtaining a firearms dealer license from the city. The license required by this division shall be in addition to any other permits or licenses required by law.

(Ord. No. 935, § 1, 5-18-95)

An applicant for a license under this division shall file with the chief of police an application in writing and under penalty of perjury, on a form to be furnished by the city. The applicant shall provide all information required, including proof of compliance with all applicable federal, state and local laws and ordinances. The application shall be accompanied by a nonrefundable fee as established by council resolution.

(Ord. No. 935, § 1, 5-18-95)

The chief of police shall conduct a thorough investigation of the applicant. The chief of police may require such additional information from the applicant as he may deem necessary in order to complete the investigation. The investigation shall be completed within 30 days unless circumstances exist justifying an extension of time. A written determination of time needed to complete the investigation shall be provided to the applicant prior to expiration of the 30-day period.

(Ord. No. 935, § 1, 5-18-95)

The chief of police shall deny the license application when any of the following conditions exist:

(1) The applicant is under the age of 21 years;

(2) The applicant does not possess a valid Federal Firearms License, a valid sellers' permit from the state board of equalization, a valid certificate of eligibility from the state department of justice, and all other licenses required by applicable federal, state and local laws and ordinances;

(3) The applicant has had a local firearms license previously revoked or denied for good cause within the immediately preceding two years;

(4) The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for the license;

(5) The applicant has been convicted of:

a. Any criminal offense(s) which disqualifies the applicant, or an officer, employee or agent thereof, from owning or possessing a firearm under applicable federal, state and local laws and ordinances;

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

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

(6) The applicant is an unlawful user of any controlled substance as defined by the California Health and Safety Code, as such definition now reads or may hereafter be amended to read, or is an excessive user of alcohol to the extent that such use impairs his or her fitness to be a dealer in firearms;

(7) The applicant has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which impairs his or her fitness to be a dealer in concealable firearms;

(8) The operation of the business as proposed will not comply with all applicable federal, state or local laws and ordinances, including the zoning and fire protection codes of the city; and

(9) The applicant does not have, and/or cannot provide evidence of a possessory interest in the property at which the proposed business will be conducted. When the property is leased or rented, the applicant shall provide written consent from the owner of record of the property to conduct such business at the property.

(Ord. No. 935, § 1, 5-18-95)

In order to discourage the theft of firearms or munitions stored in the premises of a firearms or munitions dealer, any person licensed under this division must adhere to security measures as required by the chief of police. Security measures may include some or all of the requirements set forth in Penal Code § 12071(b)(14), and shall include the following:

(1) The provision of secure locks, windows, doors and safes, and adequate lighting and alarms as specified by the chief of police; and

(2) Storing of all firearms or munitions on the premises out of the reach of customers in a secure locked manner, so that access to firearms and munitions shall be controlled by the dealer or employees of the dealer, to the exclusion of all others.

(Ord. No. 935, § 1, 5-18-95)

All licenses issued pursuant to this division shall be in a form prescribed by the attorney general of the state.

(Ord. No. 935, § 1, 5-18-95)

All licenses issued pursuant to this division shall expire one year after the date of issuance, or automatically upon the revocation or expiration of the licensee's federal firearms license, whichever is earlier. Licenses may be renewed by the chief of police for additional periods of one year upon approval of an application for renewal and payment of a nonrefundable renewal fee. Such renewal application must be completed and received by the chief of police no later than 45 days prior to the expiration of the current license. Renewal applications may be denied consistent with section 18-116.

(Ord. No. 935, § 1, 5-18-95)

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

(Ord. No. 935, § 1, 5-18-95)

Licenses issued pursuant to this division shall be subject to all of the following conditions, the breach of any of which shall be sufficient cause for revocation of the license:

(1) The business shall be carried on in the building located at the street address shown on the license. The licensee shall notify the chief of police in writing within ten days of any change in business location. Any such relocation shall require a new inspection to ensure compliance with this division. A nonrefundable reinspection fee will be charged.

(2) The licensee shall comply with the California Penal Code, §§ 12071, 12072, 12073, 12074, 12077, 12082, to the extent that such provisions are in effect.

(3) The licensee shall maintain records of all employees engaged in the sale, lease, transfer or delivery of firearms or munitions, identifying them by name, address, date of birth and social security number. The licensee shall notify the chief of police in writing within ten days of any change in employees and submit the required identifying information for each newly hired employee.

(4) The licensee shall maintain and keep records of all ammunition sales, including the name, address and age of the purchaser, the date of sale, the amount of ammunition sold and the type of ammunition sold.

(5) The licensee shall comply with the requirements of this division.

(Ord. No. 935, § 1, 5-18-95)

In addition to section 18-121, any provisions constituting grounds for denial of a license shall also constitute grounds for revocation of a license.

(Ord. No. 935, § 1, 5-18-95)

(a) Any person whose application for a license or license renewal under this division has been denied, or whose license has been suspended or revoked pursuant to the provisions of this division, shall have the right to a hearing before the chief of police or a designee prior to final denial, suspension or revocation.

(b) The chief of police shall give the applicant or licensee written notice of intent to deny the application or to suspend or revoke the license. The notice shall set forth the ground or grounds for the chief of police's intent to deny the application or to suspend or revoke the license, and shall inform the applicant or licensee that he or she has ten days from the date of receipt of the notice to file a written request with the chief of police for hearing on the proposed denial, suspension or revocation. The application may be denied or the license suspended or revoked if a timely written request for hearing is not received by the chief of police within the ten-day period.

(c) If the applicant or licensee files a timely hearing request, the chief of police shall set a time and place for the hearing. The applicant or licensee shall have the right to offer relevant evidence on the issues, to be represented by counsel, and to confront and cross examine witnesses against him/her. Any person beneficially interested in the application or license may appeal the chief of police decision to the city council.

(Ord. No. 935, § 1, 5-18-95)

(a) The appeal shall be in writing and shall be filed with the city clerk no later than 15 days after the date of written notice to the applicant or licensee of the chief of police's decision. The appeal shall state in detail all factual and legal bases for the appeal.

(b) An appeal fee shall be paid at the time of filing the appeal. The fee shall consist of a processing fee plus an estimate of the actual cost to the city for conducting the appeal. The processing fee shall accompany the request for appeal. The appeal fee shall be set by resolution of the city council.

(Ord. No. 935, § 1, 5-18-95)

The license shall provide that the licensee is obligated to indemnify, defend and hold harmless the city and its officers, agents and employees, from and against all claims and liabilities arising from the negligence or wrongful conduct of the licensee respecting the sale, use, rental, transfer, or dealing in firearms and/or munitions.

(Ord. No. 935, § 1, 5-18-95)

The license shall provide that any and all investigating officials, including police and fire investigators of 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 observe and enforce compliance with building, mechanical, fire, electrical, plumbing, safety or health regulations, provisions of this division, and all federal, state and local laws and ordinances.

(Ord. No. 935, § 1, 5-18-95)

Persons engaged in the business of selling, transferring, leasing, or advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease, firearms or munitions as of the effective date of this division, shall have a period of 60 days after such effective date to comply fully with the provisions of this division.

(Ord. No. 935, § 1, 5-18-95)

(a) The chief of police may immediately suspend a license in the event the licensee violates any federal, state, county or city law or ordinance relating to firearms or involving firearms. This temporary suspension will not exceed three days. If the violation results in a criminal charge filed by a federal, state or county district attorney, the license to sell firearms or munitions may be suspended until the case is finally adjudicated.

(b) Notice of suspension shall be mailed to the person(s) who made application for the license and shall be delivered to the address listed on the license.

(c) The licensee may appeal the suspension consistent with the procedures set forth in sections 18-123 and 18-124.

(Ord. No. 935, § 1, 5-18-95)