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2014-001 - Regulatory Firearms Dealer Permit for Templar SportsRESOLUTION 2014 -001 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS GRANTING A REQUEST TO APPROVE A REGULATORY FIREARMS DEALER PERMIT APN: 529 -10 -091 PROPERTY LOCATION: 611 UNIVERSITY AVENUE APPLICANT: ROB CHANG WHEREAS, this matter came before the Town Council for public hearing on January 21, 2014, and was regularly noticed in conformance with State and Town law. WHEREAS, the applicant seeks approval for a regulatory firearms dealer permit. WHEREAS, Section 14.130.065 of the Town Code requires any person proposing to engage in a firearms dealer business within the Town to file a regulatory firearms dealer permit application. WHEREAS, the Town Code gives the hearing body discretion to approve a regulatory firearms dealer permit and grounds for denying a permit. WHEREAS, Town Council received testimony and documentary evidence from the applicant and all interested persons who wished to testify or submit documents. Town Council considered all testimony and materials submitted, including the written recommendations from the Chief of Police and the Director of Community Development, along with any and all subsequent reports and materials prepared concerning this application. WHEREAS, Council finds as follows: A. Pursuant to Article XIII of Chapter 14 of the Town Code section 29.20.190, the request for a firearms dealer permit meets all requirements of this chapter and that no grounds exist to deny the application. These findings are based on the investigations and evidence presented in the Council Agenda Report dated January 16, 2014, regarding this application. B. It has been determined that there is no possibility that this project will have a significant impact on the environment; therefore, the project is not subject to the California Environmental Quality Act (Section 15061 (b)(3)). NOW, THEREFORE, BE IT RESOLVED THAT: 1. The firearms dealer permit application is approved. 2. The Conditions of Approval attached hereto as Exhibit A are hereby adopted as the Conditions of Approval for this permit. 3. The decision constitutes a final administrative decision pursuant to Code of Civil Procedure section 1094.6 as adopted by section 1. 10.085 of the Town Code of the Town of Los Gatos. Any application for judicial relief from this decision must besought within the time limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such shorter time as required by state and federal Law. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21" day of January, 2014, by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Diane McNutt, Joe Pirzynski, Barbara Spector, Mayor Steven Leonardi! NAYS: ABSENT: ABSTAIN: IUVWXYSIR CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA TOS TOWN COUNCIL – January 21, 2014 CONDITIONS OF APPROVAL FOR: 611 University Avenue Regulatory Firearms Dealer Permit 1.EXPIRATION: The approval shall be effective for one (1) year from the date of issue. 2.DISPLAY OF PERMIT: The permit or a copy of the permit shall be displayed on the premises where it can be seen by customers. 3.STATE AND FEDERAL LAWS: The permitee, and its officers, employees, or agents shall comply with all federal and state firearms laws. 4.PERMIT RENEWAL: All permits issued under the provisions of this chapter shall be effective for not more than one (1) year, and shall be renewable in the same manner provided for issuance of the initial permit, including the requirement of a public hearing. The permitee shall submit the annual renewal application for the firearms dealer regulatory permit prior to November 1, 2014. Any late or incomplete application filed by the permitee shall constitute a violation of Chapter 14.130 of the Town Code and subject the permitee to penalties of $1,000.00 per day until the application has been filed and is deemed complete 5.SAFETY: All permitees, its officers, employees, or agents shall protect firearms, ammunition, and/or destructive devices in the following manner: a. All firearms shall be displayed in locked cabinets, secured rack, or a storage area so that access to firearms is controlled by the dealer or an employee to the exclusion of all others. b.The permitee or its officer, employee, or agent shall be present at all times when a prospective buyer or seller is handling any firearm, ammunition, and/or destructive device prior to sale and delivery of the firearm, ammunition, and/or destructive device. c.In no event shall a firearm be transferred or delivered with ammunition already loaded except as permitted under state or federal law. 6.CERTIFICATE OF ELIGIBILITY: Each employee who engages in the sale, lease, or transfer of firearms, ammunition, and/or destructive devices must obtain a certificate of eligibility issued by the California Department of Justice. A copy of the certificate of eligibility shall be provided to the Chief of Police prior to start of employment. 7.LOST OR STOLEN MERCHANDISE: Permitee, its officers, employees, or agents shall immediately notify the Chief of Police if there is a reason to believe that any firearm, ammunition, and/or destructive device has been lost or stolen. 8.BUSINESS LICENSE: The applicant/business owner shall maintain a valid Town business license. 9.INSURANCE: The applicant/business owner shall maintain a valid insurance policy as required by Section 14.130.025(c)(13) of the Town Code. 10.CONVICTION: Pursuant to California Labor Code 432.7 and 432.8, the requirements set forth in Section 14.130.035(e) of the Town Code shall not apply to any conviction for the possession, sale or transportation of less than 28.5 grams of marijuana, or possession of certain drug-related paraphernalia, where the conviction is more than two years old. EXHIBIT A 11.PROHIBITION: The applicant is prohibited from the manufacture or sales of destructive devices, ammunition for destructive devices, or armor piercing ammunition pursuant to Town Code Section 14.130.035. 12.WINDOW REPLACEMENT: Any broken window shall be replaced within 30 days. If determined to be needed for public safety, a broken window shall be replaced earlier than the 30 day requirement. 13.LATE FILING FEE: The applicant shall pay a penalty fee of $100.00 a day for the late submission of the subject application for a total of $3,200.00 (based on filing 32 days late). 14. INDEMNIFICATION AGREEMENT: The applicant shall submit a signed written indemnification agreement as required by Section 14.130.025(c)(10) of the Town Code.