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O1852 e e f:\atty\muni\laws\mhs\quncode.3 City Council Meeting 6-11-96 Santa Monica, California ORDINANCE NUMBER 1852 (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING AND ADDING VARIOUS SECTIONS OF CHAPTER 3.24 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO FIREARMS DEALER PERMITS AND GUN SHOWS AND ADDING AND AMENDING VARIOUS SECTIONS OF THE ZONING ORDINANCE TO ESTABLISH A DEFINITION OF AND THE PERMITTED LOCATION FOR FIREARMS DEALERSHIPS IN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findinas and Puroose. The city Council finds and declares: (a) California Penal Code Section 12071 provides that municipalities may exercise discretion to grant or deny applications for permits to sell firearms, and recognizes the applicability of local laws and regulations affecting gun dealers. Nei ther 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. (b) The purpose of this Ordinance is to provide for the appropriate location of firearms sales activity and to regulate such activity through the police permit process. 1 e e (c) The number of deaths and injuries attributable to firearms is unacceptable and warrants stricter control over the availability of firearms within the city. The 1995 homicide rate for the City of Santa Monica was higher than the rate for 1994 and firearms were used in fifty percent of the homicides in the City of Santa Monica during both 1994 and 1995. In addition, firearms were used in 66% of the robberies which occurred in the City in 1995, and in at least 27 aggravated assaults in the City in 1995. (d) Inadequately secured firearms can be stolen and used in serious criminal activities. Residential buildings are usually not as secure as buildings located on commercial or industrial sites. (e) Because of the range and effectiveness of firearms, the use of firearms in violent crimes is more likely to lead to the death or injury of bystanders. The accidental discharge of a firearm can lead to serious injury or death, especially when it occurs in a residential area. (f) One objective of the Land Use Element of the General Plan is to ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods, by limiting the number, controlling the location, and otherwise mitigating the impact of commercial uses which might have an adverse impact on surrounding neighborhoods. (g) Firearms dealerships are incompatible in or adjacent to residential areas and in heavily travelled commercial areas. Firearms dealerships are incompatible with the character of 2 e e residential neighborhoods in which commercial uses, except those that serve the day to day needs of residents, are generally prohibited. (h) Further, firearms dealerships are incompatible with commercial areas in which alcohol outlets such as bars and restaurants are located. Alcohol can impair human judgement and lead to violent confrontations and disputes involving firearms, regardless of whether the firearms user is properly licensed to own the weapon. (i) The visibility of firearms dealerships to the general public in heavily traveled commercial areas and in areas near residences is undesirable and creates a type of visual blight. The appearance of easy availability of gun purchases is a reminder of the prevalence of firearms-related violence in our society and, as such, is detrimental to the peace of mind and quality of life of Santa Monica residents. (j) The Police Department of the City of Santa Monica has indicated that permitting the location of future firearms dealerships in a more concentrated geographic district of the City will allow for better monitoring of firearms dealership operations. (k) The Ml Industrial Conservation Zoning District within the City of Santa Monica provides a location for land uses which are the least compatible with residential and other commercial land uses. The Ml has fewer residences, businesses, schools and churches than other zoning districts in the city. 3 e e (1) The M-1 Industrial Conservation Zoning District is characterized by the predominance of industrial land uses, and has less pedestrian and vehicular traffic. (m) Allowing gun dealerships in the M1 and not in other commercial districts within the city will concentrate the geographic locations at which guns may be purchased, thereby providing for easier pOlice oversight as well as reducing the appearance of easy availability of gun purchases within the City. (n) Interim Ordinances Nos. 1745, 1763, and 1831 allowed gun dealerships to locate in the general commercial districts but prohibited such uses in residential districts or within 1500 feet of any other similar use, any day care facility, or any elementary, middle, junior or high school. However, because of the dense nature of the City, and the number of day care facilities, this restriction resulted in there being only three locations in the city at which such use would be permitted. All three of the locations are in areas which are heavily traveled by pedestrians, including families, and are thus inappropriate locations for a gun dealership. Addi tionally , the location of day care facilities change. For that reason, allowing gun dealerships in the Ml, and not general commercial districts, brings more certainty to both the city and prospective gun dealerships regarding where such uses may be located, and, in general, provides for greater compatibility of uses. 4 e e (0) For the reasons stated above, the sale of guns at gun shows or events is also incompatible with residential and commercial areas, and should be allowable only in the MI. SECTION 2. Santa Monica Municipal Code Section 3.24.020 is amended to read as follows: 3.24.020 Pirearms Dealer Permit Required for Sale of Guns or Munitions. 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, shall obtain a firearms dealer permit from the Chief of Police, in addition to any other permits or licenses required by law prior to operating or managing the business. The Director of Finance shall not 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, unless the person obtains all necessary permits or other licenses required by federal, state and City law, including a Firearms Dealer Permit issued by the Chief of Police. For purposes of this Section, "firearm" shall have the same meaning as it does for purposes of Section 12071 of the California Penal Code. This Section shall not 5 It e apply to those activities specifically exempted by California Penal Code Section 12070(b). SECTION 3. Santa Monica Municipal Code Section 3.24.030 is amended to read as follows: 3.24.030 Firearms Dealer Permit Application Process. (a) Manner of Application and Fees. An application for a firearms dealer permit shall be filed with the Chief of Police under penalty of perjury on a form to be specified by the city. The application shall be accompanied by the fees established by resolution of the City council. The application shall contain: (1) All relevant information to demonstrate the applicant's compliance with this Chapter, including a floor plan of the proposed business which illustrates the applicant's compliance with the security provisions of subsection (a) (7) of section 3.24.021. (2) 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, and that the applicant has secured a conditional use permit if required by Chapter 9 of the Municipal Code. (3) Proof of compliance with all applicable federal, state, and local law. 6 - e (4) All other information requested, or the application will not be deemed complete. (b) ci tv's Riqht to Investiaate 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. (c) Grounds for Denial of Application. The Chief of Police shall give the applicant a written notice of his or her 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 decision. The Chief of Police shall deny the issuance of a permit when any of the following conditions are met: (1) 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. (2) The applicant is not licensed as required by all applicable federal, state, and local laws. (3) The applicant, or any officer, employee, 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 7 e e with the requirements of federal, state or local law, including any conditions imposed by such laws. (4) 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. (5) The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, has been convicted of the following: A. Any offense which disqualifies the person convicted from owning or possessing a firearm under applicable federal, state, and local laws. B. Any offense related to the manufacture, sale, possession, or registration of any firearm or dangerous or deadly weapon. C. Any offense involving the use of 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 controlled substance as defined by California Health and Safety Code section 11007, as said definition now reads or may hereafter be amended to read. 8 e e (6) The applicant is within the classes of persons defined in California Welfare and Institutions Code Section 8100 or 8103. (7) The operation of the business as proposed will not comply with all applicable federal, state, and local laws. (8) The applicant, or any officer, employee, or agent thereof, proposes to operate the business in a location where such use is prohibited, or has not obtained other necessary city permits. (9) 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. (10) Any other grounds for denial that exist as specified in the Santa Monica Municipal Code. SECTION 4. sections 3.24.031 through 3.24.037 are hereby added to the Santa Monica Municipal Code to read as follows: 3.24.031. Firearms Dealer Permit- conditions. Any firearms dealer permit issued pursuant to this Chapter shall be subject to all of the following conditions: (a) The Permittee shall comply with all federal and state laws concerning the operation of the permitted 9 e e business including, but not limited to, California Penal Code Sections 12071(b) (3)-(14), 12072, 12073, 12074, 12076, 12077, and 12082. To the extent the provisions of this Chapter impose more stringent requirements than those contained in state or federal law, these local provisions shall prevail. (b) The business shall be carried on only in the building located at the street address shown on the city of Santa Monica permit. (c) The Permittee shall keep complete and current records of all firearms transactions. In addition to the requirements of 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. (d) The Permittee shall maintain records of ammunition sales in compliance with the provisions of Chapter 3.25 of this Code. (e) The premises at which the business is to be operated shall contain all security measures reasonably required by the Chief of POlice, which shall include, but not be limited to: 10 e e (1) The provision of secure locks, windows, and doors, adequate lighting, and such fire and theft alarms as specified by the Chief of Police. (2) 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. (f) Permittee shall cause to be obtained, and keep 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 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 ($1,000,000.00) 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, addressed in care of the Risk Manager, 1717 4th street, Santa Monica, California 90401, at least thirty 11 e e (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 expiration thereof in the manner provided for the initial securing of a permit under this Chapter, the permit shall be deemed canceled without further notice or opportunity to be heard. (g) The Permittee shall consent 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, and in accordance with Section 3.24.036 of this Chapter. (h) 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. 3.24.032 Firearms Dealer Permit- Form and Term. A firearms dealer permit issued pursuant to this Chapter shall state on its face "Valid for Retail Sales of Firearms, II and shall expire one (1) year after the date of issuance or automatically upon revocation or expiration of Permittee's federal firearms license. A permit 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 12 e e 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 the expiration date of the current term, or two weeks after the Chief of Police mails written notice to the applicant denying renewal, whichever occurs later. 3.24.033 Firearms Dealer Permit Permit Assignment. No person shall assign or in any manner transfer or attempt to assign or transfer any firearms dealer permit issued pursuant to this Chapter and any such assignment or transfer or attempt to assign or transfer a permit shall constitute grounds to revoke the permit. 3.24.034 Firearms Dealer Permit - Grounds for Revocation and Denial of Renewal. The Chief of Police may revoke a firearms dealer permit, or deny an application to renew a permit, in any of the following circumstances: (a) Upon breach of any of the permit conditions set forth in subsection (b) of section 3.24.032. 13 e e (b) Upon any circumstance constituting a ground for denial of a permit set forth in Section 3.24.020(C). (c) Upon transfer or assignment, or attempted transfer or assignment of the permit as prohibited in section 3.24.033. (d) If the business is being conducted in a disorderly manner or in violation of any applicable state or federal law or ordinance of this city or any provision of this Code. (e) When the purpose for which the permit has been issued is being abused to the detriment of the pUblic, or when the permit is being used for a purpose different from that for which the permit was issued. 3.24.035 Firearms Dealer permit- Appeals. Any person aggrieved by any decision to deny or revoke any firearms dealers permit pursuant to this Chapter may appeal such decision to a Hearing Examiner in accordance with Chapter 6.16 of the Santa Monica Municipal Code. 3.24.036 Firearms Dealer Permit - 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 14 e e 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 Chapter. A police investigator may conduct compliance inspections to ensure conformance with all federal, state, and local laws, and the provisions of this Chapter. 3.24.037 Violation. (a) Any person who conducts a business in violation of sections 3.24.030 through 3.24.036 of this Chapter shall be guilty of a misdemeanor for each day a violation occurs. Each violation 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 other penalty or remedy, the city Attorney may commence a civil action to seek enforcement of these provisions. SECTION 5. section 3.24.080 is hereby added to the Santa Monica Municipal Code to read as follows: 3.24.080. Gun Shows. Gun shows or events shall be prohibited in the City, except for gun shows or events in the M1. For purposes of this section, a gun show or event is any event at which firearms, as defined in section 3.24.020, are sold, transferred, leased, or 15 e e offered or advertised for sale, transfer, or lease. Any such gun show or event in the Ml must obtain all other approvals or permits required by local, state, or federal law. SECTION 6. Section 9.04.02.030.311 is hereby added to the Santa Monica Municipal Code to read as follows: 9.04.02.030.311. Firearms Dealership. Any business which sells, transfers, leases, or offers or advertises for sale, transfer, or lease any firearm or munitions. SECTION 7. Santa Monica Municipal Code Section 9.04.08.12.050 is amended to read as follows: 9.04.08.12.050 Prohibited uses. (a) Cinemas. (b) Firearms dealerships. (c) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. SECTION 8. Santa Monica Municipal Code Section 9.04.08.14.050 is amended to read as follows: 9.04.08.14.050 Prohibited uses. (a) Cinemas. (b) Firearms dealerships. 16 e e (c) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. SECTION 9. Santa Monica Municipal Code section 9.04.08.15.050 is amended to read as follows: 9.04.08.15.050 Prohibited uses. The following uses are prohibited in the BSC-1, BSC- 2, BSC-3 and BSC-4 portions of the BSC District: (a) Drive-ins and drive-through restaurants. (b) Fast food restaurants, except those located in a fast food court. (c) Firearms Dealerships. (d) Game arcades. (e) Any use not otherwise authorized. SECTION 10. Santa Monica Municipal 9.04.08.16.050 is amended to read as follows: 9.04.08.16.050 Prohibited uses. (a) Cinemas. (b) Drive-in and drive-through restaurants. (c) Firearms dealerships. (d) Parking structures located below the ground in conjunction with commercial development, except for parking below grade exclusively for residential uses. (e) Rooftop parking. Code Section 17 - e (f) Any use not specifically authorized. SECTION 11. Santa Monica Municipal Code section 9.04.08.18.050 is amended to read as follows: 9.04.08.18.050 Prohibited uses. (a) Drive-in, drive-through and fast-food restaurants. (b) Firearms dealerships. (c) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. SECTION 12. Santa Monica Municipal 9.04.08.20.050 is amended to read as follows: 9.04.08.20.050 Prohibited uses. (a) Drive-in and drive-through restaurants. (b) Firearms dealerships. (c) Rooftop parking on parcels directly abutting, or separated by an alley from a residential district. (d) Any use not specifically authorized. Code Section SECTION 13. Santa Monica Municipal 9.04.08.22.050 is amended to read as follows: 9.04.08.22.050 Prohibited uses. (a) Cinemas. (b) Firearms dealerships. Code section 18 e - (e) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. SECTION 14. Santa Monica Municipal 9.04.08.26.050 is amended to read as follows: 9.04.08.26.050 Prohibited uses. (a) Cinemas. (b) Firearms dealerships. (e) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (d) Any use not specifically authorized. Code Section SECTION 15. Santa Monica Municipal Code Section 9.04.08.28.050 is amended to read as follows: 9.04.08.28.050 Prohibited uses. The following are specifically prohibited in the CM District: (a) Automobile service facilities. (b) Bars above the first floor. (e) Cinemas. (d) Drive-in or drive-through uses. (e) Firearms dealerships. (f) Game arcades. (g) Hotels. 19 e e (h) Liquor stores other than those conditionally permitted. (i) Motels. SECTION 16. Santa Monica Municipal Code section 9.04.08.24.050 is amended to read as follows: 9.04.08.24.050 Prohi~ited uses. (a) Cinemas. (b) Firearms dealerships. (c) Drive-in and drive-through restaurants. (d) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (e) Any use not specifically authorized. SECTION 17. Santa Monica Municipal 9.04.08.30.050 is amended to read as follows: 9.04.08.30.050 Prohibited uses. (a) Firearms dealerships. (b) Helicopter landing facilities. (c) Rooftop parking on parcels directly abutting, or separated by an alley from a residential district. (d) Any use not specifically authorized. Code Section 20 e - SECTION 18. Santa Monica Municipal Code Section 9.04.08.34.010 is amended to read as follows: 9.04.08.34.010 Purpose. The M1 District is intended to preserve existing industrial uses and to provide a location for industrial uses for small businesses which are engaged in the design, development, manufacturing, fabricating, testing, servicing, or assembly of manufactured products and to preserve existing activities, in order to maintain and enhance employment opportunities for workers with various skills and for the entry level segment of the Santa Monica work force. The M1 District is also designed to accommodate small visual and performing arts studios and to provide for the continued use of existing trailer parks and the preservation of existing schools. The M1 District is also intended to accommodate those general retail uses which do not serve community and neighborhood needs and are not compatible with other commercial land uses allowed in commercial zoning districts elsewhere in the city. Allowable development intensity within this District is intended to be the lowest in the city among the commercial and industrial Districts, consistent with the goals, objectives, and policies of the General Plan. SECTION 19. Santa Monica Municipal 9.04.08.34.040 is amended to read as follows: Code Section 21 e It 9.04.08.34.040 Conditionally permitted uses. The following uses may be permitted in the Ml District subject to the approval of a Conditional Use Permit: (a) Any use of the transportation right-of-way for other than transportation purposes. (b) Automobile repair and automobile painting facilities abutting any residential district or use. (c) Automobile washing facilities. (d) Firearms dealerships. (e) Homeless shelters with fifty-five beds or more. (f) Live theaters. (g) MUlti-family dwelling units. (h) New public or private schools or the expansion of existing schools. (i) outdoor storage of fleet vehicles if such vehicles are directly related to the primary industrial or manufacturing operation on the site. (j) Parking and automobile storage lots and structures. (k) Places of worship. (1) Retail sales of goods manufactured on the premises; provided, that the floor space devoted to such use does not exceed ten percent of the gross floor area of the primary permitted use. (m) Self-storage or public mini-warehouses. 22 e e (n) Senior group housing. (0) Senior housing. (p) Service stations. (q) Warehouses. (r) Other uses that are determined by the Zoning Administrator to be similar to those listed above. SECTION 20. Santa Monica Municipal Code section 9.04.08.35.040 is amended to read as follows: 9.04.08.35.040 Prohibited uses. The following uses shall be prohibited: (a) Any use involving the manufacture, processing, or treatment of products, which by nature of the operation is likely to be obnoxious or offensive, whether by reason of emission of odor, dust, smoke, noxious gases, noise, vibration, glare, or heat or by reason of other impacts or hazards relating to materials, process, product wastes or by other methods, shall be prohibited unless mitigation measures are submitted and are acceptable to the Zoning Administrator. (b) Firearms dealerships. (c) New general office uses. (d) Rooftop parking on parcels directly abutting, or separated by an alley from, a residential district. (e) Any use not specifically authorized as a permitted or conditionally permitted use. 23 e e SECTION 21. Santa Monica Municipal Code section 9.04.20.04.040 is amended to read as follows: 9.04.20.04.040 Prohibited home occupation uses. The following uses shall not be permitted as home occupations: (a) Animal hospitals or grooming facilities. (b) Automotive and other vehicle repair (body or mechanical), upholstery, painting, or storage. (e) Barber or beauty shop. (d) Carpentry or cabinet making. (e) Contractor storage yards. (f) Dancing schools or exercise studios. (g) Firearms dealerships. (h) Junk yards. (i) Massage parlors. (j) Medical offices, clinics and laboratories, except for psychologists, speech therapists, and other professionals with one-on-one counseling, therapy, or treatment that do not exceed 6 clients within 24 hours. (k) Welding or machine operation. (1) Other uses the Zoning Administrator determines to be similar to those listed above, or which by operation or nature are not incidental to or compatible with residential activities. 24 e e SECTION 22 . Santa Monica Municipal 9.04.20.04.050 is amended to read as follows: 9.04.20.04.050 Revocation. The Zoning Administrator may, or upon direction from the Planning Commission shall, revoke any approved Home occupation Permit in accordance with the following procedures: (a) A revocation hearing shall be held by the Zoning Administrator. Notice of the hearing shall be published once in a newspaper of general circulation within the city and shall be served either in person or by registered mail on the owner of the property and on the permit holder at least 10 days prior to such hearing. The notice of hearing shall contain a statement of the specific reasons for revocation. Code section (b) After the hearing, a Home Occupation Permit may be revoked by the Zoning Administrator, or by the Planning Commission on appeal or review, if anyone of the following findings are made: (1) That the Home Occupation Permit was obtained by misrepresentation or fraud. (2) That the use for which the Home Occupation Permit was granted has ceased or has been suspended for six or more consecutive calendar months. (3) That the conditions of the permit have not been met, or the permit granted is being or has recently 25 e e been exercised contrary to the terms of the approval or in violation of a specific statute, ordinance, law or regulation. (4) That the permit authorizes a person to sell, transfer, or lease, or offer or advertise for sale, transfer, or lease any firearm in any residential district or in any property utilized for any residential use. (5) That the permit is no longer compatible with residential activities, or, due to changes in law, that the use is no longer authorized at that location. (c) A written determination of revocation of a Home Occupation Permit shall be mailed to the property owner and the permit holder within 10 days of such determination. SECTION 23. Section 3.24.085 is hereby added to the Santa Monica Municipal Code to read as follows: 3.24.085. Existing Firearms Dealerships. Firearms Dealers existing on the effective date of this Section who obtained a Firearms Dealer Permit pursuant to Ordinance No. 1763 (CCS) or Ordinance No. 1831(CCS) on or before January 1, 1995, shall not be required to obtain a conditional use permit, but shall comply with all other provisions of this Code. If such existing dealers are located other than in the Ml 26 e e Industrial Conservation District, such uses shall be considered legal nonconforming uses. If an existing Firearms Dealership increases its firearms or munitions display area over that which it maintained on the effective date of this Section, the Firearms Dealership shall no longer be considered a legal non-conforming use. Such Firearms Dealerships shall forthwith comply with all requirements of this Code. Any Firearms Dealership existing as of the effective date of this section who did not obtain a Firearms dealer permit by January 1, 1995, is in violation of law. SECTION 24. Any provision of the Santa Monica Municipal Code or appendices thereto, including Ordinance Number 1831 (CCS), inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 25. 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 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 27 e e invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 26. 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 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 28 e e ~~ Mayor State of CalIforma ) County of Los Angeles) ss City of Santa Momca ) I, Mana:M Stewart. CIty Clerk of the City of Santa Momca, do hereby certIfy that the foregomg Ordmance No 1852 (CCS) had Its fIrst readmg on May 28. 1996 and had Its second readmg on June 11. 1996 and \vas passed by the follm.\1ng vote Ayes Council members Abdo. Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes Council members None Abstam. CouncIl members None Absent CouncIl members Ebner ATTEST ~,._.~ l.,,~j CIty Cterk .-... wI ~ , PROOF OF PUBLIA TION (2015.5 C.C.P.) STATE OF CALIFORNIA. County of Los Angeles, I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above-entitled matter, I am the principal clerk of the printer of the .......~...~6................~1..............~.~6... THE OUTLOOK 6.........4.......................6......,.......... a newspaper of general circulation. printed and published .J).~~ltX.JH\Qt.J?^.~JlNJ?~X. in the City of .M>>:r^'.~'QnJ(:;^............ County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of.J~N...~~ 19 .~~., Case Number .. ~H.U~.....: that the notice, of which the annexed is a printed copy (set In type not smaller than nonpareil). has been published in each regular and entire Issue of said newspaper and not in any supplement thereof on the following dates, to-wit. JUNE 22 ......................6............................. all in the year 19. .?~. I certify (or declare) under penalty of pequry that the foregoing is true and correct Dated at SANTA JtiONICA ....... ....... .... 6. ............... 41...... ,.. 1L2' th' 22 d VJUll1E 9 96 \..a f rn. I IS......."..~ ay 0 ..;... ..1 1 ..... . .. . . 'k t//ukkiia-tre. .. ./IJ J:? . . .. . . . Signature ( ) The Oudool, 1920 Colorado Ave Santa Monica. California 90404 (310) 829-6811 l1....r... LOS II...........A........ V'f"U( ANGELES .~ EO 8-1M at)' cI SIata Koak:a caa;. N\UIIIIIr 1852 (ees) ~ CouDcD s.Iea) AN OBDINANCB OP 'JJUJ ClIT COUNCIL OF TlIB ud" OF SANTA MONICA AlGNDING AND ADDING VA!OOuI SBCI'IONS OP CHAP'I'BR 3.24 OP THB SANTA MONICA MUlGOPAL CODE II:BLATBD TO ~J1~DB.AT:RR PEllMlTS AND GtlN mows.AND ADJ)JNO AND 4l.~INO v.urous SBC110NS OP tBB:zaGNG (lal)JNAlQ roESr,ARfDll A DEFJN1TION'OP ANI) THB PBlDsu'~ LOCA'DON F(ll PIllBADIS DBAI.BRiiiii'i IH TIIB ClI'Y l1IIl foDowin& IS . IUI1III*Y of 0IdIDIIlc0 Numbw 1152: (CCS)})1'IpIId by .. 0ftI0e of tho C1ty AttanIey: n.m........... Nwnbc:r 1m (OCS) (Ulo -Or&uoe" ~ III)' periaD who openIII or IIIIIIIIIII> or who pt'~':"~'~ ID opente Of DIIIIIp, ..,. "'*- wtdcIl .... tnUtIen, leuea, v=...ii. or adveniaoI for ale. lII1IIfcr or .. .., ftmirm,. to obtIIIla ftMmII__ pormlt ftom the Chief of Police, No IIICb penon IIIIJ .-:...:a. bUIInIII.... wBlcNt Am haviaa IICII<<ld lID DeCaIIII1 pc:nnIIJ ar licalMI fI4UbI4 by r.tenl. ..... .. Cliy Jaw, fr\IoJ11iIi"l . fiaImJs de81er pa:mlL 'I1Ie 01dbIIaee JlIVYIdeI- "PlnlIzm- wl11!.w tM ~ IDIIIDilla u it does for purpoMI of CIJl1bada '-l Code IecIiGn 12071. Tbe 0IdaaaD&:0-.. fonh tba ~Dl' plOCIII far obtaIniJla . fInIrmI dealer peraut. AD IppbeaDt mUll subIIIit aDlIpl6 ....". to _ OW of NPot. dped ... J!Il'Ik1 of JIlllJurY.1DlI JlI.l the iWiV}oi'.ueIpllllcltioll... The. CIllct.r...... _ ..... COftdlJct ID fDw:Idpdoa to ~ ~_~ 1ft <<JIIiIk:Iat lbr . pemsk ...... tI( ct... , ~ of redml. ... dlcallaw. The ~ wm.ncIive fnxn GI CIdel of ; Po1icc . wdtIal notice pIIIIInc 01 ~ Ida or ... JppIicab l!:J ~JlIIlIIlt. TtIt ~ of Pollee wm deay a permit uIet Ibe tlUoWIrIa lQdtW;u: 1M ~ _ ~..... empIoJee, ell' -.cnl thatof wlI.o will bavo...... CIClIiId __ fInIda~, lho -IJ':'''I'_-) ,is """"" 21 ,.. 01_ 1hB 1JlPIIaIlit.. JJOt................ tilt appUcut IIu bid a pemnt previouily MObIl or dmied for ~.... WIIIIiI: tU: " i~~ p!'""_~ 2 yan far~1o ~ ill ~ ill w'~ ....n.IaWl; the IpplicIat ... made . faJt8 or ~..lIliMIit.-t.. CIIIIiIIiGl fIl..... fait ill tile appUcltloa far . panmt; .. ~ 111; ~ CiIIiIIVkIld cl 'ftdoui.......... opIIIIioa of tbe ~ u plOpOIed wiIlJd..., with 111_; ta pnJpCIIted IacIl:kIn of tbe b.... II probibi1ed; lbe ~Jt IIIlt .. "'* d secord of CIIe _ pmperty It wbIcb t1>> \IaIlJlRI it to be coaduc:tilI Pd de-. Gat .... . .... or ClIItlIr ~.-.t to <lpOIate . buIIneIII . 1IW: loc:adon.; lAd Ill)' llliIlIr puu!llh 1br ......,.. uiIC.. ~ ill the ~ ~~ The 0nIiniDce estIb1isbM ClI:INIitkMII far &be.JIlIuac:e, of nr.ma ...... pIPIII&I. no ~ ue u foIlowI: the ~ lRuC 00JIIlly wJIII.n.. 0lIIIP"'-~ tile ~ of the buIinoII; 1110 ~ mil _.... ClIl4dJ ID '" \lnf1fH1l:" lIited 0111110 pcmI1;. the pcmu._ mJIJf 1cIep ~_...-... ot~ ftrarau; ~ ~'!':'!.'!'fut.: III. m~ of til ftftlIftlII k IIOCt;. .. ~ 1II1lII1BIIIIaIA.__ r4 UllDlIIIiIiOIllIia 'u DqIIirecS by Jaw; die ~ 1IIl9t~ 1IIe"'" .... ~ by" Chief o1~ -Jlll'Dd*efiat dMiID., __In AdJ ~. poJicy of bJIuruoI fa neb forJII u tbe CIty deal plaper widl-.c&fted ~.. ~~q wbk:h. if.. polley fIICpitee. the permit . .. --1iIrIrIIIIaIlIt the ~ mast IIIow the City to l1upect the bl1tineu IIId Iho ieCcIdI_ .. buIInea; aad .. (iermIIlee 1IIUIt .obtIbl aU odIer pealika NquiRd by law lMIl!clre .. 8-.. ...... JIII1Dlt wUl___ ..... De OufiDlDCO pIO"rideI that hrmI... pamffI.. ftJf4 for.. )'IU' lifter die dale of __ and will. ~ ....... .....-_~ GI'~ oft. pcmInec'lledonlftMml~ A"-lIII1 bo..........~ -,.r u.. pedodI upgn .. ~,~\ of._ applIcItian.lar ~ paJllIaIt vt. ...w.t ,., 114 iWiV'i. by tile Odef of PobllI f1ldIDlIIIftIJ ~ JIINI:nna dill.- perIIIka lie DOt 1dIIfetab1e or UIlpable in IIIlY WIJ. It. pcrmiItee IIIIpI or 1mbIfen biJ or her pemdt, IbII wlU IlODIdtoIe poIUl4i"~~ 1Ile-......'- - -, - -":<-_<--0" ~ "11Ic ~""'IN pllIIIdI_ fbI;. ~ Ud dalIal of......u. of a ar.rm. 4a1ItJllimll; n. pOUad(__ .....orq "'.. .,...~ u.G ~ ., ~...- -.tiICb -eaDiIltuIiII'a ..... IX denflid. ji.as(t lit fbnh 11l ~QllSc~3.U~~;:-ar_~~~_tbe =~~_:-".wiIJA~~~~ IIw.t for wbidllbe permit........ ~ __ lave Wlhelr'fhwDq cIUr i-mtt nMIbcl or aD tpIlI~ ....... .....-.-IIJiIiJI-~ or -tifd to & hIIdDJ ....... ~ -.. , 1110 Ordinance au1badza Q1y ~ otIIdMI to.. aDd mPeu a.nna d.e8lcIaIIipI to __ Me lbe buIiDIII u oomplyIq: wRh 111 ~. ~1. ftre. electric:Il. ...~:. ad .w. "l'4-d.v.' .. weD . wlIb ... -PfOYIa/aII cantmed ID tho MuaidpIl CQda. Pollee ~ a.-Rdlarbed 10 '!"~ ~ with aU...... A filanu4elJer wllo vfoJara &l'fy ~ 0llalIlaId III JIaalcIpII Code SactIonI3.~.030 thIaup 3.14.036 it pllty of a JrOi.......or for.. day, ~~ occurs. l'lsnh'" Ii punbbabIt by lip to OM- ytIr in jail or a S500 Ill'& ]'be. 0IdI-.ce .n~ tbe Ci:ty ~ to QO!'"~ a c1villlCtiae to IIIkIlllorcement of 1heIe prrovb&oaJ. TU 0htIDmr:e addI SectiClIl3.24.080. -Owl. SbowJ, - to 1b8 v-~ ~ to probibit JlUIIbcRra III' ~ from tIIdq pIIcc fa the Qty '!"':~ ill die III ~ ~ Oaa IhowI or MIIb takmJ pIIce in 1110 Mll>iJldgt ID1IIt obtIm III oIhilr JIPUVab IIIIl petIIlitI ftlllIIINd by law. ... .. UfI"l ANGELES ~ e - pmblbillunlhowl or evmts &om bkiq pIIce ill * City ~~ bllhe WI ~~-: l>JItrict. I Gmllbowl or C'ItBts u.1r!nS place...IL. .. Ml DIItdct .. obiahll11 uhr .ppmnJs u4 I; pIlIDb ~ by law. . ~ 0tdiAaDcc amcadi vmoua... of tbo \rIQP1'='Pf' 0*--._ ~ ~::: ~;'1I!Dd ~*}~!I!ttlilr! J.Of.t2JJ>>Jl ~- ~WJIlcb~""'~_ 0 ~. Jheuulor~~~. Vldoaloa.......~.!l1 - . .! iq die roJJowina ZoakI& DUtdcts'. ~ BCD, asc. a, cs.. '~~: 't:P ' ad UfSI). ne.Code SectiIlu IIldq 1td. .. ~ fur the 1!Iliil:rkc __ a. - cond!lil:lnlUJ ~ __ fa .-10 DIItrIot......1DlIIbded fD......... 0 "-~ wbb ~ilfoMl u.l'ttmifI. in tbD)ll D1stdcL 'lbt~... die ~: M!'!'.!~ Code to ~ 111M 'ftJeuIu deB1enbIp III&)' JIDt '- ~u __ 0 f.:; . ~: . ~ In addaIiJJa. 1be QIlInuce~. .. MuaIdpd. ~.~ 1>>. ~'!: -. Mmi!!.11U1tar to mob: an appromI.&mo ~ PCI'IIlI& If... or ... ..... 111&... '~. permit mthorizlel . penon to ~. 1nDIfer, lII' Jeae. or otlW Clt ~ lit -. tnIII&:r, or Jew .., firann in III)' ~tl.~ 6Idet or inny P"Pd1 ~~ for Ill)' teIideutlIl Il1O, or thu the permit 1I *' IonpI' 00lIII'd"'- wbIa .,....W IICll9Ida. 'l'tI ZGDlJII AdmiDi&tral:ot 1111 aIIo .nevo:b ID -wo..."ecl1loml4lCl'$pl"pmDIt If lie or ., fiDdt 'IhIi tIw perm1t II JIO klIp ~ 'NUb lIIIcSIIdII1ll:tlW1a. Of due to dtaqu ilia... the .. kIlO loDpr ~~ It tbat locatIaR. ftJ8Dy. ., ~ Ad4J SecdoIa 3.2.4." 10 the KuaIdpIl COde fIlladq: act .... IINarmI daJenhlpI. The 0nU.nc0 pmidellbat... .... txiIdaa ClIlIbe effeccm day of dQ SectioIl wbo ~illd a &.IDa deaJlr pndt parIDIId to ~ Ot<h~ Ntm\1B' 1'l6.1 (CCS) ell tlSl (CCS) . Of bIfID JtuIJ 1. 1'") ae1lCt reqund to obIaIIIl CO"dJtl_ _ permit. If t!It .mtInI deaJIr iJ ~ ggIIide of lhe ~ H1 DbCrIct. die tile will be COIUidInd a ;:.:.:.:_=~~m: Jeplllll. It... clIIIac deIIenltip 1DIaIIllI iU ftiemu or ~ dIIpI&y .. 9'" _ wbId1 it ~1IiI* "tbt e<<ect.We ~ dale of 1bb Sectiao, the dtaJeaIllp will ao JaD&et1le 00llaIdeIell1 Jepl ~f,,: ua. ~ mlllt obIIia a ~ Ie permit. 1114 ~ eomatJ 1riIb III .. proriIlau of tbe Code. ne ~ p'OVtdeI t!lIt IIl1 ~ :..--......... __ . f1l tile etJ'cicdw dale of 1IdI Sec1ioIl wIao did DOt obIaia a1bwmJ cIeIItt pend by J-.ry 1. 1!195. ilia ~~of1l.w. 01'diaIDce Numb<< 1m (ees) wulllop&ld Clft 71* 11, 1996, ID4 tIIIU becoIae efCcIl:ahe 50 dayl ftual iCa 8d0pd0n. I, MIrIa Ii. SlIMut, 01y CkIk, do ...,. 0IdifJ that Ordi~ Number 1m (CCS) bad UlIInt ftIIdinJ..1I&)' 28, IP91S,1Dd had-b RCODd R8IIioJ on I1me II, J99<<i. IIId WU p...a 'by .. fo11owiIlI WliI: A"J'W. ClomldlIMUlben: A!Ido, ~, OJeed3era, ~ O'Cclma. ...... Noel: AbIIain: CouucilIllCllDban: Cwocn memben: ~'! t ColmcilIllemb8rJ: ~. ! ISI MA:IL\ N. STBWAllT ~ haft ell)' Ou 'Ibc [QU, t.t of 1he abow ~ II ~ IIpOD wq-. ~ U. \1Iib ora. City ~ ~~ It 1685 MaIn Strwt, Baom 102. s.ta Moelca. PMne: (310) .'-8-8211. Pub. JUlIe 22. 1996