Ord 2217 - Add Section XIII to Chapter 14 "Firearms Dealers"ORDINANCE 2217
ORDINANCE OF THE TOWN OF LOS GATOS TO ADD A NEW SECTION XIII TO
CHAPTER 14 OF THE LOS GATOS TOWN CODE ENTITLED "FIREARMS
DEALERS SALE OF FIREARMS AND AMMUNITION" TO REQUIRE A
REGULATORY PERMIT PROCESS FOR THE SALE OF FIREARMS AND
F.11 01 IhOI►110 tole1
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS
FOLLOWS:
SECTION I
Chapter 14 of the Los Gatos Town Code is amended to add a new Section XIII (14.130.100
through 14.130.075) shall read as fully set forth on Exhibit A.
SECTION II
In the event that any part of this ordinance is held to be invalid, the invalid part or parts
shall be severed from the remaining portions which shall remain in full force and effect.
SECTION III
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on June 17, 2013 and adopted by the following vote as an ordinance of the Town of
Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on August 5,
2013. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Marcia Jensen, Steven Leonardis, Diane McNutt, Joe Pirzynski, and Mayor Barbara Spector
NAYS:
ABSENT:
ABSTAIN:
CA-t,
,OS GATOS
T O-S- GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Sec. 14.130.010
Sec. 14.130.015
Sec. 14.130.020
Sec. 14.130.025
Sec. 14.130.030
Sec. 14.130.035
Sec. 14.130.040
Sec. 14.130.045
Sec. 14.130.050
Sec. 14.130.055
Sec. 14.130.060
Sec. 14.130.065
Sec. 14.130.070
Sec. 14.130.075
See. 14.130.010
ARTICLE XHI. FIREARMS DEALERS
Sale of Firearms and Ammunition
Purpose and intent.
Definitions.
Permit requirements.
Application for permit; fee.
Investigation for permit.
Grounds for denial of permit.
Public hearing for permit.
Permit conditions, term, and renewal.
Transferability of permit. .
Law enforcement inspections.
Suspension or revocation of permit.
Compliance.
Penalties.
Severability.
Purpose and intent.
This Article is enacted pursuant to state law as set forth in the California Penal Code that
allows a local government to require a permit (license) to sell firearms within the Town.
See, 14.130.015 Definitions.
For purposes of this Article XIH, the following words and terms are defined as follows:
Applicant means any person or any officer, director, employee or agent of a business, or a
business entity who applies for a permit to sell, lease, or transfer firearms, firearm components,
ammunition, or destructive devices.
Chief of Police means the Chief of Police of the Town of Los Gatos or the Chief's designated
representative.
Destructive Device means any explosive, incendiary, bomb, grenade or any similar device as
more particularly defined in Title 18, United States Code, and California Penal Code.
Director of Community Development means the Director of Community Development of the
Town of Los Gatos or the Director's designated representative. All references in the Town Code
to "Planning Director" are intended to refer to the Director of Community Development (Town
Code Section 20.10.020).
Firearm means any device which is designed to be used as.a weapon or may be converted or
modified to be used as a weapon which expels a projectile through a barrel by the force of an
EXHIBIT A
explosion or other form of combustion. A "firearm" includes any device defined in Title 18,
United States Code, and relevant sections of the California Penal Code.
Firearm Ammunition (or Ammunition) means any cartridge cases, primers, bullets, or
propellant powder designed for use in any firearm, and any component thereof.
Permitee means any person or any officer, director, employee or agent of a business, or a
business entity who is issued a permit to sell, lease, or transfer firearms, firearm components, or
ammunition.
Retail Sales of Firearms, Ammunition and /or Destructive Devices means any business
engaged in the business of selling, leasing, or otherwise transferring any firearm, firearm
component, ammunition and /or destructive device as defined in this chapter by means of
traditional retail sales, individual or bulk transactions, internet transactions, or in any other
manner indicative of trade.
See. 14.130.020 Permit requirements.
No person shall engage in the business of selling, leasing, transferring, advertising or offering
or exposing for sale any firearms, ammunition, or destructive devices without first obtaining a
permit pursuant to the provisions of this chapter, For purposes of this chapter, engaging in the
business of selling or transferring firearms,. ammunition, and /or destructive devices includes the
infrequent sale or transfer, offer, exposing for sale, or advertising of firearms, ammunition,
and /or destructive devices.
Sec. 14.130.025 Application for permit; fee.
(a) Any person, partnership, or other entity desiring to engage in the business of selling or
transferring firearms, ammunition and /or destructive devices shall apply for a permit to do so on
an application form specifically designated for that purpose and provided by the Town of Los
Gatos.
(b) Any person proposing to engage in business as a firearms dealer within the Town shall
secure the applicable federal and state firearms licenses or certificates and shall apply within
thirty calendar days after approval of such federal license to the Town of Los Gatos for a permit
in compliance with this chapter and shall not engage in business as a firearms dealer within
Town limits unless and until a permit has been issued by the Town.
(c) The written application for a permit shall be submitted to the Director of Community
Development along with copies for distribution, to the Chief of Police, Town Manager and Town
Attorney and executed by all applicants under the penalty of perjury on such form as may be
prescribed by the Town, and which shall include all of the following:
(1) The applicant(s) naive, including any aliases, prior names, "dbas," the names of any
partnership including the identity of all of the partners of the partnership, the naives
of any corporation including the identity of all the officers of the corporation and
principle shareholders, and any other business entity including the identity of the
principles of the business entity.
(2) The applicant(s) residence address and addresses of any location where applicant has
engaged in business for five years immediately preceding the date of the application;
the length of time at each address; a description of the nature of the business(es)
conducted.
(3) The date, location, and nature of all criminal convictions of applicant(s), if any, in
any jurisdiction in the United States.
(4) The names, ages, and addresses of all persons who will have access to or control of
workplace firearms, firearms components, ammunition, and/or destructive devices,
including but not limited to, the applicant's employees, agents and/or supervisors, if
any.
(5) A certificate of eligibility from the California Department of Justice under the
relevant section of the California Penal Code for each individual identified in (# 4
above) demonstrating that the person is not prohibited by state or federal law from
possessing firearms or ammunition.
(6) The applicant's federal firearms license and California firearms dealer numbers.
(7) A recent passport -type photo of the applicant(s) and fingerprints.
(8) Proof of possessory interest in the property at which the business is proposed to be
conducted, and the name and address of the owner of such real property.
(9) A floor plan and security plan for the building, to include plans and drawings
indicating that the structure will comply with all requirements set forth in California
Penal Code Section with respect to storage of firearms and ammunition and building
construction; placement of security cameras; and such other security measures as
may be deemed appropriate by local authorities as authorized in California Penal
Code. The security plan shall provide for the installation of security cameras and
retention of camera records for a period of at least sixty days.
(10) The applicant's written agreement to indemnify, defend and hold harmless the
Town, its officers, agents and employees from and against all claims, losses, costs,
damages and liabilities of any kind pursuant to the operation of the business,
including attorneys fees, arising in any manner out of the negligence or intentional or
willful misconduct of all of the following: (i) the applicant; (ii) the applicant's
officers, employees, agents and/or supervisors; and, (iii) if the business is a
corporation, partnership or other entity, the officers, directors or partners.
(11) The application shall be accompanied by a non - refundable processing fee in such
amount as established from time to time by resolution of the Town Council.
(12) The address of the proposed location for which the permit is required, together with
the business name, if any.
(13) Certificate of insurance for general liability insurance in an amount not less than $1
million dollars for each incident of damage to property, injury, or death.
Sec. 14.130.030 Investigation for permit.
Upon receipt of the completed application (including all requested documents) and the fee as
required in this ordinance, the Director of Community Development and the Chief of Police shall
each conduct an investigation as each deems appropriate to determine for the protection of the
public safety whether a permit should be issued. The Director or Chief may require additional
information of an application which is deemed necessary to complete the investigation.
(a) The Chief of Police shall determine, among other information deemed relevant, whether
the applicant has ever been convicted of a felony or misdemeanor offense involving theft,
dishonesty, violence or moral turpitude; and whether the possession or sale of firearms by the
applicant would constitute a violation of state or federal law.
(b) The Director of Community Development shall determine whether the conduct of the
business at the proposed location will be in compliance with zoning requirements and any other
applicable rule, regulation or ordinance of the Town.
(c) Following the completion of the investigations described herein, the Director of
Community Development and the Chief of Police shall each make a written recommendation
whether the proposed permit is either recommended to be approved or rejected, subject to the
provisions of this chapter, and the Town Manager shall receive and provide the
recommendations to the Town Council for consideration at a public hearing.
See. 14.130.035 Grounds for denial of permit.
An application for a permit to conduct a business engaged in the sale of firearms,
ammunition and/or destructive devices shall be denied based on any of the following grounds:
(a) A finding by the Chief of Police that the applicant is ineligible to receive a license from
the state or federal government to engage in the sale of firearms, ammunition, and /or destructive
devices, or is otherwise prohibited from possessing or transferring firearms.
(b) The applicant, officer, employee, or agent is under twenty -one years of age.
(c) The applicant, officer, employee, or agent had a similar type of permit previously revoked
or denied for good cause within the immediately preceding 5 year period.
(d) The applicant, officer, employee, or agent has knowingly made a false or misleading
statement of a material fact or omission of a material fact in the application for a permit.
(e) The applicant, officer, employee, or agent has been convicted of any of the following:
(1) Any offense so as to disqualify applicant, officer, employee, or agent from owning
or possessing a firearm under applicable federal, state, or local laws.
(2) Any offense relating to the manufacture, sale, possession, use, or registration of any
firearm, ammunition, and/or destructive device.
(3) Any offense involving the unlawful 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 a controlled
substance as defined by the California Health & Safety Code.
(t) The applicant, officer, employee, or agent is an unlawful user of a controlled substance as
defined by the California Health & Safety Code.
(g) The applicant, officer, employee, or agent has been determined to be within a class of
persons defined in Welfare and Institutions Code Sections to have a mental defect, been
committed to a mental institution, or suffer from any psychological disturbance which would
impair his/her fitness to be engaged in the sales of firearms, ammunition, and /or destructive
devices.
(h) A determination by the Director of Community Development, the Planning Commission,
and /or the Town Council following a public hearing that the use of the business at the proposed
location would not be in compliance with all zoning requirements and other rules, regulations,
ordinances and policies of the Town.
(i) Any other considerations which may be raised and examined through a public hearing.
0) In no event shall a permit be issued for a business that engages in or is planning to engage
in the manufacture or sales of destructive devices, ammunition for destructive devices, or armor
piercing ammunition.
Sec. 14.130.040 Public hearing for permit.
All applications for permits shall be required to be considered at a public hearing before the
Town Council. At least ten days before the hearing, the Town shall give notice by publication at
least once in a newspaper of general circulation, published and circulated in the Town, or if there
is none, by posting in at least three public places in the Town.
Sec. 14.130.045 Permit conditions, term, and renewal.
Any permit issued pursuant to the provisions of this chapter, shall be subject to the following
conditions:
(a) Shall be effective for one year from the date of issue.
(b) Shall be subject to conditions as may be imposed by the Town Council that are
reasonably related to the purpose and intent of this chapter and public health, safety, and welfare.
(c) The permit or a copy of it shall be displayed on the premises where it can be seen by
customers.
(d) The permitee, and its officers, employees, or agents shall comply with all federal and
state firearms laws.
(e) All permits issued under the provisions of this chapter shall be effective for not more
than one year, and shall be renewable in the same manner provided for issuance of the initial
permit, including the requirement of a public hearing.
(f) All permitees, its officers, employees, or agents shall protect firearms, ammunition,
and/or destructive devices in the following manner:
(1) 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.
(2) 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.
(3) In no event shall a firearm be transferred or delivered with ammunition already
loaded.
(g) 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.
(h) 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.
(i) Maintain a valid Town business license.
0) Maintain a valid insurance policy as described in Section 14.130.025(13) above.
Sec. 14.130.050 Transferability of permit.
No permit issued under this chapter shall be transferable or assignable and any attempted
transfer shall invalidate the permit.
Sec. 14.130.055 Law enforcement inspections.
Any person or entity operating under a permit to engage in the sale of firearms, ammunition
and/or destructive devices under the provisions of this chapter shall hold that business open for
inspection by federal, state and local law enforcement during all hours of operation. The Chief
of Police or designee may conduct periodic inspections of the business without notice. All
records, documents, licenses, firearms, firearm components, ammunition and /or destructive
devices shall be maintained in a manner and place accessible for inspection by federal, state and
local law enforcement at all times.
Sec. 14.130.060 Suspension or revocation of permit.
(a) Any permit issued under this chapter may be suspended or revoked pursuant to the
processes set forth herein, and for any reason that would have justified a refusal of the permit
originally, or by failure of the person or entity operating under any such permit to comply with
the provisions of this chapter or any other provision of this code, or any condition of such permit.
(b) The person or entity operating under the provisions of any such permit shall be given
prompt notice of the intention to suspend or revoke the permit in the manner set forth in this
section.
(c) Grounds for suspension or revocation of permit.
Upon receipt of information or a complaint and reasonable cause to believe that grounds for a
suspension or revocation of a permit exists, the Town Manager may suspend for a period of up to
nine months or revoke a permit, according to procedures set forth herein on the grounds set forth
in subsection (a), above, and on any of the following grounds:
(1) The perrnitee, its officers, employees, or agents have operated or managed the
firearms business in a manner which violates the firearms permit issued by the
Town, any provision of this chapter, or other applicable Town Code provisions, state
or federal law; or
(2) Has made a false or misleading statement or material omission of fact on the
application for a permit, or for renewal of the permit, or in any supplementary
materials submitted with the application.
(d) Procedure for revocation or suspension of permit:
(1) Notice to permitee. Whenever the Town has reasonable cause to believe that grounds
for the suspension or revocation of a permit exist, the Town shall give the permitee
written notice of the grounds for the proposed revocation or suspension of the
permit, along with the date, time and place of a public hearing to be held before the
Town Council on whether the permit should be suspended or revoked. The notice
shall be served on the permitee personally at the most recent home or business
address on file with the Town or by certified mail with the United States Postal
Service.
(2) Hearing before Town Council. The hearing on the revocation or suspension of the
permit shall be held before the Town Council not more than sixty working days after
the personal service of the to the permitee notice in the same manner of delivery as
set forth in Section (d)(1) above. At the hearing, the permitee shall have the right to
appear and present evidence and arguments which are relevant to a determination of
whether grounds for suspension or revocation of the permit exist.
(3) Decision of Town Council. Within fifteen working days after the hearing, the Town
Council shall issue a written decision which states whether the permit is suspended or
revoked, the length of any suspension, and the factual basis for the decision. The
decision of the Town Council shall be served on the permitee in the same manner of
delivery as set forth in Section (d)(1) above.
(4) Effective date of revocation or suspension. Any suspension or revocation of a permit
shall become effective immediately upon the personal service of the written decision
of the Town Council or delivered to the permitee in the same manner of delivery as
set forth in Section (d)(1) above.
(5) Surrender of suspended or revoked permit. Upon a written decision by the Town
Council, which suspends or revokes a permit, the permit shall immediately be
surrendered to the Town Manager. hi the case of a suspension, Town Manager shall
return the permit after the period of suspension has ended.
See. 14.130.065 Compliance.
(a) Any person or entity which has been granted a permit to engage in the sale of firearms,
ammunition and/or destructive devices under this chapter shall be subject to and shall comply
with the regulations and conditions as set forth in the relevant sections of this chapter and the
California Penal Code.
(b) Any person engaging in the business of selling, transferring, or advertising for sale or
transfer of any firearm, ammunition, and/or destructive device on the effective date of this
ordinance shall file an application for a permit under this chapter within sixty calendar days after
such effective date.
Sec. 14.130.070 Penalties.
(a) The violation of any provision contained in this chapter, or the violation of any condition
of a permit issued hereunder, is hereby declared to be unlawful and shall constitute a
misdemeanor, subject to the penalties as prescribed in 1. 10.040 of the Town Code, and the
penalties as prescribed in the California Penal Code.
(b) The maximum fine or penalty for any violation of this Article shall be one thousand
dollars ($1,000), or a term of imprisonment in the county jail for a period not exceeding six
months.
(c) Except as otherwise provided, every such person may be charged with a separate offense
for each and every day during any portion of which any violation is committed, continued, or
permitted by such person, and shall be punishable accordingly.
(d) The enforcement of this chapter shall be in addition to any proceedings conducted for
revocation or suspension of the permit and any civil action to seek enforcement of these
provisions authorized by the Town Council. "
Sec. 14.130.075 Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any "
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and such decision shall not affect the
validity of the remaining portion thereof.