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.