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Cauncil Meeting: November 14, 1995 Santa Monica, California
TO: Mayor and City Council
FROM: Ci~y Staff
SUBJECT: Recammendation ta Intraduce for First Reading an
Ordinance Extending the Prohibition of Home occupatian
Permits for Fir~arms Dealers and Requiring Firearms
Dealers To Obtaa.n a Conditional Use Permit and Police
Permit for Firearms Dealer Operations.
INTRODUCTION
This report recommends that the City Council conduct a public
hearing and introduce for first reading an ordinance which extends
the existing interim ordinance prohibiting the issuance of home
occupation permits and business l~censes to any firearms dealers an
any residential distr~.ct, provides for the revocation of existing
horae accupation perm~ts and business licenses of firearms dealers,
requires new and existing firearms dealers to obtain a firearms
dealer permit fram the Cnief of Palice and requires new firearms
dealers ta obtain a Conditional Use Permit (CUP) for the use of
property for ~'irearms dealer aperations. The extension of ~he
interim ordinance is nece~sary in order to a~low sufficient time
for the Planning Commission and City Council to consider rnaking
permanent chanqes to the Zoning Ordinance regarding these ~ssues.
$ACKGROUND
~n August 9, 1994, the City Council. adopted Ordinance 1763 (CCS~
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which placed restrictions and requirements on existing and future
firearms dealer operations on an interim basis. The interim
ordinance proh~b~ts the ~ss~ance of hame occupation permits for
firearms dealers, requires the issuance of a Condi~ional Use P~rmit
for new firearms dealers (including a provision that the firearms
dealer be located at least 1~ 500 feet from a school or day care
facility) and requires all firearms d~alers to obtain a Firearms
Dealer Permit from the Chief of PoZlc~. The permit fee is $44.00.
4rdinance 1763 is due to expire an February 9, 1996 unless it is
extended prior to this date.
ANALYSIS
On October 18, 1995, the Planning Comm~ssion approved a resolut~on
announcing its intentaon to ar,~end the Camprehensive Land Use and
Zoning Ordinance to place permanent restrictions on firearms
dealership operations. A public hearing before the Planning
Commission on the zoning text amendment is scheduled for November
15, 1995. Fo~lo~aa.ng the P1.annzng Comm~.ssion hear~ng, the text
amendment will be scheduied for City Councii consideration. Due to
the fact that permanent standards for firearms dealers may no~ be
in place before the expiration of the interim ordinance, it is
necessary to extend the interim ordinance. The propased ordinance
would continua the provisions of ordinan~~ 1763 (CCS} for a periad
of nina {9) months from the date af adoption.
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$UDGET/FINANCIAL IMPACT
The propased ordinance would have no budget/financial impact.
RECOMMENDATIaN
It is recommended that the Ci~y Council int~oduce for first reading
the attached ordinance.
Prepared by: Suzanne Frick, PCD Director
Karen Ginsberg, P~anning Manager
Pau1 Foley, Associate Planner
Planning and Community ~e~elopment Department
Policy and Planning Analysis Division
Attachment A: Propasad Ordinance
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ATTACHMENT A
CA:f:\atty\muni\laws~mhs~gun2
City Council Meeting 11-14~95 Santa Monica, California
ORDINANCE NUMBER
(C~ty Co~ncil Series}
AN ORDINANCE OF THE CITY COUNGIL OF THE CITY OF
SANTA MONICA PROHIBIT~NG 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, AND ESTABLISHING
A COATUITIONAL USE AND POLICE PERMIT SYSTEM
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS
FOLLOWS:
WHEREAS, based on the findings and purpose stated below, on
May 24~ 1994, the City Cauncil adapted Ordinance Number 1745 (CCS)
prahibiting hame accupation permits and business licenses for the
sale, transfer, or lease of firearms ar munitians in any
residential district, praviding far the revocation ~f existing
permits, and establishing a conditional use and police permit
system; and
WHEREAS, on August 9, 1994 , the City Cauncil adopted ~rdinance
Number 1763 (CCS) amending Ordinance Number 1745 (CCS); and
WHEREAS, Ordinance Number 1763 (CCS) is due to expire in
February 1996; and
WHEREAS, since the adoption of Ordinance Number 1763(CCS) city
staff has been preparing appropriata amendments tv the Zoning
Ordinance and Municipa2 Code to effectuate the provisions ot that
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Ordinance, and the Zoning Ordinance revisions are scheduled ta be
considered by the Planning Commission in November 1995; and
WHEREAS, it is therefore necessary to extend the pravisions af
Ordinance 1763(CCS) pending Council action on the necessary Zoning
Ordinance and Municipal Code amendments; and
WHEREAS, for the reasans set forth below, the extension is
necessary to protect the public safety, h~alth, and welfare, and
there exists a current and immediate threat to the public health,
safety and welfare should the provisions of the Ordinance nat be
extended and should gun dealers be allowed to operate businesses in
the City contrary to the provisions af the Ordinance set forth
below.
SECTION 1. Findinqs and Purpose. The City Cvuncil finds and
declares:
(a) Firearms are used in several hundred crimes including
homicide, rape, robbery, and aggravated assault in the City of
Santa Manica each year.
(b) The accidental discharge of a firearm can lead ta serious
injury or death especially when it accurs in residential areas.
(c} Inadequately secured firearms can be stolen and such
firearms can then be used in further seriaus criminal activities.
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(d) The sale of firearms or munitions in residential
districts ar in residential praperty is incompatible with the use
of the district ar property for dwelling purposes.
{e) Neither the State of California nor the federal
gvvernment 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 Zaning Ad~inistrator shall deny a Home occupation
Permit to any person wha operates or manages any business ar
occupation which seZ~s, transfers, leases or offers ar advertises
for sale, transfer or lease any f irearm or munitions.
(b) No persan shall operate any business which sells,
transfers, leases or offers or advertises far sale, transfer or
lease any firearm or munitions in any residential ("R") district or
in any praperty utiliaed for any residential use.
(c) The Director ~f Finance shall deny a business license,
including any request to renew a license previausly issued, to any
person who operates or manages any business or occupation which
sells, transfers, leases, or offers ~r advertises for sale,
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transfer or lease any f irearm ar muniti~ans in any residential ("R" )
district or in any property utilized for residential use.
(d) The Directar of Finance shall only issue a business
license to any person who operates or manages, or who prvposes to
operate or manage, any business which sells, transfers, leases,
offers or advertises for sale, transfer, or lease any firearm or
munitians if the parson obtains all necessary permits or other
~icenses required l~y federal, state and City law.
SECTION 3. Firearms Dealer Permit and ConditiQnal Use Permit
Required for Sa~e of Gun or Munitians. Any person who operates or
manages, or who proposes to operate or manage, any business which
sells, transfers, leases, offers, or adverti.ses for sale, trans~er
or lease any firearm ar munitions, in any location where such
lausiness is permitted shall obtain a canditional use permit and
shall ob~ain a firearms dealer permit fram the Chief of Police,in
addition to any other permits required by law prior to operating or
managing the business,
SECTIaN 4. Revocation af Hame Occunation Permits and Business
Licenses.
{a) The Zoning Administrat~r may rQ~oke any appr~ved Home
Occupation Permit which autharized a person to operate or manage
any business which se11s, transfers, leases, ~ffers or advertises
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for sale, transfer, or lease any firearm or munitions in any
residential district ar in any property utiiized far any
residential use.
(b} The Director of Finance may revoke any business ~icense
issued to any person to operate or manage any business which selis~
transfers, leases, otfers ox advertises for sale, transfer, or
~ease any firearm Qr munitians ~n any residential district or in
any property utilized for any rESidential use.
(cy The Zoning Administrator is authorized to revoke any Hame
Occupation Permit if the Zoning Administratar determines that the
permit is na longer compatible with residential activities, or if
the Zaning Administrator determines that due to changes in law, the
permit is no longer valid.
SECTION 5. Conditional Use Permit. The City Planning
Commission, ~r the City Council on appeal, shall have the authority
to approve the use af a praperty for a business or use which sells,
transfers, leases, offers or advertises for sale, transfer or lease
any firearm or munitions in any locatian where such business is
permitted, and shall issue a Conditional Use Permit if the
fo].lowing findings can be made in an affirmative manner:
(a) The proposed use will not adverse].y affect the welfare of
neighbvrhood resa.dents in a significant manner.
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(b) The proposed use will not contributa to an undue
aoncentration of similar uses in the area.
(c} The praposed use wil~ not detrimentalZy affect nearby
neighborhoods, considering the distance of the use to residential
buildings, churches, schovls, hospitals, playgraunds, parks, and
other existing similar uses.
(d) The praposed use is compatible with existing and
potentia~ 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
(1,5D0) feet of any other similar use, any day care faci~ity~ or
any e3ementary, middle, junior or high school.
SECTION 6. Manner af Application; Fees. An application fQr
a firearms dealer permit under this Ordinance sha~l be fi~ed with
the Chief of Police under penalty of perjury on a form to be
specified by the City. The application shali provide all relevant
intormation to demonstrate the applicant's compliance with this
Ordinance including a floor plan af the proposed business which
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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 in~ormation requested, including the proof of
compliance with all applicable federal, state, and local law when
required by the Chief of Palice, ar 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 Any Relevant
Facts. The Chief of Police may cause to be conducted an
znvestigation to deter~ine whether the applicatiQn for a firearms
dealer permit meets all the requirements of federal state and loca~
~aw and may require any and all additional information frortt an
applicant that is deemed necessary to completa the investigation.
SECTIDN 8. Grounds for Denial af Applicatian. The Chief of
PQlice sha11 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 fdrth the ground or grounds for the
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Chief of Police's decision. The Chief of Police shall deny the
issuance of a permit when any of the follow~ng conditions are met:
(a) The applicant, or any officer, employee, or agent thereof
who will have access and control over firearms is under twenty-~ne
( 21) years af age .
(b) The applicant is nat licensed as required by all
applicable federal, state, and Iocal laws.
(c) The applicant, or any off icer, employe~s, 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 twa (2) years for failure to aperate its
business in compliance with the requirements of federal, state ar
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 rnade a false or
misleading statement of a material fact or an on~ission of a
material fact in the application for a permit.
(e) The applicant, or any officer, employee, or agent thereof
wha will have access and cantro~ over firearms, has been convicted
ot the following:
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(1) Any offense which disqualifies the pers~n convicted
from owning or pvssessing a firearnt under applicable federal,
state, and local laws.
[2) Any offense related ta the manufacture, sale,
possession, or registration of any firearm or dangerous ar deadly
weapon.
{3) Any offense in~olving the use of violence upon the
person af another.
(4} Any offense involving theft, fraud, dishonesty, or
deceit.
(5) Any offense involving the manufacture, sale,
possession, or use of any contralled substance as defined by
CaZifornia HeaZth and Safety Code Sectian I1007 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 Institutians Code Sections 8100 or 8103.
(g) The oparation of the business as proposed will not comply
with all applicab~e federal, state, and Ioca]. laws.
(h) The applicant, or any officer, 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
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Zaning Adr~inistrator or has nat obtained other necessary City
permits.
(i) The applicant, or any officer, employee, or agent
thereof, is nat the awner 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
iocation.
(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 ather grounds for denial that exist as specifa.ed in
the Santa Monica Mun~cipal Code.
SECTION 9. Security. Any business required to be licensed
pursuant to this Ordinance sha11 adhere to security measures as
required by the Chief of Palice. Security measures shall include,
but not be limited ta, the fallowing:
(a) The pravisian of secure locks, windows, and dovrs,
adequate Zighting, and such fire and theft a~arms as specified by
the Chief of Police.
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(b) The staring of all firearms and munitions on the premises
out of reach of customers in secure, lacked facilities, so that
access to firearms and munitions shall be contralled by the dealer,
or employees of the dealer entrusted to handle firearms, to the
exc].usion 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 sul~ject to all of the following
conditians, 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 Manica
permit.
(b) The Permittee shail observe all federal, state, and local
constraints on the operatian af the permitted business including,
but not limited to Califarnia Penal Code Sections 12072(b~, 12073,
12074, 12077, and 12082, ta the extent that the provisions remain
in effect.
(c) The licensee shall not deliver any pistol or revalver to
a purchaser earlier than fifteen (15) days after the application
for the purchase, lease, or transfer, unless atherwise provided by
state ar federal law.
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(d) The Permittee sha~l keep complete and currant records of
all firearms transactians. In addition to the requirements in
California Pena~ Code Sectians 12D73, 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 classificatian, serial numbers, and any other information that
is required by the Chief of Police for the tracking of the chain af
ownership of the ~irearm.
(e) The Permittee consents to the City's inspection of the
business premises and recards in order for the City to establish
continued compliance with the terms af the permit.
(f) The licensee shall not deliver any firearm to a
purchaser, ].essee or athar transferee unless the firearm is
unloaded, and secure~y wrapped or unloaded in a locked container.
(g) The permit shall not became effective until the Permittee
has obtained a~l other pex~mits required by federal, ~tate, or local
law including, but not Iimited to, a business license and zoning
and building permits.
SEGTION ~1. Permit Duration ~ne Year - Renewal. All firearms
dealer permits issued pursuant to this Ordinance shall expire one
{1) year after the date of issuance or automaticall.y upon
revocation or expiration of Permittee's federal firearms license,
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whichever is earlier. Such per~its may be renewed by the Chief of
Police for additional periods of one year upan the approval of an
application for renewal by the Chief of Police and paymant of the
renewal fee established by City Council resolution. A completed
application for renewal shall be submitted to the Chief af 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 ter~. If the application is submitted in a timely manner, the
permit to operate shall continue in effect until twa weeks after
the Chi~f of Police mails writt~n notice to the applicant denying
renewal. The City of Santa Monica pex-mit shall be granted
canditianally upon the applicant providing proaf of a valid federal
firearms license; the per~it will not become effectiva until
applicant shows proof of compliance with all appZicable 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 thzs Ordinance and any such
assignment or transfer or attempt to assign or transfer a permit
shall constitute grounds ta revoke the permit.
SECTION 13. Permit - Grounds for Revocation; Appeals.
(a) In addition to any other basis far revocation of any
permit or license set forth in this Ordinance, any circumstance
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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 revake
any permit or license pursuant to this Ordinance may appeal to a
Hearing Examiner in accordance with Chaptar 6.16 af the Santa
Monica Munic~pal Code.
SECTION 14. Permit - Liability Insurance. No permit shall be
issued or continued pursuant to this Ordinance un~ess there is in
ful.l force and effect a policy af insurance in such form as the
Ci.ty deems proper, executed by an insurance company approved by the
City whereby the applicant or Permi.tt~e is insured against
~iabiZity for da~nage tv property and for injury to ar death of any
person as a result of the sale, transfer, or lease, or offering or
exposing for sale, transfer, or lease, af any firearm. The minimum
liabilit~ limits shall not be less than One Million Dollars
{$1,000,000.40) for damage to or destruction of property in any one
incident, and One Million Dollars ($1,00O,OOD.00) for the death or
znjury to any one person. Such policy of insurance shall contain
an endorsement pravid3ng that the policy will not be cance~ed until
notice in writing has bsen given to the City, address in care af
the Risk Manager, 171.7 4th Street, Santa Monica~ Califarnia 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
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expiration thereof in the manner provided for the initial securing
of a permit under this Ordinance, the permit shall be deemed
canceled withaut further notice or opportunity ta be heard.
SECTION 15. Permit - Autharitv to Ins~ect. Any and all
investigating afficials 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 enfarce compliance with building, mechanical, fire, electrical,
plumbing, and health regulations, as well as the provisions of this
Ordinance. A police investigator may conduct complianc~
inspections to ensure conformance with all federal, state, and
local laws, and the provisians af this Ordinance.
SECTION lg. CompZiarsce by Existincr Dealers. Any person
engaging an the business of selling, transferring, or leasing~ or
advertising for sale, transfer, or lease, or offering or expasing
far sale, transfer, or lease, any firearms on the effective date of
this Ordinance {"Existing Dsaler'~ } shall comply with the provisions
of this 4rdinance 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 provisior-s of this Ordinance, including the
obligation to obtain a f irearms dealer permit from the Chief of
Palice, by January 1, 1995.
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SECT~ON 17. Violation - Misdemeanor~ Civil Enfarcement.
(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 jail ar a Five Hundred Dollar ($500.00) fine, or
both.
{b) In addition to any other penalty ar x'em~dy, the City
Attorney may commence a civil action to seek enforcQment of this
Ordinance.
SECTION 18. This ~rdinance shall be of na further force and
effect nin~ (9) months from its adaption, unless prior to that
date, the City Council extends the ordinance in the manner required
by law.
SECTZON 19. Any provision of the Santa Monica Municipal Code
or appendices thereta inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and na further,
are hereby repealed or modified ta that extent necessary to effect
the provisions of this Ordinance.
SECTION 20. 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
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jurisdiction, such decisinn shall nat affect the validity af the
remaining portions af this ordinance. The City Council hereby
declares that it wauld have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutianal withatit regard to whether any portion
af the ~rdinance would be subsequently declared invalid or
unconstitutional.
SECTIDN 21. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause this ordi.nance, or a summary thereof to ba published once in
the official newspaper within 15 days after its adoption. This
Ordinance shall be effective 30 days from its adaption.
APPROVED AS TO FOiZM:
! C-C~~~
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MARSHA J~N MOUTRIE
City Attarnay
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