Chapter 5.80
RETAIL SALE OF FIREARMS
Sections:
5.80.010 Duly Constituted Licensing Authority.
5.80.050 Revocation or Denial of License.
Prior legislation: Ord. 87-41.
5.80.010 Duly Constituted Licensing Authority.
The City Manager is hereby designated as the City’s licensing authority and is authorized to issue licenses for the sale of firearms pursuant to California Penal Code Section 26705. (Ord. 2023-22 § 342, 2023; Ord. 2013-11 § 23, 2013: Ord. 91-32 § 1 (part), 1991)
5.80.020 Definitions.
The term “firearms” shall mean the same as that term is defined in California Penal Code Section 16520. (Ord. 2023-22 § 343, 2023; Ord. 2013-11 § 24, 2013; Ord. 91-32 § 1 (part), 1991)
5.80.030 License Required.
No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising, offering or exposing for sale, lease or transfer of firearms unless he or she has obtained a license from the City Manager pursuant to this Code and the California Penal Code and has paid the required licensing fee. The license shall not be transferable and shall be valid for one year from the date of issue. (Ord. 2023-22 § 344, 2023; Ord. 2013-11 § 25, 2013: Ord. 91-32 § 1 (part), 1991)
5.80.040 Fees.
The City Council shall establish by resolution, and from time to time amend, a schedule of fees sufficient to cover the costs to the City of Newport Beach of administering this ordinance, to be paid upon issuance of a license. (Ord. 91-32 § 1 (part), 1991)
5.80.050 Revocation or Denial of License.
The City Manager may refuse to issue or to renew a license or may revoke or suspend an existing license on any of the following grounds:
A. The applicant or license holder has failed to comply with any of the provisions of the California Penal Code.
B. The applicant or license holder has failed to comply with applicable provisions of this Code.
C. The applicant or license holder has failed to comply with applicable Federal firearms laws and regulations.
D. The applicant or license holder has made a material false, misleading, or fraudulent statement of fact to the City in the permit application process.
In any such case, the applicant or license holder shall have the right to appeal to the City Council or a member of the City Council may call an item for review in the time and manner set forth in this section.
When the City Manager concludes that grounds for suspension or revocation or refusal to renew a license exists, the City Manager shall serve the applicant or license holder with a notice of intent to suspend or revoke or refuse to renew the license in the manner provided in Section 1.08.080. This notice shall state the reasons for the proposed suspension, revocation, or refusal to renew, the effective date or if no appeal is filed by applicant or license holder, and the right of the applicant or license holder to appeal to the City Council and the decision of the City Manager to suspend, revoke or refuse to renew the license. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the Clerk. The right to appeal to the City Council or call an item for review shall terminate upon the expiration of fifteen (15) days following the service of the notice of intent to suspend or revoke or refuse to renew the license in the manner provided in Section 1.08.080.
The City Council may preside over the hearing on appeal or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and submit to the City Council findings and recommendations to be considered by the City Council of the City of Newport Beach. The City Council shall preside over a hearing for a call for review. The City Council shall render its decision within forty-five (45) days from the date of the hearing or, if a Hearing Officer has been appointed, within forty-five (45) days from the date on which the City Council receives the findings and recommendations of the Hearing Officer. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (Ord. 2023-22 § 345, 2023; Ord. 2015-9 § 10, 2015: Ord. 2013-11 § 26, 2013; Ord. 91-32 § 1 (part), 1991)