SR-8-B (116)
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LUTM'SF:DKW:f:\plan\share\council\strpt\gunords
Councll Mtg: May 24, 1994 Santa Monlca, Callfornla
TO: Mayor and Clty Council
FROM: City Staff
SUBJECT: Extension of Ordinance l735 (CCS) Prohlblting Home
Occupatlon Permlts and Business Llcenses for the Sale,
Transfer, or Lease of Flrearms or Munltlons ln Any
Resldential District, Providlng for the Revocatlon of
EXlsting Permits, and Establlshing a Conditlonal Use
and Police Permit System
INTRODUCTION
ThlS report recommends that the Clty Councll extend for elghteen
months Ordlnance 1735 (CCS) I WhlCh regulates gun and munitlon
perPl ts
BACKGROUND
On Apr~l 12, 1994 the Clty CouDell adopted Ordlnance 1735 (CCS)
on aT: emergency basis to regulate gun and munltlon permits and
~~censes in the City. ThlS ordinance 15 valid for a period of 45
days from lts adoptlon and will explre if not extended. The
attached proposed ordlnance would extend the provislons of
Ordlnance 1735 for a perlod of 18 months, to allow time for
permanent standards to be enacted.
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BUDGET/FINANCIAL IMPACT
Extenslon of Ordlnance 1735 would result ln ffilnor flscal impacts
In that it wlll result ln non-renewal of affected eXlstlng
bus~ness licenses, wh~ch are relatlvely few in number.
L~cense
revenues would be dimlnished accordingly.
RECOMMENDATION
It lS respectfully recommended that the Councll adopt the
attached ordlnance.
Prepared by.
Suzanne Frick, LUTM Dlrector
D. Kenyon Webster, Plannlng Manager
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LUTM'SF:DKW f.\plan\share\councll\strpt\gunords
Council Mtg May 24, 1994 Santa Monlca, Californla
TO' Mayor and Clty Councll
FROM' City Staff
SUBJECT: Extenslon of Ordinance 1735 (CCS) Prohibiting Home
Occupation Permlts and Business Licenses for the Sale,
Transfer, or Lease of F~rearms or Munltlons ln Any
Resldential Distrlct, Provldlng for the Revocatlon of
EXlsting Permits, and Establlshing a Conditional Use
and Police Permlt System
INTRODUCTION
ThlS report recommends that the Clty Council extend for elghteen
months Ord~nance 1735 (CCS), WhlCh regulates gun and mun~tion
permits.
BACKGROUND
On April 12, 1994 the Clty Councll adopted Ordlnance 1735 (CCS)
on an emergency basls to regulate gun and munltlon permlts and
licenses in the Clty
This ordinance lS valld for a period of 45
days from ltS adoption and will explre ~f not extended. The
attached proposed ordinance would extend the provisions of
Ordinance 1735 for a perlod of 18 months / to allow tlme for
permanent standards to be enacted.
- 1 -
BUDGET/FINANCIAL IMPACT
Extension of Ordlnance 1735 would result ln mlnor fiscal impacts
In that it wlll result In non-renewal of affected existing
buslness llcenses, which are relatlvely few In number
Llcense
revenues would be dlminished accordlngly
RECOMMENDATION
It is respectfully recommended that the Council adopt the
attached ordinance.
Prepared by:
Suzanne Frlck, LUTM D~rector
D Kenyon Webster, Plannlng Manager
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CA:MM:J:muni\laws\jl\gun2.ord
City Council Meeting 5-24-94
Santa Monica, California
ORDINANCE NUMBER 1745
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA PROHIBITING HOME OCCUPATION PERMITS AND BUSINESS
LICENSES FOR THE SALE, TRANSFER, OR LEASE OF FIREARMS
OR MUNITIONS IN ANY RESIDENTIAL DISTRICT, PROVIDING
FOR THE REVOCATION OF EXISTING
PERMITS, ESTABLISHING A CONDITIONAL USE AND POLICE PERMIT
SYSTEM AND DECLARING THE EXISTENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
SECTION 1. Flndlnqs and Purpose. The city Council f1nds and
declares:
(a) Firearms are used in several hundred crlmes includ1ng
homicide, rape, robbery, and aggravated assault in the Clty of
Santa Monica each year.
(b) The accidental discharge of a firearm can lead to serious
injury or death especially when it occurs in residentlal areas.
(c) Inadequately secured firearms can be stolen and such
firearms can then be used ln further serlOUS crlm1nal activitles.
(d) The sale of firearms or Munitions ln residential
dlstricts or in resldential property is lncompatible wlth the use
of the district or property for dwelling purposes.
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(e) Neither the state of California nor the federal
government has sufficiently addressed the problems resulting from
the increased availability and use of firearms in urban areas such
as the City of Santa Monica.
SECTION 2 .
Business Licenses.
(a) The Zoning Administrator shall deny a Home Occupation
Permit to any person \vho operates or manages any business or
occupation which sells, transfers, leases or offers or advertises
for sale, transfer or lease any firearm or mun~tion.
(b) No person shall operate any business which sells,
transfers, leases or offers or advertises for sale, transfer or
lease any firearm or munitlon in any residential (IIRII) dlstrict or
in any property utilized for any residentlal use.
(c) The Director of Finance shall deny a business license,
including any request to renew a license previously issued, to any
person who operates or manages any business or occupation which
sells, transfers, leases, or offers or advertises for sale,
transfer or lease any firearm or mun1tion in any residential (IIRII)
district or ln any property utilized for residential use.
(d) The Director of Finance shall only issue a bUS1ness
license to any person who operates or manages, or who proposes to
operate or manage, any business which sells, transfers, leases,
offers or advertises for sale, transfer, or lease any firearm or
Prohibition on Home Occupation Permits and
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mun~tion if the person obtains all necessary permits or other
licenses required by federal, state and city law.
SECTION 3. Firearms Dealer Permit and Conditional Use Permit
Required for Sale of Gun or Munitlon. Any person who operates or
manages, or who proposes to operate or manage[ any business which
sells, transfers, leases, offers, or advertises for sale, transfer
or lease any f1rearm or Tlunition, in any location where such
business is permitted shall obtain a conditional use permit and
shall obtain a firearms dealer permit from the Chief of Police,in
addition to any other permits required by law prior to operating or
managing the business.
SECTION 4. Revocation of Hone Occupation Permlts and Business
Licenses.
(a) The Zoning Admin1strator may revoke any approved Home
Occupation Permlt which author~zed a person to operate or manage
any business which sells, transfers, leases, offers or advertises
for sale, transfer, or lease any firearm or munition 1n any
residential district or in any property utilized for any
residential use.
(b) The Director of Finance may revoke any business license
issued to any person to operate or manage any business which sells,
transfers, leases, offers or advertises for sale, transfer, or
lease any firearm or Munition in any resldential d1strict or ln any
property utilized for any residentlal use.
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(c) The zoning Administrator lS authorized to revoke any Home
Occupation Permit if the zoning Administrator determines that the
permit is no longer compatible with residential activities, or if
the Zoning Administrator determines that due to changes in law, the
permit is no longer valid.
SECTION 5. conditional Use Permit. The City Planning
Commission, or the City Council on appeal, shall have the authority
to approve the use of a property for a business or use which sells,
transfers, leases, offers or advertises for sale, transfer or lease
any firearm or munition in any location where such business is
permitted, and shall issue a Condltional Use Permit if the
following findings can be made in an affirmative manner:
(a) The proposed use wlll not adversely affect the welfare of
neighborhood resldents in a significant manner.
(b) The proposed use will not contrlbute to an undue
concentration of similar uses in the area.
(c) The proposed use will not detrimentally affect nearby
neighborhoods, consider1ng the d1stance of the use to residential
buildings, churches, schools, hospltals, playgrounds, parks, and
other existing similar uses.
(d) The proposed use is compatible with existing and
potential uses within the general area.
(e) The public health, safety and general welfare are
protected.
(f) No harm to adjacent properties will result.
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(g) The proposed use is not wlthin one thousand five hundred
(1,500) feet of any other slmllar use, any day care facility, or
any elementary, middle, junior or high school.
SECTION 6. Manner of Application; Fees. An application for
a firearms dealer permit under this Ordinance shall be filed with
the Chief of Police under penalty of perjury on a form to be
specified by the city. The application shall provlde all relevant
information to demonstrate the applicant's compllance with this
Ord1nance including a floor plan of the proposed bUSlness which
illustrates the applicant's compllance with the security provisions
of Section 9 of this ordinance. The application shall also include
a certification by the city Plannlng and Community Development
Department that the applicant's bUSlness will not be located in a
zoning district in WhlCh the operation of a firearms business is
prohibited by law and that the appllcant has secured a conditional
use permit as may be requlred by this Ordinance. The applicant
shall provide all informatlon requested, includ1ng the proof of
compliance with all appllcable federal, state, and local law when
required by the Chief of Police, or the applicatlon will not be
deemed complete. The appllcation shall be accompanied by the fees
estab11shed by resolution of the Clty Council for admlnistering
this Ordinance.
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SECTION 7. ci tv' s Riqht to Investiqation of Any Relevant
Facts. The Chief of Police may cause to be conducted an
investigation to determine whether the application for a firearms
dealer permit meets all the requirements of federal state and local
law and may require any and all additional information from an
applicant that is deemed necessary to complete the investigation.
SECTION 8. Grounds for Denial of Application. The Chief of
Police shall give the applicant a written notice of the Chief's
decision to grant or to deny the application for a firearms dealer
permit. The notice shall set forth the ground or grounds for the
Chief of Police's decislon. The Chief of Police shall deny the
issuance of a permit when any of the following conditions are met:
(a) The applicant, or any officer, employee, or agent thereof
who will have access and control over firearms is under twenty-one
(21) years of age.
(b) The applicant lS not licensed as required by all
applicable federal, state, and local laws.
(c) The applicant, or any officer, employees, or agent
thereof who will have access and control over firearms, has had a
permit previously revoked or denied for good cause within the
immediately preceding two (2) years for failure to operate its
business in compliance with the requirements of federal, state or
local law, including any conditions lmposed by such laws.
(d) The applicant, or any off1cer, employee, or agent thereof
who will have access and control over firearms, has made a false or
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misleading statement of a materlal fact or an omlssion of a
material fact ln the application for a permit.
(e) The applicant, or any officer, employee, or agent thereof
who will have access and control over firearms, has been convicted
of the following:
(1) Any offense WhlCh disqualifies the person convicted
from owning or possess~ng a firearm under applicable federal,
state, and local laws.
(2) Any offense related to the manufacture, sale,
possession, or registration of any flrearm or dangerous or deadly
weapon.
(3) Any offense ~nvolving the use of vlolence upon the
person of another.
(4) Any offense lnvolving theft, fraud, dishonesty, or
deceit.
(5) Any offense involvlng the manufacture, sale,
possession, or use of any controlled substance as defined by
California Health and Safety Code Section 11007 as said deflTIltioTI
now reads or may hereafter be amended to read.
(f) The applicant is within the classes of persons defined in
California Welfare and Instltutions Code Sections 8100 or 8103.
(g) The operatlon of the bUSlness as proposed wl11 not comply
with all applicable federal, state, and local laws.
(h) The applicant, or any officer, employee, or agent
thereof, proposes to operate the business ln a location where such
use is prohibited by City laws or has not been approved by the
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Zoning Administrator or has not obtained other necessary City
permits.
(i) The applicant, or any officer, employee, or agent
thereof, is not the owner of record of the real property at which
the business is to be conducted, nor has a lease, license, or other
entitlement or possessory interest to operate such business at such
location.
(j) The premises at which such business is to be operated do
not contain the security measures required by section 9 of this
Ordinance.
(k) Any other grounds for denlal that eXlst as specified in
the Santa Monica Municlpal Code.
SECTION 9. Securlty. Any business required to be licensed
pursuant to this Ordinance shall adhere to security measures as
required by the Chief of Police. Security measures shall include,
but not be limited to, the following:
(a) The provision of secure locks, wlndows, and doors,
adequate lighting, and such fire and theft alarms as specified by
the Chief of Police.
(b) The storing of all firearms and munitions on the premises
out of reach of customers ln secure, locked facilities, so that
access to firearms and munitions shall be controlled by the dealer,
or employees of the dealer entrusted to handle f~rearms, to the
excluslon of all others.
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SECTION 10. Permit Issuance I Condi tlons; Terms; Riqht to
Inspect Premises and Records. Any firearms dealer permit issued
pursuant to this Ordinance shall be subject to all of the following
conditions, the breach of any of which shall be sufficient cause
for revocation of the permlt by the Chief of Police and denial of
any application to renew a permit or to obtain a future permit:
(a) The business shall be carried on only in the building
located at the street address shown on the City of Santa Monica
permit.
(b) The Permittee shall observe all federal, state, and local
constraints on the operation of the permitted business including,
but not limited to Californla Penal Code Sect~ons 12072(b), 12073,
12074, 12077, and 12082, to the extent that the provlsions remain
in effect.
(c) The licensee shall not dellver any pistol or revolver to
a purchaser earlier than fifteen (15) days after the application
for the purchase, lease, or transfer, unless otherwise provided by
state or federal law.
(d) The Permittee shall keep complete and current records of
all firearms transactions. In addition to the requirements in
california Penal Code sections 12073, 12076, and 12077, Permittee
must also keep a complete current lnventory of all firearms in
stock. This inventory shall lnclude an entry for each weapon, with
the classification, serial numbers, and any other information that
is requlred by the Chief of Police for the tracking of the chain of
ownership of the firearm.
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(e) The Permlttee consents to the City's inspection of the
business premises and records in order for the City to establish
continued compliance with the terms of the perrnlt.
(f) The licensee shall not deliver any firearm to a
purchaser, lessee or other transferee unless the firearm is
unloaded, and securely wrapped or unloaded in a locked container.
(g) The permit shall not become effective until the Permittee
has obtained all other permits required by federal, state, or local
law including, but not limited to, a business license and zoning
and building permits.
SECTION 11. Permit Duration One Year - Renewal. All firearms
dealer permits issued pursuant to this Ordinance shall expire one
(1) year after the date of issuance or automatically upon
revocation or expiration of Permittee's federal flrearms license,
whichever is earlier. Such permlts may be renewed by the Chief of
Police for additional periods of one year upon the approval of an
application for renewal by the Chief of Police and payment of the
renewal fee established by City Council resolution. A completed
application for renewal shall be submltted to the Chief of Police
at least forty-five (45) days prlor to the expiration of the
current permit or else the permlt shall expire at the expiration of
its term. If the application is submitted in a timely manner, the
permit to operate shall continue in effect until two weeks after
the Chief of Police mails written notice to the applicant denying
renewal. The city of Santa Monica permlt shall be granted
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conditionally upon the applicant providing proof of a valid federal
firearms license; the permlt ';,{ill not become effective until
applicant shows proof of compllance with all applicable laws.
SECTION 12. Permit Assiqnment. No person shall assign or in
any manner transfer or attempt to assign or transfer any firearms
dealer permit issued pursuant to this Ordl.nance and any such
assignment or transfer or attempt to assign or transfer a permit
shall constitute grounds to revoke the permit.
SECTION 13. Permit - Grounds for Revocation; Appeals.
(a) In addltlon to any other basis for revocation of any
permit or license set forth in this Ordinance, any circumstance
constituting a ground for denial of the permlt or license shall
also constitute a ground for revocation.
(b) Any person aggrieved by any deC1Slon to deny or revoke
any permit or llcense pursuant to this Ordinance may appeal to a
Hear ing Examiner in accordance with Chapter 6. 16 of the Santa
Monlca Munlcipal Code.
SECTION 14. Permit - Liability Insurance. No perml.t shall be
issued or continued pursuant to this Ordinance unless there is in
full force and effect a policy of insurance in such form as the
City deems proper, executed by an lnsurance company approved by the
City whereby the appllcant or Permlttee is insured against
liability for damage to property and for injury to or death of any
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person as a result of the sale, transfer, or lease, or offering or
exposing for sale, transfer, or lease, of any firearm. The minimum
liability limits shall not be less than One Hillion Dollars
($1,000,000.00) for damage to or destruction of property ln anyone
incident, and One Million Dollars ($1,000,000.00) for the death or
injury to anyone person. Such POllCY of insurance shall contain
an endorsement providing that the policy will not be canceled until
notice in writing has been given to the City, address in care of
the Risk Manager, 1717 4th street, Santa Monica, California 90401,
at least thirty (30) days lI':'lmediately prlor to the time such
cancellation becomes effective. Upon eXplratlon of any such policy
and if no additional insurance has been secured prior to the
expiration thereof in the manner provlded for the initial securlng
of a permit under this Ordlnance, the perml t shall be deemed
canceled w~thout further notice or opportunity to be heard.
SECTION 15. Permit - Authority to Inspect. Any and all
investigating officlals of the City shall have the right to enter
the bUllding designated in the permit from t~me to time during
regular business hours to make reasonable inspections to observe
and enforce compliance with bUllding, mechanlcal, fire, electrical,
plumbing, and health regulations, as well as the provisions of this
Ordinance. A police investigator may conduct compliance
inspections to ensure conformance '.vlth all federal, state, and
local laws, and the provisions of this Ordlnance.
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SECTION 16. Compliance by Existinq Dealers. Any person
engaging 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 flrearms on the effective date of
this ordinance shall have a per10d of ninety (90) days after s~~h
effective date to comply with the provisions of this ordinance.
SECTION 17. Violation ~ Misdemeanor; civil Enforcement.
(a) Any person who conducts a business ln violation of this
Ordinance shall be gu~lty of a misdemeanor for each day a violation
occurs. Each violation of this Ordinance shall be punlshable by up
to one (1) year in Jailor a F1ve Hundred Dollar ($500.00) fine, or
both.
(b) In addition to any other penalty or remedy, the city
Attorney may commence a CiVll action to seek enforcement of this
Ordinance.
SECTION 18. This Ordlnance shall be of no further force and
effect eighteen (18) months from its adoption, unless prior to that
date, the city Council extends the ordinance in the manner required
by law.
SECTION 19. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica city Charter. It is necessary for preserving the
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public peace, health and safety, and the urgency for its adoption
is set forth ln the findings above.
SECTION 20. Any prov1s1on of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 21. If any section, subsect1on, sentence, clause, or
phrase of this Ordinance lS for any reason held to be invalid or
unconsti tutional by a declslon of any court of any competent
jurisdiction, such dec1s10n shall not affect the valldity of the
remaining portlons of thlS Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsectlon, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
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SECTION 22.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within fifteen (15) days after its adoption. ThlS ordinance shall
become effective upon adoption.
APPROVED AS TO FORM:
!1tt-~~ ^~~
MARSHA JON~ MOUTRIE
City Attorney
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Adopted and approved thIS 24th day of May. 1994
() wt
Mayor
I hereby cemfy that the foregomg Ordmance No 1745 (CCS) was duly and regularly
adopted at a meetIng of the Cny CouncIl on the 24th day of May, 1994. by the followmg
CouncIl vote.
Ayes'
Councllmembers
Abdo, Genser. Greenberg, Olsen. Rosenstem. Vazquez
Noes
Councl1members
None
Abstam: Councdmembers' None
Absent Councl1members
Holbrook
ATTEST
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CIty Clerk