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HomeMy WebLinkAboutNS-2205 - Adding Article IX to Chapter 10 of Santa Ana Municipal Code Pertaining to Licensing of Firearm SalesORDINANCE NO. NS-2205 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADDING ARTICLE IX TO CHAPTER 10 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO THE LICENSING OF FIREARMS SALES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 10 of the Santa Ana Municipal Code is hereby amended by adding an article thereto, to be numbered IX and to consist of sections to be numbered 10-500 through sections 10- 527, which said article reads as follows: ARTICLE EX LICENSING OF FIREARMS SALES Bec · 10-500. Purpose and scope. (a) The purposes of this article are as follows: (1) (2) To implement Article 4 (commencing with section 12070) of Title 2 of Part 4 of the Penal Code of the State of California. To provide procedures for the grant or denial of licenses for the sale, lease, or transfer of firearms and the suspension or revocation of the same. (3 To regulate the sale, lease or transfer of firearms as necessary and appropriate for the protection of the public health, safety and welfare. (b) This article applies to all sales, leases and transfers of firearms for which a license is required by Penal Code section 12070. Beo. 10-502. Definitions. As used in this article the following terms shall have the following meanings: Chief of police means the chief of police of the city of Santa Aha and any employee within the Santa Ana Police Department who is designated by the chief of police to act as his representative in 1 ORDINANCE NS-2205 ~3~4 PAGE 2 the implementation of this article. Penal Code means the Penal Code of the State of California, as it may from time to time be amended. License and licensee mean the license required by Penal Code section 12070 and the person holding such a license, unless the context shows that a different type of license is meant. Other terms used in this article shall have the same meanings as set forth in the Penal Code. Sec. 10-502. Chief of Police as licensing authority. The chief of police is the duly authorized licensing authority for licenses granted pursuant to Penal Code sections 12070 and 12071. Sec. 10-503. Fixed place of business required. Each licensee must have a fixed place of business and possess all permits, licenses, certificates, variances or other instruments of approval or evidences that any conditions exist for the sale of firearms as required by any other section of this Code or by any statute or code provisions of the state. Except as may otherwise be provided by the Penal Code, all sales of firearms may only be made at said fixed location. Sec. 10-504. Branch establishments; multiple places of business - Separate licenses required. A separate firearm seller's license fee must be paid and a separate firearm seller's license obtained for each branch establishment of the business transacted and carried on within the city. Sec. 10-505. Overlapping business. If in addition to the business of selling firearms any person shall engage in, conduct, manage, or carry on at the same time and on the same premises any other business requiring any permit, license, certificate, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or by any statute or code provisions of the state, such person shall comply with all of the provisions affecting each business. ORDINANCE NS-2205 3~6 PAGE 3 Bec. 10-506. Licensee responsible for the conduct of the business. It shall be the duty of the licensee to see that no firearms are sold or offered for sale in violation of this article or the Penal Code. Sec. 10-507. Retention and maintenance of sales information and sales records; inspection. (a) Ail firearm and ammunition sales information and sales records shall be retained for a period of three years and shall be maintained and stored within the licensed location during normal business hours. All such records shall be maintained in an orderly manner, consistent with federal, state and local laws and shall be located so that all records are immediately and readily accessible for inspection in a specific space allocated for record retention. (b) Ail sales information and records relating to sales of firearms and/or ammunition shall be made available to any police officer or other duly authorized representative of the chief of police upon request. Stock in trade shall likewise be made available for inspection as appropriate to allow for comparison of such stock with business records. No licensee shall attempt to dissuade or impair said officers' or duly authorized representative's inspection. Sec. 10-508. Evidence of doing business as a seller of firearms. When any person shall by the use of signs, circulars, cards, telephone books, newspapers, or trade publications, advertise, holdout, or represent that he or she is a seller of firearms, or when any person holds an active license, certificate, or permit issued by a governmental agency indicating that he or she is a s%ller of firearms within the city and such person fails to deny in a sworn statement given to the chief of police that he or she is not a seller of firearms within the city, after being requested to do so by the chief of police, then these facts shall be considered prima facie evidence that such person is a seller of firearms within the city. sec. 10-509. Rules and regulations. The chief of police shall adopt and enforce by rules and regulations security requirements for the protection from theft of firearms and ammunition sold and maintained by the licensee. Such rules may require that licensee provide burglar alarm systems, separate storage areas for ammunition and other measures designed to prevent the theft of such merchandise from the premises of 3 0R0 NANC . NS-220S licensee. The chief of police shall also have the power to adopt other rules and regulations not inconsistent with the provisions of this article as may be necessary or desirable to aid in the enforcement of the provisions of this article. Bec, lO-510. Term and renewal of licenses. Licenses issued pursuant to the provisions of this article, unless sooner revoked, suspended or canceled, shall be effective for a period of one year from the date of issuance; and may be thereafter renewed annually. Applications for renewal shall be treated as applications for an initial license and shall be subject to all applicable provisions of this article. Applications for renewal s~all be filed with the chief of police not later than thirty (30) days before the expiration of the current license. Sec. 10-511. Application for license. (a) An application for a license shall be filed with the chief of police on forms furnished by the chief of police. Said application shall be accompanied by a fee in an amount established by resolution of the city council, and shall contain the following information: (1) The name, date of birth, driver's license number, social security number, fictitious business name or names under which the applicant is registered to operate, business and residence address of the applicant, if a natural person, or if a corporation, its name, date and place of incorporation, federal employer identification number, address of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the fictitious name or names under which the partnership is registered to operate, the names of the partners, driver's license numbers, social security numbers, of the persons comprising such association or company, and the business and residence of each partner or person; (2) (3) The business, occupation, or employment history of the applicant for three (3) years immediately preceding the date of the application; including, if applicable, the applicant's business license and police permit history; Ail criminal convictions or proceedings in which a plea of guilty or nolo contendere was entered; (4) Such other identification and information as the chief of police deems necessary to carry out the purposes of this article. ORDINANCE NS-2205 PAGE 5 (b) The application submitted shall be accompanied by copies of the following licenses, permits, and certificates: (1) A valid federal firearms license issued in the name of applicant. (2) A valid seller's permit issued by the State Board of Equalization in the name of applicant issued for the City of Santa Ana. (3) A valid certificate of eligibility issued by the California Department of Justice. (4) A valid City of Santa Ana business license issued for the retail sale of firearms. (5) A statement of zoning code compliance in accordance with subsection (c) of this section. (c) Any person who desires to obtain a license pursuant to this article may request a statement of zoning code compliance from the planning manager. Any such request shall be in writing and shall specify the location as to which the license will pertain and the nature of the activities to be conducted at that location by the licensee if the license is granted. The planning manager or his or her designated representative may require such additional information as may be necessary to determine whether the conduct of such activities at such location complies with the requirements of Chapter 41 of this code. If the planning manager or his or her designated representative determines either (i) that such activities at such location will comply with said Chapter 41 without the necessity of any permit, variance or other entitlement of use pursuant to that chapter, or (ii) that any such necessary permit, variance or other entitlement of use has been granted, the planning manager or his or her designated representative shall sign and deliver to the chief of police, with a copy to the person requesting it, a statement of zoning code compliance. Sec. 10-512. Denial of license application. The chief of police, within thirty (30) days from the date a completed application is filed or longer upon a showing of good cause, shall cause an investigation of the applicant, and the application for a license may be denied within such period of time on any of the following grounds: (1) The applicant is a person under the age of eighteen (18) years; (2) The applicant is unable to provide any of the items required by subsection (b) of section 10-511. PAGE 6 (3) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has committed or aided or abetted in the commission of any act or act of omission which if committed by a permittee would be grounds for suspension or revocation of a license; or (4) The applicant, his agent or employee, or any person connected or associated with the applicant as partner, director, officer, stockholder, associate or manager has been refused a license or had a license revoked or has been an officer, director, member, partner or manager of any corporation or partnership which has been refused a license or had a license revoked. Sec. 10-513. Notice of denial of license. The chief of police, within the period of time specified in section 10-512, shall notify the applicant of his intention to deny an application for a license. Service of such notice shall be made personally or by United States mail. The notice shall include the reasons for denial and be accompanied by a statement that the applicant may request a hearing in accordance with section 10-516 within ten days of the date of the notice. In the absence of any such request for hearing the denial shall become final upon the expiration of the ten-day period. Sec. 10-514. Suspension or revocation of license -- generally. The chief of police may, in his discretion or upon the verified complaint in writing of any person, investigate the actions of any licensee and may temporarily suspend for a period not exceed (90) ninety days or revoke the license of any licensee who commits any one or more of the acts or omissions specified in section 10-515. The chief of police shall notify the applicant of his intention to suspend or revoke the license. Service of such notice shall be made personally or by United States mail. The notice shall include the reasons for suspension or revocation and be accompanied by a statement that the applicant may request a hearing in accordance with section 10-516 within ten days of the date of the notice. In the absence of any such request for hearing the decision to suspend or revoke the license shall become final upon the expiration of the ten-day period. Sec. 10-515. Suspension or revocation of license -- grounds. It shall be grounds for suspension or revocation of a license if any licensee, or his or her agent or employee, or any person 6 PAGE 7 connected or associated with the licensee as partner, director, officer, stockholder, general manager, or person who is exercising managerial authority of or on behalf of the licensee does any of the following: (i) Knowingly makes any false, misleading or fraudulent statement of a material fact in an application for a firearm license, or in any report or record required to be filed with the police department. (2) Commits any act or omission which is grounds for forfeiture of a license under Penal Code section 12071. (3) Violates any statute pertaining to the sale, lease or transfer of firearms. (3) Fails to maintain in effect the licenses, permits, certificates and zoning code compliance required by subsection (b) of section 10-511. Sec. 10-516. Hearing by the chief of police; appeal. (a) Upon receipt of a request for hearing as provided in this article, the chief of police shall notify licensee by United States mail of the time and place of such hearing. Such hearing shall be held within thirty (30) days after the chief of police's receipt of a request for hearing, unless the licensee waives this time period in which case the hearing may be held on a later date. Any hearing, once commenced, may be continued by the chief of police or at the request of the licensee. At the conclusion of such hearing, the chief of police may render a decision which shall become effective immediately; or in the alternative, the chief of police may elect to render a written decision which shall be furnished the licensee by United States mail not less than ten (10) days following the conclusion of the hearing. Such written decision shall become effective five (5) days after the date of mailing of the notice. (b) The decision of the chief of police may be appealed in accordance with the provisions of chapter 3 of this Code, and the licensee shall have the burden of proving that the decision rendered by the chief of police was unreasonable, erroneous or a clear abuse of discretion. Sec. 10-517. New application after denial or revocation of firearm seller's license. When the firearm seller's license of any person is revoked for cause, no new or other application for a firearm seller's license from the same person shall be accepted within one year after such ORDINANCE NS-2205 83~ PAGE 8 revocation. When an application for a ~irearm seller's license is denied for cause, no new or other application for a firearm seller's license from the same person shall be accepted within one year after denial unless the applicant can show a material change in his or her situation which would justify the issuance of such firearm seller's license. 8sc. 10-518. Contents of license. Ail licenses shall be prepared and issued by the chief of police upon the approval of the applicant's application and payment to the city of the required fee. Each license so issued shall state upon the face thereof the following: (1) The license number of the firearm seller's license. (2) The date of expiration of such license. (3) The persons to whom the such license is issued, and where the said persons are doing business under a fictitious name; both the actual and fictitious names to whom the such'license is issued. (4) The situs address at which licensee is approved to conduct business. (5) The State Board of Equalization seller's permit number issued to licensee. (6) The federal firearms license number issued to licensee. (7) The Department of Justice certificate of eligibility number issued to licensee. (8) Any additional statement the chief of police may deem necessary or which the state may require. Sec. 10-519. Use of license by unlicensed person. No person holding a license required by this article shall permit any other person to use the license, the licensed premises or the licensee's name for the purpose of evading any provision of this article. @ © © Sec. 10-520. Duplicates. A duplicate license may be issued to replace any license previously issued hereunder which has been lost or destroyed upon the licensee filing a statement of such fact, and, at the time of ORDINANCE NS-2205 ~38 PAGE 9 filing such statement, paying a duplicate license fee equal to ten (10%) per cent of the original fee for the firearm seller's license. Sec. 10-521. Posting. Every licensee shall keep the license prominently posted in a conspicuous and public place upon the premises specified in the license where such business is carried on. All other federal, state, and city licenses, certificates, and permits relative to conducting the business of firearm sales shall likewise be posted together with the firearm seller's license. Sec. 10-522. Prohibition of display of suspended or revoked license. No person shall reproduce, duplicate, copy or alter an original firearm seller's license for the purpose of circumventing the requirement of this section by giving a false or misleading impression that any duplication of an original license is valid and that the appropriate fee therefor has been paid; neither shall any person exhibit a suspended or revoked license. Seo. 10-523. Transferability. (a) Licenses shall not be transferable except as provided in this section. (b) When a business for which a license has been issued is sold or transferred to one of the transferees listed in this section, the chief of police may endorse a change of ownership on such license upon written application by the transferee. Only the following transferees or successors shall be entitled to such transfer of permit. (1) Duly qualified representatives of licensees regularly appointed by courts of competent jurisdiction, assignees for the benefit of creditors, and spouses or children of deceased licensees; (2) The surviving partner or partners of a dissolved partnership; (3) A new partnership consisting of the members of a predecessor partnership, plus their spouse or spouses of any such members; (4) A new corporation organized and controlled by an individual or unincorporated licensee for the purpose of 9 ORDINANCE NS-2205 ~40 PAGE 10 acquiring, and which has acquired the assets of the business previously owned and operated by such licensee; (5) Upon dissolution of a closely held corporation, the stockholders to whom the assets are distributed. (c) A transferee or successor entitled to a transfer of a license must file an application for such transfer with the chief of police within thirty (30) days after he assumes of the business. The chief of police may require such evidence of the transfer of ownership or control as he deems necessary. A fee equal to twenty (20%) per cent of the original fee for the license shall accompany the application. (d) The chief of police shall transfer the license to an applicant entitled to such transfer unless he finds that the transfer will adversely affect the peace, health, safety, and general welfare of the public or that the transferee does not possess the qualifications required of original applicants. Sec. 10-524. Change of location. Where no conflict exists with the city's zoning regulations, as evidenced by a new statement of zoning code compliance pursuant to subsection (c) of section 10-511, a change of location may be endorsed on a firearm seller's license by the chief of police upon written application by a licensee, accompanied by a change of location fee equal to twenty (20%) per cent of the original fee for the firearm seller's license shall accompany the application. Bec. 10-525. No refund upon termination of business. The license fee paid under the terms of this article is not refundable upon termination of a business or for any unused portion or term of a license period. Sec. 10-526. Right of entry. The chief of police or any police officer shall have the power and authority to enter the premises of any business engaging in firearms sales, leases or transfers for which a license is required during business hours, free of any charge, and at such other times as may be reasonable following due process of law, and request a display of the required license together with any other federal, state, and city licenses, certificates, and permits relative to conducting the business of firearm sales. No person having custody or control of such place of business shall fail to comply with any such request. 10 ORDiNAnCE NS-220S 342 PAGE 11 sec. 10-527. Penalty for violation. Every violation of the provisions of this article shall be deemed to be a misdemeanor, and upon conviction thereof shall be punishable as provided for in section 1-8 of this Code. Each day any violation of any said provision of this article shall continue shall constitute a separate offense. SECTION 2: The provisions of Article IX of Chapter 10 of the Santa Ana Municipal Code, as added to the said Code by this ordinance, shall apply to all persons and businesses described therein whether established before or after the effective date of this ordinance; provided, however, that where a firearm sellers' license has been issued to any business by the city pursuant to Section 12071 of the California Penal Code prior to the effective date of this ordinance and such license has not expired, then the said license shall continue to be a valid license for purposes of said Article IX until the expiration of said license. SECTION 3: Until such time as a different fee may be set by resolution of the City Council the fee for an application for the license specified in sections 12070 and 12071 of the Penal Code of the State of California shall be $ 103.00 SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent juriSdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 5: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. 11 ORDINANCE NS-2205 3~44 PAGE 12 ADOPTED this ATTEST: rk of the Counci~l / COUNCILMEMBERS: Young Aye Pulido Aye Lutz Aye Mills Absent Moreno Aye Norton Aye Richardson Aye 4th day of October 1993. Mayor ~ APPROVED AS TO FORM: City Attorney CERTIFICATE OF ORIGINALITY & PUBLICATION State of California County of Orange I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Ordinance ~q - ~ ~ to be the original ordinance adopted by the City Council of the City of Santa Aha on /t9 - ~/- ~ 3 ; and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: /o,,/X/~._"~ 12 e Cou~~- City of Santa Ana "- ~