Scotts Valley Municipal Code Ch. 5.38 Firearms Dealers

This chapter is enacted pursuant to state law, as set forth in Article 1, Chapter 2, Division 6, Title 4, Part 6 of the California Penal Code beginning with Section 26700 et seq.

(Ord. No. 190, § 1, 9-16-2015)

As used in this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A

"Firearm" means a device as defined by California Penal Code Section 16520.

B. "City license" means a license issued by the local licensing authority pursuant to this chapter authorizing a person to engage in the sale, lease, transfer, delivery, advertisement or offer for sale, lease, or transfer of firearms.

C. "Local licensing authority" or "licensing officer" means the City Manager of the City of Scotts Valley, or his or her designee.

(Ord. No. 190, § 1, 9-16-2015)

On and after the effective date of this ordinance, no person required to obtain a Federal Firearms License and a State Department of Justice License to sell firearms shall establish a business that engages in the sale, lease, transfer, delivery, advertisement or offer for sale, lease, or transfer any firearm without first also obtaining and keeping a one-time city license issued pursuant to this chapter by the local licensing authority. Existing firearms dealers at the effective date of this ordinance have twelve months to comply with the conditions and obtain a city license.

(Ord. No. 190, § 1, 9-16-2015)

A. Each person applying for a city license under this chapter shall submit an application to the local licensing authority.

B. In order to obtain a city license, the applicant must first provide the following to the licensing officer:

1. A valid federal firearms license;

2. A valid seller's permit issued by the State Board of Equalization;

3. A valid certificate of eligibility issued by the Department of Justice;

4. Payment of a nonrefundable administrative fee, in an amount to be established by resolution of the city council.

C. Where the applicant is a corporation, each of the requirements contained in this chapter must be completed and/or adhered to by a legally recognized corporate officer of said corporation. Where the applicant is a partnership, each of the requirements contained in this chapter must be completed and/or adhered to by a legally recognized general partner of said partnership. Both the individual and the corporation or partnership shall be liable for any violation of the provisions of this chapter.

D. Each application shall specify only one location at which the sale or transfer of firearms shall take place. If any firearms dealer licensed under either federal, state or local law changes his or her place of business, an application for the new location shall be submitted, accompanied by a nonrefundable fee (in the form of a check or cash) as set forth in the schedule of fees. That application shall be considered an initial application and not an application for renewal.

(Ord. No. 190, § 1, 9-16-2015)

The licensing officer shall have the authority to approve or disapprove the issuance of the city license. For the purpose of considering requests for a city license, the licensing officer shall apply the minimum standards set forth in this chapter. Factors to be considered by the licensing officer in approval or denial of the application for a city license include, but are not limited to:

A. Evidence of the applicant's compliance with all applicable city, state and federal laws;

B. Whether applicant has violated any provisions of this chapter;

C. Whether the applicant has made any false statements as to any material fact in applying for the city license;

D. Whether the applicant has done or caused or permitted to be done any act which if done by an authorized firearms dealer would be grounds for suspension or revocation of the city license;

(Ord. No. 190, § 1, 9-16-2015)

If the applicant does not meet all of the written standards, hereinabove set forth, the licensing officer shall not issue a city license to such applicant.

It shall be the duty of the licensing officer to notify an applicant that his or her application has been denied by serving such person, either personally or by first class United States mail, with a letter setting forth the reason(s) for such denial. The notice, if served by mail, shall be deemed to have been served on the date of its deposit in the United States mail, postage prepaid, to the applicant's address of record. The notice shall also inform the applicant of his or her right to a hearing before the city council at which time the applicant may appear, with a representative if so desired, and be heard on the matter. The applicant shall also be given notice that any request for a hearing before the city council must be made in writing to the city clerk within ten calendar days after the date on which such notice is served on the applicant.

(Ord. No. 190, § 1, 9-16-2015)

An applicant whose application has been denied by the licensing officer shall have the right to appeal such decision to the city council. The city council shall hold a hearing thereon pursuant to the procedures set forth in Section 5.38.110.

(Ord. No. 190, § 1, 9-16-2015)

A. The permitted business location shall be secured by a third party monitored alarm system. The alarm system shall be of sufficient quality to thwart the bypassing of the alarm (e.g., wireless, hardened security of the wire system, etc.).

B. The permitted business location shall be monitored by a video surveillance system.

C. Any person licensed under this chapter shall obey all applicable city, state and federal laws; and in addition, comply with the following requirements:

1. The business shall be carried on only in the building designated in the city license;

2. The city license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen.

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

1. In a locked safe or vault in the licensee's business premises that meets the standards of 11 California Code of Regulations Section 4100; or

2. Secured with a hardened steel rod or cable of at least one-fourth 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 firearms may be affixed to any one rod or cable at any time.

E. Prior to issuance of a firearms dealer license, the chief of police shall inspect the proposed business location and determine if additional safety measures are necessary to protect the public health, safety and welfare, including, but not limited to, any structural changes to the building in which the firearms are sold or stored that are necessary to secure such firearms from burglary or theft.

(Ord. No. 190, § 1, 9-16-2015; Ord. No. 190.1, § 1, 12-20-2017)

Every city license issued under this chapter shall be subject to summary suspension and revocation by the licensing officer if he or she determines that:

A. The city license holder has failed to meet any of the requirements specified under this chapter;

B. The city license holder and/or any employee(s) has violated any of the conditions or provisions of this chapter;

C. The city license holder and/or any employee(s) has violated any provision of federal or state firearms sales laws;

D. The city license holder's federal firearms sales license has been revoked; or

E. The city license holder has committed any act which could have resulted in the denial of issuance of a firearms license.

(Ord. No. 190, § 1, 9-16-2015)

It shall be the duty of the licensing officer or his or her designee to notify any city license holder charged with any violation or misconduct, as described above, by serving such person, either personally or by first class United States mail, with a letter setting forth the particular written standard or condition which has been violated. The letter shall inform such city license holder of the right to a hearing before the city council, at which time the city license holder may appear with a representative if so desired and be heard in defense of the charges. The city license holder shall also be given notice that any request for a hearing before the city council must be made in writing to the city clerk within ten calendar days after the date on which notice is served on the city license holder. The suspension or revocation shall be effective on the date the notice is served on the city license holder. Such notice, if served by United States mail, shall be deemed to have been served on the date of its deposit in the United States mail, postage prepaid, to the city license holder's address of record.

(Ord. No. 190, § 1, 9-16-2015)

A. Any applicant or licensee who is aggrieved by any action taken in regard to a city license may request an appeal hearing before the city council. Request for such hearing shall be in writing and filed with the city clerk, and a copy filed with the licensing officer on or before ten calendar days after the action appealed from was taken, and shall state the grounds upon which the aggrieved party claims there was improper denial, suspension or revocation of his or her license.

B. Upon receipt of such request for hearing, the city council shall set the matter for hearing not later than twenty calendar days thereafter unless the council is not in session in which case the council shall set the matter for hearing at the next available regular meeting date. The council may also determine whether to stay the denial, suspension or revocation pending decision on the appeal. Written notice of the time and place of hearing on the matter shall be given by the city clerk to the aggrieved party and to the licensing officer, and upon receipt of the notice of hearing the licensing officer shall forward to the city council and provide to the appellant a report on this action with respect to the matter, attaching all relevant notices and any other materials relied upon by the licensing officer in making the decision.

C. Upon hearing of the matter, the city council may take such action or make such orders as the council deems just and proper in the disposition of the matter.

(Ord. No. 190, § 1, 9-16-2015)

It shall be unlawful and a violation of this chapter for any person, corporation, partnership or other entity to operate a firearms business within the City of Scotts Valley without a valid city license issued pursuant to this chapter.

(Ord. No. 190, § 1, 9-16-2015)

Any person or entity, whether as principal, agent, employee, or otherwise, violating or causing or permitting the violation of any of the provisions of this chapter, shall be guilty of an infraction for the first offense, or of a misdemeanor for any subsequent offense(s) occurring within the one year after the first offense. Upon conviction, the person convicted shall be punished in accordance with Chapter 4.04 of the Scotts Valley Municipal Code.

(Ord. No. 190, § 1, 9-16-2015)