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City Council Meeting 4-12-94
Santa Monica, califo~~~a 1 2199't
STAFF REPORT
TO: Mayor and City Council
FROM: city Attorney
SUBJECT: Emergency Ordinance 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
At its meeting of March 8, 1994, the City Council directed the
City Attorney to prepare an ordinance to further regulate, and with
regard to residential properties to prohibit, the sale of guns and
munitions. The accompanying emergency ordinance has been prepared
in response to this direction and is presented to the city Council
for its consideration and immediate adoption.
The proposed ordinance prohibits anyone from obtaining a home
occupation permit for the purpose of selling, transferring or
leasing firearms or munitions. Both the Zoning Administrator and
the Finance Director are authorized to deny such permits. They are
also authorized to revoke any such permits previously issued.
In
addition,
the
proposed
ordinance
establishes
a
comprehensive firearms dealer permit procedure, modeled after those
in existence in San Francisco, Berkeley and Oakland, to be
administered by the Chief of Police.
Before obtaining such a
permit, the applicant would need to agree to comply with various
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security and insurance requirements. In addition, each applicant
will be screened in accordance with the terms of the ordinance to
determine that he or she qualifies as a suitable candidate for such
a permit. Although it is renewable, each firearms dealer permit
expires after one (1) year.
Further, a conditional use permit will be required before any
firearms dealer permit will be issued. The conditional use permit
criteria are similar to those in existence for alcohol outlets.
RECOMMENDATION
The city Attorney recommends that the accompanying ordinance
be adopted as an emergency ordinance and that in accordance with
City Charter section 615, the ordinance take effect immediately.
PREPARED BY:
Marsha Jones Moutrie, city Attorney
Joseph Lawrence, Assistant City Attorney
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CA:MM:J:muni\laws\jl\gun.ord
City Council Meeting 4-12-94 Santa Monica, California
ORDINANCE NUMBER 1735
(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 cr1mes 1ncluding
homicide, rape, robbery, and aggravated assault in the city of
Santa Monica each year.
(b) The accidental discharge of a firearm can lead to ser10US
injury or death especially when it occurs in residential areas.
(c) Inadequately secured firearms can be stolen and such
firearms can then be used 1n further serious crim1nal activities.
(d) The sale of firearms or munitions in residential
districts or 1n residentlal property 1S incompatlble with the use
of the district or property for dwelllng 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 .
Prohibition on Home Occupation Permits and
Business Licenses.
(a) The Zoning Administrator shall deny a Home Occupation
Perm~t 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 res~dential 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 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
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munition if the person obtains all necessary permits or other
licenses required by federal, state and City law.
SECTION 3. Firearms Dealer Permit and Condltional Use Permlt
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 firearm's dealers permit from the Chief of POlice,in
addition to any other permits requlred by law prior to operating or
managing the buslness.
SECTION 4. Revocation of Home occupation Permits and Business
Licenses.
(a) The Zoning Administrator may revoke any approved Home
occupation Permit which authorlzed a person to operate or manage
any bUSlness 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
residentlal use.
(b) The Director of Finance may revoke any business license
lssued to any person to operate or manage any business which sells,
transfers, leases, offers or advertlses for sale, transfer, or
lease any firearm or munltion in any residential district or in any
property utilized for any residentlal use.
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(c) The Zoning Administrator is authorized to revoke any Home
Occupation Permit if the Zoning Administrator determines that the
perm1t is no longer compatible with res1dential 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 Plann1ng
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
perm1tted, and shall issue a Conditional Use Perm1t if the
follow1ng 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.
(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, hosp1tals, playgrounds, parks, and
other existing alcohol outlets.
(d) The proposed use is compatible with existing and
potent1al 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 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 bus1ness which
illustrates the applicant's compliance with the security provisions
of section 9 of this Ordinance. The appl1cation shall also include
a certification by the City Land Use and Transportation Management
Department that the applicant's business will not be located in a
zoning district in which the operation of a firearms bus1ness is
proh1bited by law and that the appl1cant 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
requ1red 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.
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SECTION 7. city's Right to Investigation 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 additJ.onal 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
decisJ.on to grant or to deny the application for a firearms dealer
permJ.t. The notice shall set forth the ground or grounds for the
Chief of Police's decision. The Chief of PolJ.ce 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 wJ.II have access and control over firearms is under twenty-one
(21) years of age.
(b) The applicant J.S not licensed as required by all
applJ.cable 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
immediate preceding two (2) years for failure to operate its
business in compliance with the requirements of federal, state or
local law, inCluding any conditions J.mposed by such laws.
(d) The applicant, or any offJ.cer, 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 material fact or an omJ.ssion 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:
(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 regJ.stration of any firearm or dangerous of deadly
weapon.
(3) Any offense involving the use of vJ.olence upon the
person of another.
(4) Any offense J.nvolving theft, fraud, dishonesty, or
deceit.
(5) Any offense involving the manufacture, sale,
possession, or use of any controlled substance as defined by
CalifornJ.a Health and Safety Code Section 11007 as saJ.d defJ.nJ.tion
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
WJ.th all applicable federal, state, and local 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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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 Mun1c1pal Code.
SECTION 9. Secur1ty. Any business required to be licensed
pursuant to this Ordinance shall adhere to security measures as
required by the Chief of Pol1ce. Secur1ty measures shall include,
but not be limited to, the follow1ng:
(a) The provision of secure locks, windows, 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 in secure, locked facilities, so that
access to firearms and mun1tions shall be controlled by the dealer,
or employees of the dealer entrusted to handle firearms, to the
exclusion of all others.
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SECTION 10. permi t 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 suffic1ent 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 perm1tted business including,
but not 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.
(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 1nventory shall include an entry for each weapon, w1th
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.
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(el 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. Perm1t Duration One Year - Renewal. All firearms
dealer perm1ts 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,
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 appl1cation 1S submitted in a timely manner, the
permit to operate shall continue 1n effect until two weeks after
the Chief of Police ma1ls written notice to the applicant denying
renewal. The city of Santa Monica perm1t shall be granted
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cond~tionally 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.
(al In addition to any other basis for revocat~on of any
permit or license set forth in this Ordinance, any c~rcumstance
constitut~ng a ground for den~al of the permit or license shall
also constitute a ground for revocation.
(bl 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
Mon~ca Municipal Code.
SECTION 14. Permit - Liability Insurance. No permit shall be
~ssued or continued pursuant to this Ordinance unless there is in
full force and effect a pol~cy of insurance in such form as the
City deems proper, executed by an insurance company approved by the
C~ty whereby the appl~cant or Permittee is insured against
liab~lity 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, or any firearm. The mlnimum
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, address in care of
the Risk Manager, 1717 4th Street, Santa Monica, California 90401,
at least thirty (30) days immediately prior to the tlme such
cancellation becomes effective. Upon expiration of any such policy
and if no additlonal insurance has been secured prior to the
expiration thereof in the manner provided for the initial securing
of a permit under this Ordinance, the permlt shall be deemed
canceled without further notice or opportunity to be heard.
SECTION 15. Permit - Authority to Inspect. Any and all
lnvestigating 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 lnspections to observe
and enforce compliance with building mechanical, fire, electrical,
plumbing, and health regulations, as well as the provlsions 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.
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SECTION 16. Comoliance 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 shall have a period of ninety (90) days after such
effective date to comply with the provisions of this Ordinance.
SECTION 17. violation - Misdemeanor; civil Enforcement.
(a) Any person who conducts a business in violation of this
Ordinance shall be guilty of a mlsdemeanor for each day a violation
occurs. Each violation of this Ordinance shall be punlshable 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 clvil action to seek enforcement of this
Ordlnance.
SECTION 18. This ordinance shall be of no further force and
effect forty-five (45) days from adoptlon, unless extended in the
manner required by law.
SECTION 19. This Ordlnance 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.
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SECTION 20. Any provision of the Santa Monica Mun1cipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistenc1es and no further,
are hereby repealed or modified to that extent necessary to affect
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
jurisdict1on, such decision shall not affect the validity of the
rema1ning 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 1nvalid 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 publ1shed once in the official newspaper
within fifteen (15) days after its adoption. This Ordinance shall
become effective upon adoption.
APPROVED AS TO FORM:
! 11 u-< <, t: .d ('j./Mj-'7 J1{ v Lt f--u.E
MARSHA J6NES 'MOUTRIE
City Attorney
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Adopted and approved tins 12th day of Apnl, 1994
Ma+~
I hereby certify that the foregomg Ordmance No. 1735 (CCS) was duly and regularly
adopted at a meetmg of the City Council on the 12th day of Apnl, 1994, by the following
Council vote
Ayes'
Councllmembers.
Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstem,
Vazquez
Noes
Councllmembers
None
Abstam Councllmembers None
Absent. Councllmembers None
ATTEST
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City Clerk