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5 Desk ItemMEETING DATE: 08/05/13 ITEM NO. 5 DESK ITEM COUNCIL AGENDA REPORT DATE: AUGUST 5, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER JUDITH PROPP, TOWN ATTORNEY SUBJECT: ADOPT ORDINANCE ADDING A NEW SECTION XII TO CHAPTER 14 TO THE TOWN CODE TITLED "FIREARMS DEALERS — SALE OF FIREARMS AND AMMUNITION" TO REQUIRE A PERMIT PROCESS FOR THE SALE OF FIREARMS, AMMUNITION, AND/OR EXPLOSIVE DEVICES AND ADOPT A FEE RESOLUTION ESTABLISHING A FEE FOR THE FIREARMS DEALER PERMIT REMARKS: Due to an insufficient notice on the Town Council Agenda for August 5, the fee resolution will need to return to Council for consideration at a later time. Additionally, after the August 5 staff report and agenda packet were distributed, the Town received additional public communications related to tonight's meeting. Attachment 3 includes all public comment received since the agenda packet distribution. Attachments: Attachments 1 and 2 (previously received with August 5 Council meeting agenda packet): 1. Ordinance 2. Fee Resolution Attachment 3 (received with this Desk Item): 3. Public comments received 12:01 p.m. Thursday, August 1, 2013, through 3:00 p.m. Monday, August 5, 2013. Reviewed by: pS \ Assistant Town Manager Town Attorney &Finance N:\MGR\AdminWorkFiles\2013 Council Reports \Aug.5.Desk.Item.Firearms.doc THIS PAGE INTENTIONALLY LEFT BLANK From: Dick Stephan <dick_stephan@hotmail.com> Sent: Saturday, August 03, 2013 10:00 PM To: Council Subject Underhanded Treatment of Templar Sports Follow Up Flag:_ Follow up Flag Status: Completed Dear Los Gatos City Council: We just heard about the plan to retroactively impose fees on Templar Sports Shop on the order of $4,000.00 because they, in part, deal in the instruments of our Second Amendment to the Constitution. We consider this plan despicable. As Sunnyvale residents, we do a fair amount of trade in Los Gatos. Originally from the midwest, we often have visitors to show around our state. Los Gatos has been a convenient and favored attraction. If this action stands you may be assured that we will mightily avoid doing or bringing further business in Los Gatos. Please reconsider this misguided, irresponsible, bigoted action. Sincerely, Dick & Mary Stephan 667 Boise Ct Sunnyvale, CA 94087 ATTACHMENT 3 From: James Barry <jimbarry95120@att.net> Sent: Saturday, August 03, 2013 10:49 PM To: Council Subject: TEMPLAR SPORTS- This is fair and equal treatment? Follow Up Flag: Follow up Flag Status: Completed Dear Los Gatos City Council, I have been informed of your plan to retroactively impose fees on Templar Sports Shop on the order of $4,000.00 because they, in part, deal in the instruments of our Second Amendment to the Constitution of the United States of America. I formerly lived and was a homeowner in Los Gatos. I live in South San Jose, but do a lot of my business in Los Gatos. I question why I attended three of your town hall meetings in support of Templar Sports. I will regrettably tell the owners of A&M Auto, Bob's Garage, the DMV, Los Gatos Meat, Whole Foods, and a number of restaurants, my audiologist, my eye doctor, and some others in Los Gatos that I will go elsewhere to do my business because of the decisions of their elected representatives on the town council. Please reconsider this misguided, irresponsible, bigoted action. Sincerely, James R. Barry Past Legislative Officer, Golden State Second Amendment Council 808 Grovewood Ct. San Jose, CA 95120 cc: San Jose Mercury News Law Office of Don Kilmer From: Khalil Varner <KMVarner@hotmail.com> Sent: Sunday, August 04, 2013 12:03 AM To: Council Subject: RESPECT THE 2ND AMENDMENT! Follow Up Flag: Follow up Flag Status: Completed Council, Please cease your attacks on firearms and firearms dealers. Allow Templar Sports and any other business for that matter, to get on with business. K. Varner From: Alberta Brierly <abrierly@earthlink.net> Sent: Sunday, August 04, 2013 9:53 PM To: Council Subject: To preserve business Follow Up Flag: Follow up Flag Status: Completed Los Gatos Town Mayor Spector and Councilmembers, Even though I reside in San Jose, I want to address your unwise decision to harass a private business in your town. In these difficult economic times when people need jobs and government jurisdictions need tax revenue, you are ashamedly going back on your word after you approved Templar Sports' business application and you're punishing a thriving popular business. I understand some ill-informed citizens think that crimes would be zero if no one had a firearm. But you all know the fact that more guns in the hands of law-abiding citizens actually is a deterrent to crime. The U.S. cities where guns are virtually outlawed have the highest rates of violence! There is no way that having one firearms store in your town is going to be a threat of violence to any residents. The U.S. Constitution provides for citizens to be armed for their protection - the second amendment right. Your residents could have seen to this prohibition early on; in my opinion it's 'dirty pool' to spring this on a business after they've spent money and sweat equity into building their business. They have gone through the initial permit approval; let them run their business without the annual harassment of doing it all over again. Will this be applicable to every business in your town? Praying for your honorable solution, Alberta Brierly