HomeMy WebLinkAbout1996-05-28 Ordinance 4351• •
ORDINANCE NO, 4351
ORDINANCE OF THB CITY OF PALO ALTO AMENDING
CHAPTER 4 .. 57 OF TITLB 4 OF THB PALO ALTO MUNICIPAL
CODE REGULATING FIREARMS DEALERS
The Council of the City of Palo Alto does ORDAIN as
follows:
SICIION 1~ The Council finds as follows:
(a} Chapter 4 .. 57 of Title 4 of the Palo Alto
MUnicipal Code was enacted in 1988 in response to requirements of
California law that local agencies accept applications for permits
to sell concealable firearms within their jurisdiction; and,
{b} California Penal Code sections 12070-12084 have
been amended to now require local agencies to establish a licensing
scheme for all firearms dealers, not just for dealers in
concealable weapons, and to require that all firearms dealers have
a federal firea~s license as well as California permits; and,
(c) Council desires to amend its regulations to
conform to the current. requ.ir~.ments of California law by expanding
its licensing requirements to cover all firearms dealers and
deleting the prior exception for infrequent sellers; andi
(d) Council desires to concurrently amend its
regulations to provide for investigation and authorization by the
police department not only for firearms dealers but also for all
employees, officers, and agents of firearms dealers in order to
assure that all these persons are not proh.ibited by federal or
state law from possessing firearms; and,
(e) Council desires to clarify its firearms dealer
regulations to require perrni.ttees to conform to building, fire,
health, and zoning restrictions of the Palo Alto Ml:.nicipal Code.
SECTION 2. Chapter 4. 57 of Title 4 of the Palo Alto
Municipal Code is hereby amended to read as follows:
FIREARMS DEALERS
4.57.010 Definitions.
{a) In addition to those words and phrases defined in
Section 4.04.010 of this code, the following words and phrases,
whenever used in this chapter, shall be construed as defined in
this section:
(l) •chief of police" means tle chief of police or
his or her designee ..
{2) acity• me~~s the city of Palo Alto.
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(3) •Firearms Dealer'" means a person engaged in the
business of selling, transferring, or leasing, or advertising for,
sale, transfer, or lease, or offering or exposing for sale,
transfer, or lease, any firearm.
(4) •Department" means the California Department of
Justice.
(5) "Engaged in the business• means the conduct of a
business by the selling, transferring, or leasing of any firearm;
or the preparation for such conduct of business as evidenced by the
securing of applicable federal or state licenses; or the hc•lding of
one's self out as engaged in the business of selling~ transferring,
or leasing of any firear.m; or the selling, transferring, or leasing
of any firearms in quantity, in aeries or in individual
transactions, or in any other manner indicative of trade.
(6) ~Personn means natural person/ association,
partnership, firm, or corporation.
(7) "'Firearm· .. means any revolver, rifle, shotgun or
any other device designed to be used as a weapon~ from which a
projectile is expelled through a barrel by the force of an
explosion or any other form of combustion. A .. Firearm" includes any
device defined as a fireanr~ by the California Penal Code as said
definition now reads or may hereafter be amended to read.
4.57.020 Per.mit --Required.
No person shall engage in the business of selling,
transferring or leasing, or advertising for sale 1 transfer or
lease, or offering or exposing for sale, transfer or lease within
this city any firearm unless that person has been issued a per.mit
pursuant to the provisions of this chapter.
4.57.030 Application --Por.a --Pees.
(a) An applicant for a permit under this chapter shall
file with the chief of police a sworn application in writing, on a
fonn to be furnished by the city, and the applicant and officers,
employees, and agents thereof sr~ll be photographed and
finge~~rinted by the chief of police. The applicant shall provide
all information requested~ including proof of compliance with all
applicable federal, state, and local laws when required by the
ehief of police, or the application will not be deemed complete~
The application shall be accompanied by a nonrefundable fee as set
forth in the municipal fee schedule.
{b) Any person proposing to engage in business as a
firearms dealer within this city shall secure the applicable
federal license and shall have thirty (30) calender days after
approval of such feder~l license to apply for a city permit in
compliance with the provision of this chapter and shall not engage
in the business as a firearms dealer within the city until the city
permit is issued.
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960530 syn 0042508
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4.57.040 Applicatiou ·-Inve•tigation.
The chief of police shall conduct an appropriate
investigation of the applicant to deter.mine for the protection of
the public safety whether the per.mit may be issued. The chief of
police may require additional information of an applicant which he
or she deems necessary to complete the investigation.
,.57.050 Application --Denial.
(a) The chief of police shall issue a firearms dealer
permdt to an applicant unless he or she finds any of the following:
(l) The applicant, or an officer, employee, or agent
thereof is under the age of twenty-one years;
(2) The applicant is not licensed as required by all
applicable federal, state* and local laws;
(3) The applicant, or an officer, employee~ or agent
the:ceof has had a similar type of permit previously revoked or
denied for good cause within the immediateiy preceding year;
(4) The applicant, or an officer, employee, or agent
thereof has knowingly made any false or misleading st~tement of a
material fact or oro~ssion of a material fact in the application for
a permit;
{5} The applicant, or an officer, employee, or agent
the:reof has been convicted of:
(A) Any offense so as to disqualify the
applicant, or an officer, employee, or agent th.ereof from owning or
possessing a fireann under applicable federal 1 sta.te, and local
laws,
(B) Any offense relating to the manufacture,
sale, possession, use, or registration of any fireatm or dangerous
or deadly weapon,
(C) Any offense involving the use of force or
violence upon the person of another,
(D) Any offense
dishonesty, or deceit,
involving theft, fraud,
(E) Any offense involving the manufacture, sala,
possession, or use of any controlled substance as defined by the
California Health and Safety Code as said definition no~ reads or
may hereafter be amended to read;
( 6) The appl~.cant, or an officer, employee, or agent
thereof is an unlawful user 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, or is an excessive user
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of alcohol, to the extent that such use would impair his or her
fitness to be a firearms dealer;
(7) The applicant, or an officer, employee, or agent
thereof has been adjudicated as a mental defective, or has been
committed to a ~ental institution, or suffers from any
psychological disturbance which would impair his or her fitness to
be a firearms dealer ;
(8) The operation of the business as proposed will
not comply with all applicable federal, state, and local laws;
(9} The business as proposed will be operated in the
following locations:
(A) Within a zoning district in which retail
service is not a permitted or conditional use,
(B) Within a zoning district in which
residential use is the principal permitted or maintained use, or
within two hundred fifty feet of the exterior limits of any such
district 1
(C) On or within two hundred fifty feet of the
exterior limits of any other premises occupied by a public or
private day care center or day care home, elementary school, junior
high school, or high school,
(D) On or within one thousand two-hundred feet
of the exterior limits of any other premises occupied by a dealer
in firearms, a cardroom, a massage establishment, and adult
entertainment establishment, or a hot tub/sauna establishment ..
Priority between such existing establishments shall be assigned in
accordance with the dates upon which such establishments commenced
such lawful operation, priority being given to the establishment
having the earliest of such dates. In the event any dispute arises
regarding said date, the applicant shall have the obligation to
establish the date on which he or she commenced lawful operation.
All distances referred to in this subsection shall be
measured between the closest points on the exterior property lines
or area boundaries of the parcels or areas involved, except that
when a dealer in firearms subject to the provisions of this chapter
occupies one unit of a multi-unit st~~cture located on a single
parcel, distances shall be measured from the exterior boundaries of
the unit occupied. This subsection shall supersede any and all
conflicting provisions regulating home occupations set out in Title
18 of this code;
{10) The applicant, or an officer, employee, or agent
thereof does not have and/or cannot p~ovide evidence off a
possessory interest in the property at which the proposed business
will he conducted;
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(11) The operation of the Firea~ Dealer business as
proposed in the application for the permit will violate any
. applicable building, fire, health or zoning requirements set forth
in this code;
{12) Any ground for denial specified in Section
4.04.140 of this code.
t.57.060 Perait --Por.a.
All permits issued pursuan~ to this chapter shall be in the
form prescribed by the Attorney Ger .'~ral of the State of california.
4.57.070 Per.ait --Duration --Renewal.
All permits issued pursuant to this chapter shall expire
one year after the date is issuance; provided, however, that such
permits may be renewed by the chief of police for additional
periods of one year upon approval of an application for renewal by
the chief of police and payment of the renewal fee. Such renewal
application ~1st be received by the chief of police, in completed
form, no later than forty-five days ft'ior to the expiration of the
current permic.
4o57~0SO Per.mit --Assignment.
The assignment or attempt to assign any permit issued
pursuant to this chapter is unlawful and any such assignment or
attempt to assign a pe:nnit shall render the permit null and void.
4.57.090 Permit ~-Conditions.
(a) Any permits issued pursuant to this chapter shall be
subject to all of the following conditions~ the breach of any of
which shall be sufficient cause for revocation of the permit by the
chief of police:
(1) The business shall be engaged in only in the
building located at the street address designated in the permit,
and only by such persons as specified in the permit; the business
may also be engaged in at such other locations or events as are
authorized by federal and state law provided that such location or
event conforms to the requirements of this code; any changes to the
approved location or to the persons authorized to act as officers,
employees, or agents of the permittee in engaging in the business
during the term of the permit must be approved by the chief of
police;
{2} The pennit or a copy thereof, certified by the
chief of police, shall be displayed on the premises where it can
easily be seen;
(3} The per-mittee shall comply with all federal and
scate firearms laws.
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Any permit issued pursuant to this chapter shall be subject
to such additional conditions as the chief of police finds are
reasonably related to the pu1~ses of this chapter~
4~57.095 BuaiDeae aDd Security RegulatiODB.
(a} All firearm dealers and officers, employees or agents
of the firearm dealer, shall comply with all provisions of
california Penal Code section 12071 regarding business regulations
and building specifications for fireanm security.
tb) All sellers of firearms shall protect such firearms
from theft during business hours in the following manner:
(1) All firearms shall be displayed in locked
cabinets, a secured rack, or a storage area so that access to
firearms is controlled by the dealer or an employee, to the
exclusion of all others.
(2) The firearm dealer or the dealer's aqent or
employee shall be present when a prospective buyer or seller is
handling any firearm prior to sale and delivery of the firearm.
4.57.100 Per.mit --Grounds for revocation.
In addition to any provisions contained in this chapter~
the provisions of Section 4. 04.140 of this code shall apply to
revocation of permits required under this chapter. Any
circumstances constituting grounds for denial shall also constitute
grounds for revocation.
4.57.110 Per.mit ·-Bearing.
(a) Any person whose application for a permit has been
denied, or whose permit has been revoked pursuant to the prov1s1on
of this chapter, shall have the right tc a hearing before the chief
of police prior to final denial or prior to revocation.
{b} The chief of police shall give the applicant or
permittee written notice of his is her intent to deny the
application or to revoke the permit. The notice shall set forth
the ground or grounds for the chief of police's intent to deny the
application or to revoke the permit~ and shall infor.m the applicant
or permittee that he or she has ten days from the date of receipt
of the notice to file a written request for a 'learing. The
application may be denied or the permit revoked if a written
hearing request is not received within the ten-day period.
(c) If the applicant or permittee files a timely hearing
request, the chief of police shall set a time and place for the
hearing. All parties involved shall have the right to offer
testimony, do\...-wnentary and tangible evidence bearing on the issues,
to be represented by counsel, and to confront and cross-examine any
witnesses against them. The decision of the chief of police
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,.'"',ether to deny the application or revoke the permit is final and
nonappealable.
4.57.120 Per.ait --Liability ~ance.
No permit shall be issued or continued pursuant to this
chapter unless there is in full force and effect a policy of
insurance in such form as the city attorney and risk manager deem
proper, executed by an insurance company approved by the city
attorney and risk manager, whereby the applicant or permittee is
insured against liability for damage to property and for injury to
or death of any person as a result of the sale, transfer, or lease,
or advertising for sale, transfer, or lease, or offering or
exposing for sale, transfer# or lease any firearm. The min£mum
liability limits shall net be less than one million dollars for
damage to or destruction of property in any one incident, and one
million dollars for the death of or injury to any one person;
provided, however, that additional amounts n'ay be required by the
city attorney and risk manager if deemed necessary. Such policy of
insurance shall contain an endorsement providing that the policy
will not be cancelled until notice in writing has been given to the
city, addressed in care of the chief of p0lice, 275 Forest Avenue,
Palo Alto, California, 94301, at least thirty· days immediately
prior to the time such cancellation becomes effective. F'urther,
such policy of insurance shall name the city, its officers, agents,
and employees as additional insureds. Additionally~ applicants and
permittee shall indemnify, defend 1 and hold harrr~ess the city, its
officers, agents and employees, from claims arising, from the
negligence of the applicant or permittee.
4.57.130 Per.mit -~ Authority to inspect.
Any and all investigating officials of the city shall have
the right to enter the building designated in the permit from time
to time during regular business hours to make reasonable
inspections to observe and enforce compliance with building,
mechanical, fire, electrical, plumbing, or health regulations, or
provisions of this chapter. A police investigator 1 may conduct
compliance inspections to ensure conformance with all federal,
state, and local laws, and the provisions of this chapter.. A
warrant shall be obtained whenever required by law.
4.57.140 --Compliance.
Any person engaging in the business of selling,
transferr~ng, or leasing, or advertising for sale, transfer or
lease, or offering or exposing for sale, transfer or lease, any
firearm on the effective date of the ordinance codified in this
chapter shall have a period of sixty d~ys after such effective date
to comply with the provisions of this chapter.
4.57.150 Severability.
This chapter shall be enforced to the full extent of the
authority of the City of Palo Alto. If any section, subsection,
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paragraph, sentence or word of this chapter is deemed to be invalid
or beyond the authority of the City of Palo Alto. either on its
face or as applied, the invalidity of such provision shall not
affect the other sections, subsections, paragraphs, sentences, or
words of this Chapter, and the applications thereof; and to that
end, the section, subsections, paragraphs, sentences and words of
this Chapter shall be deemed severable.~
SECTION 3. 1~e Council hereby finds and determines that
this action is not a project for which environmental review is
required.
SECTION 4.
commencement of the
adoption.
This ordinance shall be effective
thirty-first day after the date
INTRODUCED: May 13, 1 996
PASSED: May 28, 1996
on
of
the
its
AYES: ~~ERSEN, FAZZINO, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, SIMITik~$ ~~EELER
NOES:
ABSTENTIONS:
ABSENT: HUBER
THiS DOCUMENT IS CERTiF!EO TO BE AN
OROINAt<CC: OULV PASSED BY THE COUNCIL
OF TH ': C~iY OF PALO AlTO AND
TH~f _-:. :-;:::rt PO~D IN fE ':Pll/i.Cil
CH:.. . · :~~~ ON C V ~ (WITHIN 15 OA\'~ J.· •iS PASSAGt
·•t cr~U·• (Or declare) under penalty
of p~•·1 ury t~at the foregomg is true
~r.;, tl~,f~ CA~h4£i!l-, ~~ & Place /~ Signature
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