Chapter 14. Firearms Dealer Permits and Imposition of Fee for Police Services

Sec. 4-14.01 Purpose and Findings.

The City Council of the City of Hercules does hereby find as follows:

(a) Statistics received from the United States Department of Justice on Guns and Crime indicate that:

(1) Most thefts of firearms (64%) occurred during household burglaries.

(b) The increase in the incidents of injury and death by firearms has become a national concern.

(c) Firearms are the leading cause of death to children ten (10) through fourteen (14) years old in Contra Costa County.

(d) The City of Hercules believes it should monitor the activities of local firearms dealers. Reasonable business regulation is needed to insure compliance with Federal, State, and local laws. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.02 Definitions.

(a) “Firearm” means any device, designed to be used as a weapon or modified to be used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.

(b) “Firearms dealer” means a person engaged 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 firearm.

(c) “Engaging in the business” means the conduct of a business by the selling, transferring, or leasing of any firearm; or the preparation for such conduct of business as evidenced by the securing of applicable federal or state licenses; or the holding of one’s self out as engaged in the business of selling, transferring, or leasing of any firearm, or the selling, transferring, or leasing of firearms in quantity, in series, or in individual transactions, or in any other manner indicative of trade.

(d) “Person” means natural person, association, partnership, firm, or corporation. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.03 Permit Required.

It shall be unlawful for any person, partnership, cooperative, corporation, firm, or association to engage in the business of operating or managing any business which sells, transfers, leases, or offers or advertises for sale, transfer, or lease, any firearm without first obtaining a firearms dealer permit from the Chief of Police of the Hercules Police Department and a Hercules Business License. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.04 Application, Forms, Fees.

An applicant for a permit under this chapter shall file with the Chief of Police a sworn application in writing on a form to be furnished by the City. The applicant shall provide all information requested, including proof of compliance with all applicable Federal, State, and local laws when required by the Chief of Police, or application will not be deemed complete. The application shall be accompanied by a non-refundable fee as set forth in the City of Hercules Fee Resolution. To the extent practicable, the fee amount shall reflect the cost of enforcing the requirements of this Chapter. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.05 Application Investigation.

The Chief of Police shall conduct an appropriate investigation to determine for the protection of the public safety whether the permit may be issued. The Chief of Police may require additional information on an applicant if deemed necessary to complete the investigation. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.06 Application Denial.

The Chief of Police may deny the issuance of a permit when any of the following conditions exist:

(a) The applicant, or agent thereof, is under the age of twenty-one (21) years.

(b) The applicant is not licensed as required by all applicable Federal, State and local laws.

(c) The applicant, or an officer, or responsible agent if the applicant is a corporation, has had a similar type permit previously revoked or denied for good cause within the immediately preceding two (2) years.

(d) The applicant, or an officer, or agent thereof, has made a false or misleading statement of a material fact or omission of a material fact in the application for a permit.

(e) The applicant, or an officer, or agent thereof, has been convicted of:

(1) Any offense so as to disqualify the applicant, or an officer, or agent thereof, from owning or possessing a firearm under applicable Federal, State, and local laws.

(2) Any offense relating to the manufacture, sale, possession, use, or registration of any firearm or dangerous or deadly weapon.

(3) Any offense involving the use of force or 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 the California Health and Safety Code as said definition now reads or may hereafter be amended to read.

(f) The applicant, or an officer, or agent thereof, is an unlawful user of any controlled substance as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read, or is an excessive user of alcohol to the extent that such use would impair his or her fitness to be a dealer in firearms.

(g) The applicant, or an officer, or agent thereof, has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which would impair his or her fitness to be a dealer in concealable firearms.

(h) The operation of the business as proposed will not comply with all applicable Federal, State, or local laws.

(i) The applicant, or an officer, or agent thereof, proposes to operate in the following conditions:

(1) Within a zoning district in which general retail sales commercial activities are not a permitted or conditional use.

(2) Within a zoning district in which residential use is the principal permitted or maintained use or within one hundred and fifty (150) feet of the exterior limits of any such district.

(3) Within one hundred and fifty (150) feet of a public or private day care center or day care home, or within one hundred and fifty (150) feet of any elementary, junior high, or high school whether public or private.

(4) On or within one thousand (1000) feet of any other premises occupied by a firearms dealer as measured from the entry door in a straight line.

(j) Any ground for denial exists as specified in this Code. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.07 Security.

In order to discourage the theft of firearms stored on the premises of a firearms dealer, any business licensed under this Chapter must adhere to security measures as required by the Chief of Police. Security measures shall include but are not limited to:

(a) The requirements listed in California Penal Code Section 12071.

(b) Storing of all firearms on the premises out of the reach of customers in secure, locked facilities, so that access to firearms shall be controlled by the dealer or employees of the dealer, to the exclusion of all others.

(c) All premises utilized for the storage and/or sale of firearms by a permit holder under this Chapter shall be protected against unlawful forced entry by an alarm system that meets or exceeds the following specifications:

(1) The alarm system shall provide detection at all building openings and closings. The system shall also have at least one interior detection device.

(2) The alarm system shall be monitored by a twenty-four (24) hour central station capable of providing immediate notification of the Police Department in the event of an activation.

(3) The subscriber or designee shall be capable of responding to the business within thirty (30) minutes following the activation of the alarm.

(4) The alarm system shall be provided with a battery backup power supply in the event that electrical power is interrupted. The battery backup shall maintain the system in service for a minimum period of four (4) hours.

(5) The alarm system shall be provided with the transmission line security protection.

(d) The Chief of Police may require additional security measures as may be reasonably necessary. Additional security requirements are subject to meet and confer with the Chief of Police or designee and appealable in accordance with Section 414.13.

(e) The alarm protection requirements outlined in subsection (c) of this Section shall not apply to existing residential applicants receiving the grandfather exception described under Section 4-14.15 of this Chapter. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.08 Permit Form.

All permits issued pursuant to this Chapter shall be in the form prescribed by the Attorney General of the State of California. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.09 Permit Duration and Renewal.

All permits issued pursuant to this Chapter shall expire one (1) year after the date of the issuance; provided, however, that such permits may be renewed by the Chief of Police for additional periods of one (1) year upon the approval of an application for renewal by the Chief of Police and payment of the renewal fee. Such renewal application must be received by the Chief of Police, in completed form, no later than forty-five (45) days prior to the expiration of the current permit. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.10 Permit Assignment.

The assignment or attempt to assign any permit issued pursuant to this article is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.11 Permit Conditions.

Any permit issued pursuant to this Chapter 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:

(a) The business shall be carried on only in the building located at the street address shown on the license. The applicant, or an officer, employee or agent thereof shall have a possessory interest in the property at which the proposed business will be conducted before business is conducted (or engaging in the sale of firearms).

(b) The permittee shall comply with Sections 12073, 12074, 12076, 12077, and 12082 and subdivision (b) of Section 12072 of the California Penal Code, to the extent that the provisions remain in effect.

(c) A firearms dealer wishing to authorize employees to assist in the handling of firearms shall comply with the following:

(1) The firearms dealer shall maintain a current roster of the authorized employee(s) on file with the Chief of Police.

(2) Employees must be at least twenty-one (21) years of age.

(3) Each authorized employee shall possess one (1) of the following prior to handling or having access to any firearms in the course of their employment:

A. A valid Certificate of Eligibility issued by the State of California.

B. Obtain a clearance by being fingerprinted by the Hercules Police Department and having their fingerprints submitted to the California Department of Justice. The applicant shall pay the fingerprinting fee set by the City’s fee schedule and the processing fee set by the California Department of Justice. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.12 Grounds for Permit Revocation.

Provisions constituting grounds for denial shall also constitute ground for revocation. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.13 Permit Hearing.

(a) Any person whose application for a permit under this Chapter has been denied, or whose permit has been revoked pursuant to the provisions of this Chapter, shall have the right to a hearing before the Chief of Police or a designee prior to final denial or prior to a revocation.

(b) The Chief of Police shall give the applicant or permittee written notice of the intent to deny the application or to revoke the permit. The notice shall set forth the ground or grounds for the Chief of Police’s intent to deny the application or to revoke the permit, and shall inform the applicant or permittee that he or she has ten (10) days from the date of the receipt of the notice to file a written request for a hearing. The application may be denied or the permit revoked if a written request is not received within the ten-day period.

(c) If the applicant or permittee files a timely hearing request, the Chief of Police shall set a time and place for the hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross examine any witnesses against them. If the Police Chief upholds the decision to deny or revoke the permit, the applicant has ten (10) days to file a request for an appeal to the City Manager. The appeal shall be heard by the City Manager or designee and shall be conducted in the same manner as the appeal to the Chief of Police. The decision of the City Manager or designee is final and non-appealable. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.14 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 hours to make reasonable inspections to observe and enforce compliance with building, mechanical, fire, electrical, plumbing, or health regulations, and provisions of this Chapter. A police investigator may conduct compliance inspections to insure conformance to all Federal, State, and local laws, and all provisions of this Chapter. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.15 Compliance.

(a) Any person possessing a valid Federal Firearms License, Certificate of Eligibility issued by the California Department of Justice, a Seller’s Permit issued by the California Board of Equalization, and a valid City of Hercules Business License at the time the ordinance codified in this Chapter takes effect shall comply with the following conditions should they choose to remain in the business of selling firearms in the City:

(1) The Firearms Dealer shall have forty-five (45) days from the effective date of the ordinance codified in this Chapter to submit an application to the Police Chief for a Firearms Dealer Permit. The Police Chief shall issue a temporary permit upon verification that the dealer possesses all the certificates described in Section 4-14.16(a). The temporary permit shall be valid until the Chief of Police renders a decision on the granting of a regular permit.

(2) All conditions contained in this Chapter shall apply except that existing firearms dealers shall be exempt from the zoning requirements described in Section 4-14.06(i) with regard to sales from residential areas. Existing dealers shall qualify for this exemption as long as they remain in business at the same residential address and meet all other Federal, State, and local licensing requirements.

(3) If an existing firearms dealer does not submit the application for a permit from the Chief of Police within forty-five (45) days from the effective date of the ordinance codified in this Chapter, they will no longer be licensed to sell firearms in the City.

(b) Any person not currently licensed to sell firearms in the City of Hercules as described in Section 4-14.16(a) at the time the ordinance codified in this Chapter takes effect may not engage in the sale of firearms until a permit from the Chief of Police is obtained and are subject to all restrictions outlined in this Chapter. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.16 Temporary Suspension of Permit to Sell Firearms.

(a) If the dealer violates any Federal, State, or any local county or city law, the Chief of Police may immediately suspend the right of the dealer to sell firearms. This temporary suspension will not exceed three (3) days unless a criminal charge is filed in court by a Federal, State, or County District Attorney. If criminal charges are filed, such permit may be suspended until the case is adjudicated in a court of law.

(b) Notice of suspension shall be mailed to the person(s) who made the application for the permit and shall be delivered to the address listed on the permit. (Ord. 330 § 1 (part), 1995)

Sec. 4-14.17 Severability.

If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions of this Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. (Ord. 330 § 1 (part), 1995)