Article 4-30

SALES OF FIREARMS

Sections:

This Article is enacted pursuant to the authority granted to the City under Part 4, Title 2, Chapter 1, Article IV, (commencing with Section 12070) of the Penal Code. All references made to "licenses" and "licensing" in the aforementioned statutes shall be deemed to refer to "permits" and "permitting" under this Article.

(a) No person shall engage in the business of selling, transferring, advertising or exposing for sale or transfer any firearms without first obtaining a permit to do so pursuant to this Article. For the purposes of this Article, engaging in the business of selling or transferring firearms does not include the infrequent sale or transfer, offering, exposing for sale, or advertising for sale any firearms at a gun show, swap meet or similar event, such as internet sales. As used in this Section, "infrequent" means occasional and without regularity.

(b) Any person desiring to engage in the business of selling firearms for which a permit is required under the provisions of this Article shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter and pay the license fee specified in Section 4-05.100. No such business license shall be issued unless and until the applicant has first obtained a valid permit under this Article. (Amended by Ord. 71.104 § 1, 1992; Ord. No. 322, § 1(Exh. 1.B.7), 11-19-2014)

(a) Application for a permit hereunder shall be made to the Community Development Director on such form as he may prescribe, which shall include the following:

(1) Name and address of the applicant.

(2) Where the applicant has resided and where he has engaged in business for five years next preceding the date of application, the length of time at each address, the number of any telephone maintained by him and the character of such business.

(3) The particulars in regard to any felony or misdemeanor offense for which the applicant or any principal of the applicant has been convicted.

(4) A recent passport type photo of the applicant and his fingerprints.

(5) Address or other description of the property at which the business will be conducted, and the name and address of the owner of such property.

(6) Such other information and documents as the Community Development Director may require.

(b) The application shall be accompanied by a processing fee in such amount as established from time to time by resolution of the City Council.

(c) Upon receipt of the application and other documents and the fee as required in subsections (a) and (b) of this Section, the Community Development Director shall conduct such investigation as he deems appropriate to determine whether a permit should be issued. In connection therewith, the Community Development Director shall forward a copy of the application to the County Sheriff, for determination as to background of the applicant and whether the applicant has ever been convicted of a felony or misdemeanor offense involving theft, dishonesty, violence or moral turpitude, and determination as to whether the sale of firearms by the applicant would constitute a violation of State law.

The County Sheriff shall indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and shall return the application to the Community Development Director.

(Ord. No. 322, § 1(Exh. 1.B.7), 11-19-2014)

Editor’s note— Ord. No. 322, § 1(Exh. 1.B.7), adopted Nov. 19, 2014, amended the catchline of § 4-30.030 to read as herein set out. Said section formerly pertained to application for permit; fee; investigation by Community Services Director.

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(Saratoga Supp. No. 36, 5-15)

4-30.040

The Community Development Director shall deny issuance of a permit based upon any of the following grounds:

(a) Disapproval of the application by the County Sheriff.

(b) A determination that the conduct of the business at the proposed location would not be in compliance with all zoning requirements and other rules, regulations and ordinances of the City.

(Ord. No. 322, § 1(Exh. 1.B.7), 11-19-2014)

If a permit is issued by the Community Development Director, it shall be in the form as prescribed by the State Attorney General, to be effective for not more than one year from the date of issue. The permit shall be subject to all of the conditions as set forth in Section 12071 of the Penal Code and such other conditions as may be imposed by the County Sheriff. (Ord. No. 322, § 1(Exh. 1.B.7), 11-19-2014)

A permit issued under this Article may be renewed for a period not exceeding one year upon application to the Community Development Director, accompanied by payment of a renewal fee in such amount as established from time to time by resolution of the City Council. The Community Development Director shall renew the permit if he finds that all of the requirements of this Article have been satisfied by the permittee and no conditions of the permit have been violated. (Ord. No. 322, § 1(Exh. 1.B.7), 11-19-2014)

No permit issued under this Article shall be transferable and any attempted transfer shall invalidate the permit.

the holder of the permit may appear before the Community Development Director and be granted a hearing upon the merits of the suspension or revocation. If, after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council.

(Ord. No. 322, § 1(Exh. 1.B.7), 11-19-2014)

Any decisions rendered pursuant to this Article with respect to the issuance, denial, suspension or revocation of a permit, or the conditions thereof, may be appealed to the City Council by the applicant or permittee or other interested person in accordance with the procedure set forth in Section 2-05.030 of this Code.

The holder of any permit issued pursuant to this Article shall be subject to and shall comply with the regulations and conditions as set forth in Part 4, Title 2, Chapter 1, Article IV (commencing with Section 12070) of the Penal Code.

The violation of any provision contained in this Article, or the violation of any condition of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code and the penalties as prescribed in the Penal Code. The enforcement of this Article pursuant to Chapter 3 shall be in addition to any proceedings conducted under Section 4-30.070 for revocation or suspension of the permit or any proceedings conducted under Article 4-05 of this Chapter to revoke a business license by reason of the same violation.

(a) Any permit issued under this Article may be suspended or revoked by the Community Development Director for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee to comply with all of the provisions of this Article, or any other provision of this Code, or any condition of such permit.

(b) The holder of the permit shall be given prompt notice of the intention to suspend or revoke his permit. Such notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which

(Saratoga Supp. No. 36, 5-15)

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4-35.050