Chapter 5.60 — GUN DEALERS

Editor's Note: Gun dealers holding a valid business license on May 4, 1994 shall not be required to comply with Section 5.08.070 (the public hearing requirement for gun dealers desiring to obtain a new license) and subsection (6) of Section 5.60.030 (demonstration of a need and distancing requirements from a public or private school or day care, a public park, or other gun dealer licensee), and subsection (2) of Section 5.60.040 (the requirement that the applicant obtain landlord approval prior to the granting of a business license for a gun dealer business). Existing gun dealer licensees, however, must comply with all other provisions of this chapter.

For purposes of this chapter, the following terms shall have the following meanings:

"Engages in the business" shall mean the conducting of a business by selling, leasing, or otherwise transferring, for a consideration, any firearm, firearm munition or firearm ammunition component; or the holding of one's self out as engaged in the business of selling, leasing or otherwise transferring for a consideration any firearm, firearm munition, or firearm ammunition component in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

"Firearm" shall include, without limitation, any revolver, pistol or any other device designed to be used as a weapon or modified to be used as a weapon, that expels a projectile by the force of an explosion or other form of combustion.

"Firearm ammunition" shall mean any cartridge or encasement containing a bullet or projectile, propellant or explosive charge, and a primer which is used in the operation of a firearm.

"Firearm ammunition component" shall mean any cartridge or encasement, bullet or projectile, primer or propellant or explosive material used to manufacture ammunition.

"Gun dealer" shall mean any person who engages in the business of selling, leasing or otherwise transferring for a consideration to members of the public any new or used firearm, as well as any firearm ammunition or any firearm munition component.

"Person" shall mean a natural person, association, partnership, firm or corporation or combination thereof.

(Prior code § 6353(a); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995; Ord. 95-451 §§ 25 – 28, 1995)

1. License Form. Any license issued to operate as a gun dealer shall be on a form approved by the city.

2. Application Form. Notwithstanding any other provision of this chapter, every applicant for a gun dealer license shall fill out the application form prescribed by the California State Attorney General in addition to the city's application for a business license pursuant to 5.08.040.

(Prior code § 6353(b); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.60.030

§ 5.60.030

In addition to the applicant's compliance with all other requirements of this title, a background check and recommendation pertaining to the applicant will be referred to and conducted by the Los Angeles County Sheriff's Department on behalf of the city. The applicant must obtain a favorable background recommendation from the Los Angeles County Sheriff's Department. In addition to compliance with all the requirements of this title, the applicant, manager(s), and employee(s) must meet the following criteria as applicable:

1. The applicant, and any existing or prospective manager(s) and employee(s), must be at least twenty-one years of age.

2. The applicant, and any existing or prospective manager(s) and employee(s), must be properly licensed as required by all applicable federal and California laws.

3. The applicant, and any existing or prospective manager(s) and employee(s), must not have had a similar type of license previously revoked or denied for good cause within the immediately preceding two years prior to the license application.

4. The applicant, and any existing or prospective manager(s) and employee(s), must not have been convicted of:

   • (a) Any offense so as to disqualify the applicant, manager or employee from owning or possessing a firearm under applicable federal and California laws;

   • (b) Any offense relating to the manufacturing, sale, possession, use or registration of any firearm or other dangerous or deadly weapon;

   • (c) Any offense involving the use of force or violence upon the person of another;

   • (d) Any offense involving theft, fraud, dishonesty or deceit;

   • (e) Any offense involving the manufacture, sale, possession or use of any drug or controlled substance itemized on any schedule pertaining to drugs and other controlled substances of the California Health and Safety Code.

5. The applicant, and any existing or prospective manager(s) and employee(s), must not have been adjudicated to be mentally incompetent, or have been committed to a mental institution.

6. The applicant must demonstrate that, on or after May 19, 2025, the location for which the license is sought is not located within one thousand feet of:

   • (a) A public or private day care center or school, or a public park.

   • (b) Any other premises operated by a gun dealer licensee.

   • (c) An establishment that offers Alcoholic Beverage Sales, as this term defined in WHMC Section 19.90.020, either within or outside the city.

7. The applicant must provide a copy of each of the following:

   • (a) Valid federal firearms license;

   • (b) Valid seller's permit issued by the state Board of Equalization; and

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City of West Hollywood, CA § 5.60.030

WEST HOLLYWOOD CODE

§ 5.60.040

• (c) Valid certificate of eligibility issued by the Department of Justice.

8. Existing or prospective manager(s) and employee(s) shall hold and maintain a valid certificate of eligibility from the Department of Justice as a condition of their employment and submit an "Employee Certificate of Eligibility Report of Employment" form (BOF 117) to the Department of Justice upon employment.

9. Upon renewal of the business license, the applicant shall provide to the city copies of valid certificates of eligibility for all manager(s) and employee(s).

(Prior code § 6353(c); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995; Ord. 95-451 § 25, 1995; Ord. 16-990 § 1, 2016; Ord. 17-1019 § 11, 2018; Ord. 25-11, 6/9/ 2025)

Any and all licenses granted pursuant to this chapter are subject to the following conditions, in addition to any conditions imposed by the Commission, breach of any of which subjects the license to revocation:

1. The business activity shall be carried on only in the building designated in the license, which shall be located in a properly zoned commercial district, unless the gun dealer qualifies as a home occupation under federal and state law and is in full compliance with the home occupation provisions contained in the Zoning Ordinance. In no event shall a licensee, operating as a home occupation, store or maintain firearms, ammunition, or any firearms ammunition component within the residential dwelling in which the business is being conducted. Notwithstanding any other provision of this title, a license under this chapter shall be required for gun dealers operating as a home occupation.

2. If the applicant is not the owner of record of the building within which, and the real property upon which, the gun dealer business is to be located and conducted, then he or she shall obtain prior written consent from the owner of record of such building and real property to operate a gun dealer business, and such written consent from the owner of record shall be attached to the city's business license application.

3. All federal, California and city-issued licenses, permits or copies thereof, certified by the issuing authority, shall be posted in a conspicuous manner on the premises in which the business is being conducted.

4. No firearm, firearm ammunition or reproduction of either advertising the sale, lease or transfer, for a consideration of either, shall be displayed in any part of the premises where it can readily be seen from the outside.

5. The licensee shall maintain on the licensed premises accurate records of all firearm and ammunition sales, as well as a complete inventory of all firearms in stock, by classification and serial number, for a period of not less than three years.

   • (a) The records required by this subsection (5) pertaining to the recordation of firearm and ammunition sales shall indicate:

     • (1) The date that the purchaser purchased the firearm(s) and/or ammunition;

     • (2) The purchaser's name, address and date of birth;

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City of West Hollywood, CA

§ 5.60.040

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.60.040

• (3) The purchaser's driver's license number or other identification number and state where issued;

• (4) The make, brand, model and/or type of firearm(s) purchased;

• (5) The brand of ammunition purchased;

• (6) The type and amount of ammunition purchased;

• (7) The purchaser's thumbprint, from both the right hand and left hand; and

• (8) The purchaser's signature.

• (b) This information required by this subsection (5) shall be recorded at the time of purchase and shall be maintained in a log book in a form substantially as follows:

==> picture [425 x 131] intentionally omitted <==

----- Start of picture text -----
Ammunition/Firearm Sales Records Log
Store: ___________
Driver's Ammunition
License/ID Firearm Brand and
Date of No. and Make/Brand/ Amount Purchaser's
Date Name Address Birth State Model/Type Purchased Signature
----- End of picture text -----

• (c) The licensee's firearm and ammunition sales records and firearm and ammunition inventory records shall be open to inspection at the request of the city or the Los Angeles County Sheriff's Department.

• (d) The licensee shall also provide the city with an annual report of the gross revenue received during the previous year itemized by the quantity and classification of firearms and ammunition sold on a form provided by the city signed under penalty of perjury.

6. The licensee shall comply with any city continuing education requirement relating to firearms as the city may from time to time impose.

7. The licensee shall provide all firearm purchasers comprehensive instructions, prepared by the licensee and approved by the city, pertaining to the use, maintenance, storage and safety precautions relating to the firearm purchased.

8. The licensee shall comply with all security measures imposed by the license issued pursuant to this chapter upon recommendation of the Los Angeles County Sheriff, including, but not limited to, locks, lighting, alarms, storage and access to firearms.

9. The licensee shall comply with Section 9.04.210 of the West Hollywood Municipal Code as well as all applicable sections of the California Penal Code, including, but not limited to, Sections 16130, 16150, 16300, 16400, 16550, 16810, 17110, 26700-26915, 27500-27590, 28100, 28150-28180, 28200-28250, 30300, 30305, and 30310.

10. The licensee shall conduct a criminal background check on any existing or prospective

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City of West Hollywood, CA § 5.60.040

WEST HOLLYWOOD CODE

§ 5.60.060

manager(s) or employee(s).

11. The licensee shall post conspicuously within the licensed premises in an area where guns and ammunition are sold the following warning in block letters not less than one inch in height:

WARNING: THE CITY OF WEST HOLLYWOOD HAS DETERMINED THAT GUNS IN THE HOME ARE MUCH MORE LIKELY TO BE USED TO KILL OR INJURE A HOUSEHOLD MEMBER THAN TO PROTECT AGAINST AN ATTACKER. IT IS SAFEST NOT TO KEEP A GUN IN THE HOME. IF A GUN IS KEPT IN THE HOME, IT SHOULD BE KEPT UNLOADED AND SECURELY LOCKED AND AMMUNITION SHOULD BE LOCKED SEPARATELY.

12. The licensee shall also provide all firearm purchasers with a bill of sale for the purchase of a firearm which includes the warning language required in subsection (11) of this section. The warning shall be conspicuously placed on the bill of sale in block letters.

(Prior code § 6353(d); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995; Ord. 95-451 §§ 26 – 28, 1995; Ord. 98-523 §§ 2, 3, 4, 1998; Ord. 02-634 § 1, 2002; Ord. 07-745 § 1, 2007; Ord. 16-990 § 1, 2016)

All licenses issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that a license may be renewed pursuant to Section 5.08.130 for additional one-year periods upon approval of an application for renewal that complies with all provisions of the Business License Ordinance.

(Prior code § 6353(e); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995)

The assignment of or attempt to assign any license issued pursuant to this chapter is unlawful and any such assignment or attempt to assign a license shall render the license null and void. (Prior code § 6353(f); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995)

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City of West Hollywood, CA

BUSINESS LICENSES, REGULATIONS AND PERMITS

§ 5.64.010

§ 5.64.030