Solvang Municipal Code Ch. 3 Handgun Sales

The purpose and intent of this chapter is to designate the city manager and designees as the duly constituted licensing authority to grant licenses permitting a licensee to sell handguns in the city pursuant to Penal Code sections 12070 and 12079.

(Ord. 88-85, 1988)

For the purposes of this chapter, the following words shall have the meanings given in this section. All other words or phrases used in this chapter shall have the same meaning given to those words and phrases in the Dangerous Weapon's Control Law.

Applicant.

The applicant for a license to sell a handgun pursuant to this chapter.

California Penal Code.

All references in this chapter to the California Penal Code shall refer to such provisions as they exist from time to time or to any successor provisions thereto.

Handgun.

Any pistol, revolver or firearm capable of being concealed upon the person, as those terms are defined by the Penal Code section 12001.

Licensee.

Any person granted a license pursuant to this chapter.

(Ord. 88-85,1988)

No person shall engage in the business of selling, transferring, advertising, offering or exposing for sale or transfer, any handgun unless that person has been issued a license pursuant to this chapter.

A. Application for License—Fee. An application for a license required by this chapter shall be made on a form obtainable from the city manager and prescribed by the attorney general of the state. An application must be accompanied by an application fee in an amount established by resolution of city council. This fee is not refundable in the event a license required by this chapter is denied. The license application as well as the application fee shall be submitted to the city manager.

B. Term and Renewal—Fee. Any license granted pursuant to this chapter shall have a term of one year. A license may be renewed annually upon submission of an application, and an application fee in an amount established by resolution of city council, at least 30 days prior to the date the license is to expire.

C. Approve or Deny Application. The city manager shall approve or deny the application for a license to sell handguns, or an application for a renewal of a license, within 30 calendar days from the date the application was received by the city manager. The city manager shall provide an applicant with written notice of the grounds for an intended denial of a license application. If the city manager fails to act within the 30 day period specified in this subsection, the license application shall be deemed denied. An applicant may appeal a denial or deemed denial to the city council pursuant to the provisions of title 1, chapter 6 of this code within 15 calendar days of such denial.

(Ord. 88-85, 1988; Ord. 99-201, 1999; Ord. 23-0373, §§ 5, 6)

A license granted pursuant to this chapter shall be subject to the following conditions:

A. The sale of handguns shall be conducted only in the building designated in the license.

B. The license or a copy thereof, certified by the city manager, shall be displayed on the premises designated in the license where it can be easily seen.

C. No handgun may be delivered except in accordance with Penal Code section 12071.

D. No handgun, nor any imitation thereof, nor any placard advertising the sale or other transfer of a handgun, shall be displayed in any part of the premises designated in the license if such handgun, imitation or placard can be readily seen from the outside of the premises.

(Ord. 88-85, 1988)

No license required by this chapter may be issued if:

A. The applicant is under 21 years of age.

B. The applicant is a person prohibited from possessing or purchasing a handgun by any provision of the California Penal Code.

C. The applicant has wilfully failed to disclose any material information required in an application for a license required under this chapter.

D. The applicant has made a false statement as to any material fact in connection with an application for a license required under this chapter.

E. The applicant is in violation, at the time of issuance or renewal of a license required under this chapter, of any provisions of this chapter or of any of the conditions contained in any license to sell handguns previously issued to the applicant pursuant to this chapter, or any condition otherwise contained in the California Penal Code.

F. The sale of a handgun at the location specified in the application would be prohibited by any provision of the zoning laws or ordinances of the city.

(Ord. 88-85, 1988)

A. The city manager shall revoke a license previously granted if the licensee violates any condition contained in this chapter or any condition contained in the California Penal Code or in the license sought to be revoked.

B. The city manager shall notify the licensee in writing of the revocation. The notice of revocation shall specify the grounds for revocation and the right of the licensee to apply for a hearing before the city council. The licensee must apply for a hearing within five days after receipt of the notice of revocation.

C. If the city manager revokes a license, and the licensee applies for a hearing before the city council, the effective date of the revocation shall be stayed until the licensee is given notice of the city council's determination following the hearing requested by the licensee.

(Ord. 88-85, 1988)