Chapter 9.10
SALES OF FIREARMS AND MUNITIONS
Sections:
9.10.010 Purpose—Adoption of State Penal Code provisions.
9.10.030 Manner of application—Fees.
9.10.040 Investigation by the chief of police.
9.10.050 Grounds for denial of permit.
9.10.060 Grounds for revocation.
9.10.080 Police chief permit conditions.
9.10.110 Expiration of police chief permit.
9.10.120 Use permit application.
9.10.130 Possessory interest in the property.
9.10.150 Use permit conditions.
9.10.160 Authority to inspect.
9.10.170 Revocation of use permit.
9.10.010 Purpose—Adoption of State Penal Code provisions.
It is the purpose of this ordinance to establish, as authorized by the State of California Penal Code section 12071, a local licensing scheme for persons who sell, lease or transfer firearms. In furtherance thereof, the city hereby adopts in whole provisions identical to those of sections 12071 through 12084 of the State Penal Code, as they may be amended from time to time, as though fully set forth herein. (Ord. No. 94-010, Enacted, 7/18/94)
9.10.020 Permit Required.
A. It shall be unlawful under this Chapter for any person to engage in the business of selling, transferring, or leasing, or advertising for sale, transfer or lease, or offer or expose for sale, transfer or lease, any firearm unless he or she has been issued a license as required by this chapter. “Engage in the business” means the conduct of a business by the selling, leasing, or transferring of any firearm; or the preparation for such conduct of business, as evidenced by the application for or securing of applicable state or federal licenses; or the holding of oneself out as engaged in the business of selling, transferring, or leasing of any firearms; or the selling, transferring or leasing of firearms in quantity, in series or in individual transactions, or in any other manner indicative of trade.
B. Such license shall consist of a permit issued by the police chief after a determination by the police chief that the applicant meets the standards for obtaining a permit based on the criteria contained herein.
C. A person shall not be deemed licensed to sell firearms until that person has obtained both the permit from the police chief and a use permit for the business site from the city planning commission. (Ord. No. 94-010, Enacted, 7/18/94)
9.10.030 Manner of application—Fees.
An applicant for a permit under this chapter shall file with the police chief an application in writing, under penalty of perjury, on a form to be furnished by the city or as information requested to demonstrate compliance with this chapter, including a floor plan of the proposed business which illustrates the applicant’s compliance with the security provisions of Section 9.10.080D of this chapter. The application shall also include a certification by the City’s Community Development Department that the business will not be located in a zoning district in which the operation of firearms business is prohibited by law. The applicant shall provide all information requested, including proof of compliance with all applicable federal, state and local laws, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable fee for administering this chapter, to be established by resolution of the City Council. (Ord. No. 94-010, Enacted, 7/18/94)
9.10.040 Investigation by the chief of police.
The police chief shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The police chief may require an applicant, or any officer, agent, or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the police chief, and any other additional information which the police chief deems necessary to complete the investigation. (Ord. No. 94-010, Enacted, 7/18/94)
9.10.050 Grounds for denial of permit.
The police chief shall give the applicant written notice of the chief’s decision to deny or revoke the application. The notice shall set forth the ground or grounds for the chief’s decision, and shall inform the applicant that he or she has ten (10) days from the date the notice was mailed within which to file a written request for a hearing with the chief. The police chief shall issue a permit unless he finds one or more of the following:
A. The applicant, or an officer, employee or agent thereof, is under the age of twenty-one (21) years;
B. The applicant is not licensed as required by all applicable federal or state laws, or the operation of the business as proposed will not comply with all applicable federal, state, and local laws, including, but not limited to any of the following:
1. The applicant has failed to provide a copy of his or her valid federal firearm’s license.
2. The applicant has failed to provide a valid seller’s permit issued by the State Board of Equalization.
3. The applicant has failed to provide a copy of his or her valid Certificate of Eligibility issued by the Department of Justice;
C. The applicant’s inventory does not conform to the type of federal or state firearms permit issued to the applicant;
D. The applicant, or an officer, employee or agent thereof, has had a similar type permit previously revoked or denied for good cause within the immediately preceding two (2) years;
E. The applicant, or an officer, employee or agent thereof, has knowingly made any false or misleading statement of a material fact in the application for a permit;
F. The applicant, or an officer, employee or agent thereof, fails or refuses to provide clear evidence of his or her identity, or any other information required by the police chief to complete his investigation;
G. The applicant, or an officer, employee or agent thereof, has been convicted of:
1. Any offense so as to disqualify the applicant, or an officer, employee 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 of 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 State Health and Safety Code, as it may be amended from time to time;
H. The applicant, or any officer, employee or agent thereof, is currently or has been within the last two years, an unlawful user of any controlled substance as defined by the State Health and Safety Code, as it may be amended from time to time, or is an excessive user of alcohol, to the extent that such use would impair his fitness to be a dealer in firearms;
I. The applicant, or any officer, employee or agent thereof, is within the classes of person defined in California Welfare and Institutions Code Sections 8100 or 8103 as they now read, or may hereafter be amended to read. (Ord. No. 94-010, Enacted, 07/18/94)
9.10.060 Grounds for revocation.
In addition to any provisions contained in this chapter, any circumstances constituting grounds for denial shall also constitute grounds for revocation. (Ord. No. 94-010, Enacted, 07/18/94)
9.10.070 Hearing.
A. Any person whose application for a permit has been denied, or whose permit has been revoked by the police chief, shall have the right to a hearing before the police chief prior to the final denial or revocation of the permit.
B. Within ten days of mailing of the written notice of intent to deny the application, or revoke the permit, the applicant may appeal by requesting a hearing before the police chief. Such a request must be made in writing and must set forth the specific grounds for the appeal. If the applicant files a timely request for a hearing, the police chief shall set a time and place for the hearing within thirty days thereafter. The decision of the police chief to deny the application shall be in writing and shall be rendered within ten (10) days of the hearing.
C. An applicant may appeal the police chief’s denial or revocation of a permit to the city manager by filing a written appeal with the city manager (Ord. No. 94-010, Enacted, 07/18/94)
9.10.080 Police chief permit conditions.
The permit issued by the police chief shall be deemed to contain the following terms and conditions, unless otherwise indicated on the permit:
A. The permittee shall conduct business only in the premises designated in the permit. This requirement, however, shall not prohibit the permittee from participating in gun shows of events which are specifically authorized by federal and state law upon compliance with federal and state law.
B. The permit issued by the police chief, or a copy thereof, certified by the police chief, shall be displayed on the premises and at gun shows where it can be easily seen.
C. No firearms shall be delivered:
1. Within fifteen days of the application for the purchase, or within fifteen days after submitting corrected copies of the register or any fee required by state Penal Code Section 12076, which ever is later, or within any timelines otherwise set forth in Penal Code §§ 12071(b)(3) or 12072(c).
2. Unless unloaded and securely wrapped or in locked container which is fully enclosed and securely locked by a padlock or similar locking device as required by state Penal Code Section 12026.1.
3. Unless the purchaser or transferee presents clear evidence of his or her identity and age, as required by Penal Code § 12071(c)(1).
4. If the permittee is notified by the State Department of Justice that a purchaser is in a prohibited class described in State Penal Code Sections 12021 or 12021.1 or State Welfare and Institutions Code Sections 8100 or 8103.
D. All firearms kept in the licensed place of business shall be stored using one of the following methods as to each particular firearm:
1. Store the firearm in a secure facility that is a part of, or that constitutes, the licensee’s business premises.
2. Secure the firearm with a hardened steel rod or cable of at least one-eighty inch in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises.
3. Store the firearm in a locked fireproof safe or vault in the licensee’s business premises.
4. As used in this section, a “secure facility” means a building that meets all of the following specifications:
a. All perimeter doorways shall meet on the following:
(i) A windowless steel security door equipped with both a deadbolt and a doorknob lock.
(ii) A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any director, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of at least nine gauge affixed to the exterior or interior of the door.
(iii) A metal grate that is padlocked and affixed to the licensee’s premises independent of the door and doorframe.
b. All windows are covered with steel bars.
c. Heating, ventilating, air-conditioning, and service openings are secured with steel bars, metal grating, or an alarm system.
d. Any metal grates have spaces no larger than six inches wide measured in any direction.
e. Any metal screens have spaces no larger than three inches wide measured in any direction.
f. All steel bars shall be no further than six inches apart.
5. Upon written request from a permittee, the police chief may grant an exemption from compliance with this sub-paragraph D if the permittee is unable to comply with these requirements because of local ordinances, covenants, lease conditions, or similar circumstances not under the control of the permittee.
E. No pistol, revolver, or other firearm capable of being concealed upon the person or imitation thereof, or placard advertising their sale or other transfer, shall be displayed in any part of the premises where it can readily be seen from the outside.
F. Permittee shall properly and promptly process firearms transactions pursuant to State Penal Code Section 12082.
G. Permittee shall keep a register of sales as required by State Penal Code Sections 12073 and 12077.
H. Permittee shall not sell, deliver or transfer any pistol, revolver or other firearm capable of being concealed upon the person to any person under twenty-one years of age or any other firearm to any person under eighteen years of age.
I. Permittee shall post conspicuously within the licensed premises, all charges and fees required by Penal Code § 12071(b)(11), and the following warning in block letters not less than one inch in height:
“IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT YOU MAY BE FINED OR SENT TO PRISON.”
J. No pistols, revolvers or firearms capable of being concealed upon the person shall be delivered unless the purchaser or transferee presents to the permittee a basic firearm safety certificate.
K. Permittee shall offer to provide the purchaser or transferee of a firearm a copy of the pamphlet described in State Penal Code Section 12080 and may add the cost of the pamphlet, if any, to the sales price of the firearm.
L. Permittee shall report the loss or theft of any firearm that is merchandise of the permittee, any firearm that the permittee takes possession of pursuant to Penal Code § 12082, or any firearm kept at the permittee’s place of business within forty eight (48) hours of discovery to the San Pablo Police Department. (Ord. No. 94-010, Enacted, 07/18/94)
9.10.090 Permit assignment.
The assignment or attempt to assign any police chief permit issued pursuant to this chapter is unlawful and any such assignment or attempt to assign shall render the permit null and void. (Ord. No. 94-010, Enacted, 07/18/94)
9.10.100 Liability insurance.
A. No permit shall be issued or continued pursuant to this chapter unless there is 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 applicant or permittee is insured against liability for all activities of the permittee, including damage to property and for injury to or death of any person. The minimum liability limits shall not be less than one million dollars combined, single limit personal injury and property damage for each occurrence. The insurance shall be occurrence-based insurance. 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 Chief of Police, 13880 San Pablo Avenue, San Pablo, CA 94806, at least thirty 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 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.
B. Such policy of insurance shall name the city, its officers, agents, and employees as additional insured. Additionally, applicant and permittee, as a condition of issuance of any permit under this chapter, agree to indemnify, defend and hold harmless the city, its officers, agents, and employees, from any claims arising from the operations or activities of the applicant or permittee. (Ord. 2020-004 § 7, 2020; Ord. No. 94-010, Enacted, 07/18/94)
9.10.110 Expiration of police chief permit.
A. Police chief permits shall expire one year after the date of issuance. Such permits may be renewed by the police chief for additional one year periods upon the permittee’s submission of an application for renewal, accompanied by a non-refundable renewal fee as established by City Council Resolution. The completed renewal application and the renewal fee must be received by the police chief no later than forty-five (45) days prior to the expiration of the current permit.
B. The police chief shall inform the city planning division manager when a permit expires or is revoked, or when renewal is denied by the police chief so that proceedings to revoke the use permit can be initiated.
C. A decision by the police chief regarding renewal of the permittee’s police chief permit may be appealed in the manner provided for in Section 9.10.070. (Ord. 94-010, 1994)
9.10.120 Use permit application.
When the applicant has obtained a police chief permit, the applicant may apply to the city planning department for a planning commission use permit pursuant to Title 17 of this code. The applicant shall provide all information requested by the planning department. No use permit application shall be deemed complete until the applicant has shown possession of a valid police chief permit for such use. (Ord. 94-010, 1994)
9.10.130 Possessory interest in the property.
No application for a use permit shall be processed until the applicant provides proof satisfactory to the city planning department that the applicant, officer, employee or agent thereof is the owner of record of the real property at which the proposed business will be conducted, or has a lease, license or other entitlement to operate such business at such location and the written consent of the owner of record of such real property. (Ord. 94-010, 1994)
9.10.140 Site restrictions.
No use permit may issue for any location which is:
A. Within a zoning district in which residential use is the principal permitted or maintained use. Notwithstanding anything to the contrary in this Code, home occupation permits for the conduct of any business under this chapter shall be prohibited. The location of such businesses in and around homes is hereby declared a public nuisance. This section is expressly made retroactive to all such businesses operating in such residential zones.
B. Within any zoning district in which general retail sales commercial activities is not a permitted or conditional use.
C. Within 500 feet of the exterior limits of a dealer in firearms, a bar, or a liquor store. For the purposes of this chapter, a bar is defined as an establishment who’s primary purpose is, or whose primary source or revenue is from, the sale of alcoholic beverages for consumption on the premises. Liquor store is defined as an establishment whose primary purpose is, or whose primary source of revenue is from, the sale of alcoholic beverages for consumption elsewhere.
D. Within 500 feet of the exterior limits of any premises occupied by a public or private day care center or day care home, elementary school, junior high school or high school, whether public or private.
E. All distances referred to in this section shall be measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved, except that when a permittee occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied.
F. Businesses governed by the provisions of paragraphs C and D of this section, which are in full compliance with all local, state and federal laws prior to the effective date of this chapter, including but not limited to zoning and business license laws, shall not be required to obtain a use permit unless such businesses lose their non-conforming use status as provided in Chapter 17.08. Such businesses shall, however, be required to comply with all other provisions of this chapter. (Ord. 94-010, 1994)
9.10.150 Use permit conditions.
All use permits approved by the city planning commission shall be deemed to contain all of the following terms and conditions, unless otherwise indicated on the permit:
A. The possession of a valid police chief permit. B. The possession of all licenses and permits required by federal or state laws.
C. Compliance with all of the terms and conditions contained in Section 9.10.080.
D. Compliance with all of the requirements of the City’s Building Code, the Fire Code, and any other technical code or regulation of the city which may govern the use, occupancy, maintenance, construction or design of buildings or structures. The use permit shall also contain a condition that the applicant must obtain a final inspection from the city building official demonstrating full code compliance before the applicant may commence business at the premises at issue.
E. A method of storage of inventory which is explosive or flammable at the proposed business site shall be in compliance with federal and state law and with the city’s Fire Code.
F. All other conditions deemed by the planning commission to be necessary and proper to protect the public interest and welfare. (Ord. 94-010, 1994)
9.10.160 Authority to inspect.
Any applicant for a use permit or police chief permit under this chapter shall be deemed to expressly consent and grant to any investigation officials of the city the right to enter the premises for which the use permit and police chief permit was obtained, without a warrant, from time to time during regular business 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 and all applicable federal, state and local law. Such right to enter and inspect without a warrant shall be deemed a condition of approval of any permit issued under this chapter. (Ord. 94-010, 1994)
9.10.170 Revocation of use permit.
If the police chief, building official, or any other person has reason to believe that the permittee is not in full compliance with any conditions imposed pursuant to this chapter, a report shall be made to the city planning official. After an investigation of the facts contained in the report, the city planning official may commence proceedings to revoke the use permit pursuant to Title 17 of this code. (Ord. 94-010, 1994)
9.10.180 Compliance.
Any person who sells, transfers, leases, or advertises for sale, transfer or lease, or offers or exposes for sale, transfer or lease, any firearm on and after the effective date of this chapter shall have a period of 60 days after such effective date to comply with the provisions of this chapter, except as provided in Section 9.10.140(F). (Ord. 94-010, 1994)