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3-4-13 FirearmsAgenda Item 8: Discussion of Policy Issues and Direction Regarding Firearm Sales in Los Gatos and Consideration of Regulations on the Sale of Firearms and Ammunition 1 This Council Meeting Requested by Mayor in December Background on Templar Sports Recommended Direction Challenging and Divisive Issue 2 Sale of Firearms & Ammunition Federal and State Laws prevail No existing Town Codes or regulations Firearm sales have occurred previously: Downtown and on Los Gatos Boulevard Two prior home-based businesses Two other Federal licensees appear inactive 3 Business Tax License Over 4,000 per year in Los Gatos 800 new each year; 3,200 renewals 6 per year require a Conditional Use Permit Business owner submits application Town reviews use and location Business pays tax & receives License Templar received in late June & August 4 Certificate of Use & Occupancy Standard process for any new business Staff reviews against Town Code If allowed by right, approved automatically If not allowed, then denied or referred “Retailing” allowed at 611 University Prior to 1977 - Light Manufacturing Zone Since 1977 - Commercial-Industrial Zone 5 Police Review Police do not currently have any authority or discretion re: firearms retailers Voluntary reviews exceeded standards Involved off-duty officer given explicit direction to keep private business separate from public role and involvements 6 Chronology on Templar Sports Week of June 18, 2012 Informal discussion with Police Chief Applies for & receives Business License August, 2012 Electrical permit for internal work Architecture & Site Permit application Requests/received modified Business License September, 2012 DRC approves minor exterior modifications Building Permit submitted (finaled 12/20) 7 Public Questions Why was this store allowed to open? No legal authority to do otherwise Why are other businesses more regulated? All specified in the Town Code Can we close Templar Sports? No, unless they violate Federal/State law Can we restrict firearms in the future? Within limits, as recommended 8 Research Recommendations Which land use zones most appropriate? Require a Conditional Use Permit? Restrict non-collector home occupations? Establish a Police Permit process? Require ID Checks for ammunition sales? Require reporting lost/stolen firearms? 9 Conclusion Given the lack of action by prior Councils, neither staff nor the Town Council had or have any legal authority or discretion to deny, restrict or delay Templar Sports However, the Town can follow the lead of other local jurisdictions in establishing appropriate new standards and requirements for the future. 10