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O1763 CA:f:\atty\muni\laws\mhs\gunamen city council Meeting 7-9-94 Santa Monica, California ORDINANCE NUMBER 1763 (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. Findinqs and Purpose. The City Council finds and declares: (a) Firearms are used in several hundred crimes including homicide, rape, robbery, and aggravated assault in the City of Santa Monica each year. (b) The accidental discharge of a firearm can lead to serious injury or death especially when it occurs in residential areas. (c) Inadequately secured firearms can be stolen and such firearms can then be used in further serious criminal activities. 1 (d) The sale of firearms or munitions in residential districts or in residential property is incompatible with the use of the district or property for dwelling purposes. (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 . Prohibition on Home Occupation Permits and Business Licenses. (a) The Zoning Administrator shall deny a Home Occupation Permit 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 munition. (b) No person shall operate any business which sells, transfers, leases or offers or advertises for sale, transfer or lease any firearm or munition in any residential ("R") district or in any property utilized for any residential 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, 2 transfer or lease any firearm or munition in any residential ("R") district or in any property utilized for residential use. (d) The Director of Finance shall only issue a business 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 munition 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 Munition. 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 munition, 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 Home Occupation Permits and Business Licenses. (a) The Zoning Administrator may revoke any approved Home Occupation Permit which authorized a person to operate or manage any business which sells, transfers, leases, offers or advertises 3 for sale, transfer, or lease residential district or in residential use. any any firearm or munition in property utilized for any any (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 residential district or in any property utilized for any residential use. (c) The Zoning Administrator is 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 Conditional Use Permit if the following findings can be made in an affirmative manner: (a) The proposed use will not adversely affect the welfare of neighborhood residents in a significant manner. 4 (b) The proposed use will not contribute to an undue concentration of similar uses in the area. (c) The proposed use will not detrimentally affect nearby neighborhoods, considering the distance of the use to residential buildings, churches, schools, hospitals, 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. (g) The proposed use is not within one thousand five hundred (1,500) feet of any other similar 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 provide all relevant information to demonstrate the applicant's compliance with this Ordinance including a floor plan of the proposed business which 5 illustrates the applicant's compliance with the security provisions of section 9 of this Ordinance. The application shall also include a certification by the City Planning and Community Development Department that the applicant's business will not be located in a zoning district in which the operation of a firearms business is prohibited by law and that the applicant has secured a conditional use permit as may be required by this Ordinance. The applicant shall provide all information requested, including the proof of compliance with all applicable federal, state, and local law when required by the Chief of Police, or the application will not be deemed complete. The application shall be accompanied by the fees established by resolution of the City council for administering this Ordinance. SECTION 7. city's Riqht to Investiqation of AnvRelevant 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 6 Chief of Police's decision. 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 is 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 imposed by such laws. (d) The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, has made a false or misleading statement of a material fact or an omission of a material fact in 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: 7 (1) Any offense which disqualifies the person convicted from owning or possessing a firearm under applicable federal, state, and local laws. (2) Any offense related to the manufacture, sale, possession, or registration of any firearm or dangerous or deadly weapon. (3) Any offense involving the use of violence upon the person of another. (4) Any offense involving theft, fraud, dishonesty, or deceit. (5) Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by California Health and Safety Code section 11007 as said definition now reads or may hereafter be amended to read. (f) The applicant is within the classes of persons defined in California Welfare and Institutions Code sections 8100 or 8103. (g) The operation of the business as proposed will not comply with all applicable federal, state, and local laws. (h) The applicant, or any off icer, employee, or agent thereof, proposes to operate the business in a location where such use is prohibited by city laws or has not been approved by the 8 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 denial that exist as specified in the Santa Monica Municipal Code. SECTION 9. Security. 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, windows, and doors, adequate lighting, and such fire and theft alarms as specified by the Chief of Police. 9 (b) The storing of all firearms and munitions on the premises out of reach of customers in secure, locked facilities, so that access to firearms and munitions shall be controlled by the dealer, or employees of the dealer entrusted to handle firearms, to the exclusion of all others. SECTION 10. Permit Issuance, Conditions: 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 permit 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 riot limited to California Penal Code sections 12072(b), 12073, 12074, 12077, and 12082, to the extent that the provisions remain in effect. (c) The licensee shall not deliver 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. 10 (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 inventory of all firearms in stock. This inventory shall include an entry for each weapon, with the classification, serial numbers, and any other information that is required by the Chief of Police for the tracking of the chain of ownership of the firearm. (e) The Permittee 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 permit. (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 firearms license, 11 whichever is earlier. Such permits 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 submitted to the Chief of Police at least forty-five (45) days prior to the expiration of the current permit or else the permit 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 permit shall be granted conditionally upon the applicant providing proof of a valid federal firearms license; the permit will not become effective until applicant shows proof of compliance 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 Ordinance 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 addition to any other basis for revocation of any permit or license set forth in this ordinance, any circumstance 12 constituting a ground for denial of the permit or license shall also constitute a ground for revocation. (b) Any person aggrieved by any decision to deny or revoke any permit or license pursuant to this Ordinance may appeal to a Hearing Examiner in accordance with Chapter 6.16 of the Santa Monica Municipal Code. SECTION 14. Permit - Liabilitv Insurance. No permit 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 insurance company approved by the City 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 offering or exposing for sale, transfer, or lease, of any firearm. The minimum liability limits shall not be less than One Million Dollars ($1,000,000.00) for damage to or destruction of property in anyone incident, and One Million Dollars ($1,006,000.00) for the death or injury to anyone person. Such policy 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 immediately prior to the time such cancellation becomes effective. Upon expiration of any such policy and if no additional insurance has been secured prior to the 13 expiration thereof in the manner provided for the initial securing of a permit under this Ordinance, the permit shall be deemed canceled without further notice or opportunity to be heard. SECTION 15. Permit - Authoritv 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, and health regulations, as well as the provisions of this Ordinance. A police investigator may conduct compliance inspections to ensure conformance with all federal, state, and local laws, and the provisions of this Ordinance. 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 firearms on the effective date of this Ordinance ("Existing Dealer") shall comply with the provisions of this Ordinance by August 22, 1994. Notwithstanding the above, or any other provision of this Ordinance, Existing Dealers operating in any location where such business is permitted shall not be required to obtain a conditional use permit, but shall comply with all other provisions of this Ordinance, including the obligation to obtain a firearms dealer permit from the Chief of Police, by January 1, 1995. 14 SECTION 17. violation - Misdemeanor: civil Enforcement. (a) Any person who conducts a business in violation of this Ordinance shall be guilty of a misdemeanor for each day a violation occurs. Each violation of this Ordinance shall be punishable by up to one (1) year in jailor a Five Hundred Dollar ($500.00) fine, or both. (b) In addition to any oth~r penalty or remedy, the city Attorney may commence a civil action to seek enforcement of this Ordinance. SECTION 18. This Ordinance 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 public peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 20. Any provision 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, 15 are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 21. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, 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. 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. This Ordinance shall become effective upon adoption. APPROVED AS TO FORM: SHA JONES MOUTRIE city Attorney 16 Adopted and approved this 9th day of August, 1994. ~/~~ ayor I hereby certify that the foregoing Ordinance No. 1763 (CCS) was duly and regularly adopted at a meeting of The City Council on the 9th day of August, 1994; by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: Greenberg ATTEST: ~.LC: ~ -- City Clerk