7MEETING DATE: 1/21/14
ITEM NO: 1
°s -cat s COUNCIL AGENDA REPORT
DATE: January 16, 2014
TO: MAYOR AND TOWN COUNCIL 4
FROM: GREG LARSON, TOWN MANAGER
SUBJECT: CONSIDER A REGULATORY FIREARMS DEALER PERMIT
APPLICATION FOR AN EXISTING FIREARMS DEALER (TEMPLAR
SPORTS) PURSUANT TO CHAPTER 14, ARTICLE XIII OF THE TOWN
CODE. APN 529 -10 -091. PROPERTY LOCATION: 611 UNIVERSITY
AVENUE. APPLICANT: ROBERT CHANG.
RECOMMENDATION:
After opening and closing the public hearing, it is recommended the Town Council:
Adopt a resolution approving a regulatory firearms dealer permit for Templar Sports
subject to specified conditions of approval (Attachment 6) (motion required).
ALTERNATIVES:
Alternatively, the Council may:
Make a determination on what ground(s) the permit should be denied (Section 14.130.035)
and adopt a resolution denying a regulatory firearms dealer permit for Templar Sports
(Attachment 7) (motion required); or
Continue the matter to a date certain with specific direction (motion required).
BACKGROUND:
In response to public concerns regarding the opening of firearms retailer Templar Sports in late
2012 and the lack of any existing local regulations regarding the sale of firearms, the Town
Council in February 2013 unanimously adopted Town staff recommendations to develop and
consider establishment of a new firearms dealer regulatory permitting process similar to ones
used at that time by a few other jurisdictions in California.
PREPARED BY: SANDY L. BAILY, 56b
Director of Community Development
Reviewed by: Assistant Town Manager rwn Attorney >n ce
N:\DEV \TC REPORTS\2014\Templar. 1- 21- 14.docz Reformatted: 5/30/02
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MAYOR AND TOWN COUNCIL
SUBJECT: Templar
January 16, 2014
A Council ad hoc committee consisting of then Council members Joe Pirzynski and Marcia
Jensen was appointed by then Mayor Barbara Spector in April, 2013 to work with Town staff on
the proposed ordinance for a firearms dealer regulatory permitting process. The Council
Firearms Ad Hoc Committee reported to the Town Council on June 17, 2014 and on August 5,
2013, the Town Council adopted an ordinance to establish a new regulatory permit process for
firearms sellers in the Town of Los Gatos (Attachment 1).
In general, the adopted firearms dealer regulatory ordinance provides as follows:
• Requires all firearms sellers to obtain a permit from the Town of Los Gatos;
• Establishes minimum requirements and standards for obtaining such a permit, including
verification of required state and federal licenses and certificates, a criminal history check
of owners and employees, security measures, and verification of insurance;
• Provides a public hearing process for the initial permit and annual renewals;
• Establishes grounds for suspension or revocation of an existing permit.
Pursuant to Section 14.130.065 of this ordinance, any person proposing to engage in a firearms
dealer business within the Town is required to file a regulatory firearms dealer permit application
within 60 days after the effective date of the ordinance. The ordinance went into effect on
September 5, 2013. Therefore, Templar Sports was required to file an application no later than
November 4, 2013.
A regulatory permit application for Templar Sports was filed on December 6, 2013. As is the
Town's normal process for other permit application processes, staff responded to the applicant in
writing noting the application deficiencies and additional information required. Responses to the
application deficiencies and information requests were submitted on January 14, 2014. One
original and three copies of the application are required pursuant to Town Code. Whereas the
applicant did submit the requisite copies of the original application, additional copies were not
provided for the subsequent submittal, so the applicant was charged and has paid for the Town's
copying costs of the subsequent submittal.
DISCUSSION:
Pursuant to Section 14.130.030 of the Town Code, the Chief of Police and the Director of
Community Development shall each conduct an investigation as each deems appropriate to
determine whether a firearms dealer regulatory permit should be issued subject to the standards
specified by ordinance. Following the completion of the investigations, the Chief of Police and
the Director of Community Development shall then each make a recommendation to the Town
Manager whether the requested permit is recommended to be approved or rejected, subject to the
provisions of Chapter 14 of the Town Code, and the Town Manager shall provide the
recommendations to the Town Council for consideration at a public hearing.
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: Templar
January 16, 2014
A. Chief of Police Recommendation
Pursuant to Town Code, the Chief of Police shall determine 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. Based upon the investigation conducted by the police
department as required by Chapter 14 of the Town Code, the Chief of Police recommends that
the firearms dealer regulatory permit can be approved as detailed in Attachment 2.
B. Director of Community Development Recommendation
Pursuant to Town Code 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. Based upon review of the
zoning requirements and the findings of the Chief of Police (Attachment 2), the Director of
Community Development recommends that the firearms dealer regulatory permit can be
approved as detailed in Attachment 3.
C. Grounds for Denial
Pursuant to Section 14.130.035 of the Town Code, 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. Staff has provided comments in italics after each
applicable item for Council consideration.
(1) 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. Applicant is eligible to receive a license.
(2) The applicant, officer, employee, or agent is under twenty -one (21) years of age.
All persons are over 21 years of age.
(3) The applicant, officer, employee, or agent had a similar type of permit previously
revoked or denied for good cause within the immediately preceding five -year
period. No records found that a similar permit was revoked or denied.
(4) 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. No false, misleading or omission of statements and /or
facts were made for this application.
(5) The applicant, officer, employee, or agent has been convicted of any of the
following:
a. Any offense so as to disqualify applicant, officer, employee, or
agent from owning or possessing a firearm under applicable
federal, state, or local laws. No convictions of these offenses have
been identified for the applicant.
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MAYOR AND TOWN COUNCIL
SUBJECT: Templar
January 16, 2014
b. Any offense relating to the manufacture, sale, possession, use, or
registration of any firearm, ammunition, and/or destructive device.
No convictions of these offenses have been identified for the
applicant.
C. Any offense involving the unlawful use of force or violence upon
the person of another. No convictions of these offenses have been
identified for the applicant.
d. Any offense involving theft, fraud, dishonesty, or deceit. No
convictions of these offenses have been identified for the applicant.
e. Any offense involving the manufacture, sale, possession or use of a
controlled substance as defined by the California Health and Safety
Code. As detailed in Attachment 2, one listed employee has a prior
misdemeanor conviction for possession of less than one ounce of
marijuana.
(6) The applicant, officer, employee, or agent is an unlawful user of a controlled
substance as defined by the California Health and Safety Code. No evidence of
use found, only the conviction for possession noted above.
(7) 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. Not found to be within
this class.
(8) 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.
See Attachment 3 for Director's determination that based on the information
provided, the business at the existing location is in compliance at this time.
Additional information may be raised during the public hearing process for
Council to make a final determination.
(9) Any other considerations which may be raised and examined through a public
hearing. To be determined following the public hearing as specified.
(10) hi 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. These activities are not
requested as part of the permit application and could be prohibited as a condition
of approval for the permit.
D. Indemnification Agreement
Pursuant to Town Code section 14.130.025(c)(10), the Applicant is required to enter into a
"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
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MAYOR AND TOWN COUNCIL
SUBJECT: Templar
January 16, 2014
to the operation of the business, including attorney's 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."
The Applicant has submitted a "written agreement" pursuant to Town Code section
14.130.025(c)(10) but it includes a "reservation of right." The "written agreement" signed by the
Applicant is attached hereto as Attachment 4 and states as follows:
" Applicant(s) acknowledge Town of Los Gatos Ordinance 14.130.025(c)(10) and
reserve the right to challenge the legality of said ordinance, including its
constitutionality if a case or controversy arises in which this ordinance is at issue.
Notwithstanding that reservation, Applicant(s) agree to indemnify, defend, and
hold harmless the Town of Los Gatos and its officials and employees in any
action brought by a third party to overturn, set aside, or void such permit, license,
entitlement, or approval of this Permit on the grounds that the information
provided in the application is materially false. Applicant(s) further agree 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
associated with the information provided in this application that arises out of the
negligence, or intentional or willful misconduct 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. Nothing in this paragraph shall be construed as a waiver or as an
agreement to waive any rights the Applicant(s) have with respect to constitutional
or statutory preemption of the regulation of firearm sales; furthermore,
Applicant(s) specifically and categorically reserve all rights under the Protection
of Lawful Commerce in Arms Act, Public Law 109-92,15 U.S.C. §§ 7901 - 7903."
Approval of the permit without a condition to the contrary will constitute approval of the
applicant's indemnification language.
E. Late Apulication Filing
As noted earlier in this report, Templar Sports filed its regulatory permit application 32 days late.
Templar Sports representatives explained that the late filing resulted from their interpretation of
the filing deadline which was inaccurately counted from the days after the approval of the
firearms dealers land use regulations, adopted on October 7, 2013, rather than after the effective
date of the regulatory permit requirements. Although Town staff has not typically assessed late
filing fees for development applications, the new regulatory permit ordinance does provide for
the assessment of penalties of up to $1,000 per day per violation. Should the Council determine
to assess penalties in this instance, the penalties could range from up to $1,000 for the late filing
to up to $1,000 a day the filing was late (up to $32,000 total) to up to $1,000 a day the filing was
late for each owner responsible for the filing (up to $96,000 total based on three owners).
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MAYOR AND TOWN COUNCIL
SUBJECT: Templar
January 16, 2014
F. Business License Tax Payment
The Town imposes a tax, called a Business License, on any business operating in Los Gatos,
whether permitted or not. Specifically, the Town Code establishes that the Business License tax
is explicitly for revenue collection, and not for any regulatory purposes. The Director of Finance
deferred collection of the Templar Sports Business License tax as allowed by Town Code for
thirty days, until the end of January, given this scheduled regulatory permit hearing. Collection
of the business license tax payment from Templar Sports will be required by the end of January
if the business remains in operation, whether or not the firearms dealer regulatory permit has
been acted upon. However, the Town retains full discretion on whether or not to send a letter to
the State Department of Justice indicating that the business is or is not operating in compliance
with all local laws and regulations.
G. Conditions of Approval
The Town typically imposes additional Conditions of Approval relevant to other permits as
conditions for the approval of those other permits. Section 14.130.045 of the Town Code
requires specific conditions of approval for a firearms dealer regulatory permit which are
incorporated in Attachment 6. Below are additional conditions for Council consideration for the
Templar Sports firearms dealer regulatory permit. As required by Section 14.130.045(2) of the
Town Code, additional conditions imposed by Council must be reasonably related to the purpose
and intent of the firearm section of the Town Code and public health, safety, and welfare.
1. Payment of any penalty imposed by the Town Council for the late submission of the
firearms dealer regulatory permit application;
2. Prohibition on the manufacture or sales of destructive devices, ammunition for
destructive devices, or armor piercing ammunition pursuant to Town Code Section
Section 14.130.035;
3. Prohibition on the employment of any individuals convicted of any offense involving
the manufacture, sale, possession or use of a controlled substance as defined by the
California Health and Safety Code.
4. Requirement to submit the annual renewal application for the firearms dealer
regulatory permit by Nov. 1 of each year.
Other conditions of approval which have been considered by another jurisdiction, are provided in
Attachment 5.
PUBLIC COMMENTS:
As required by Section 14.130.040 of the Town Code, a public notice regarding the application
for the firearms dealer permit was published in the local paper. In addition, although not
specifically required by Town Code, public notices were mailed to property owners and
occupants within 500 feet of the subject site as would be required for a Conditional Use Permit
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MAYOR AND TOWN COUNCIL
SUBJECT: Templar
January 16, 2014
hearing for retail firearm sales. At this time, the Town has received one written comment on this
matter which is included as Attachment 8 of this report.
STAFF COMMENT:
If the application is approved, the permit is effective one year from the date of approval. The
permit is renewable in the same manner provided for the issuance of the initial permit, including
the requirement of a public hearing. The permit is nontransferable and cannot be assigned to
another individual or party.
CONCLUSION:
Subject to the provisions of Chapter 14 of the Town Code, the Chief of Police and the Director
of Community Development have each conducted an investigation regarding the granting of a
firearms dealer permit to Templar Sports. Based on the findings of those investigations, the
Chief of Police and the Director of Community Development have both made a recommendation
that the permit can be approved subject to the conditions of approval as required by Section
14.130.045 of the Town Code which are incorporated in Attachment 6. Council should consider
these recommendations and additional items included in this report and which may be raised and
examined through the public hearing to make a final determination on this matter.
ENVIRONMENTAL ASSESSMENT:
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)).
FISCAL IMPACT:
None
ATTACHMENTS:
1. Ordinance 2217
2. Recommendation from the Chief of Police
3. Recommendation from the Director of Community Development
4. Applicant's written indemnification agreement
5. Conditions of approval considered by another jurisdiction
6. Resolution approving a regulatory firearms dealer permit
7. Resolution denying a regulatory firearms dealer permit
8. Email from Linda Swenberg, received January 14, 2014
SLB:ct
cc: Robert Chang, Templar Sports, 611 University Avenue, Los Gatos, CA 95032
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Created by Ordinafce 2217
Los Gatos, California, Code of Ordinances >> - CODE >> Chapter 14 - LICENSES AND
MISCELLANEOUS BUSINESS REGULATIONS >> ARTICLE XIII. FIREARMS DEALERS >>
ARTICLE XIII. FIREARMS DEALERS
Sale of Firearms and Ammunition
Sec. 14.130.010. Purpose and intent.
Sec. 14.130.015, Definitions.
Sec. 14.130.020. Permit requirements
Sea 14.130.025. Application for permit fee
Sec. 14.130.030. Investigation for permit.
Sec. 14.130.035. Grounds for denial of permit
Sec. 14.130.040. Public hearing for permit
Sec. 14.130.045. Permit conditions. term. and renewal
Sec. 14.130.050. Transferability of permit
Sec 14.130.055. Law enforcement inspections
Sec 14.130.060, Suspension or revocation of permit
Sec. 14.130.065. Compliance.
Sec. 14.130.070, Penalties.
Sec. 14.130.075. Severability,
Sec. 14.130.010. Purpose and intent.
Page 1 of 8
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.
(Ord- No. 2217, § 1(Exh. A). 8 -5 -13)
Sec. 14.130.015. Definitions.
For purposes of this article XIII, 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 chiefs 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).
ATTACHMENT 1
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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
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.
(Ord. No 2217, § 1(Exh. A), 8 -5 -13)
Sec. 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.
(Ord. No. 2217, § 1(Exh. A): 8 -5-13)
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 (30) 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) name, including any aliases, prior names, "dbas," the names of any
partnership including the identity of all of the partners of the partnership, the names 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.
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(2) The applicant(s) residence address and addresses of any location where applicant
has engaged in business for five (5) 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 subsection (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 (60) 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.
01) 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 one
million dollars ($1,000,000.00) 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 article, 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.
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(1) 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.
(2) 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.
(3) 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.
(Ord. No. 2217, § i(Exh. A), 8 -5 -13)
Sec. 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:
(1) 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.
(2) The applicant, officer, employee, or agent is under twenty -one (21) years of age.
(3) The applicant, officer, employee, or agent had a similar type of permit previously
revoked or denied for good cause within the immediately preceding five -year period.
(4) 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.
(5) The applicant, officer, employee, or agent has been convicted of any of the following:
a. Any offense so as to disqualify applicant, officer, employee, or agent from
owning or possessing a firearm under applicable federal, state, or local laws.
b. Any offense relating to the manufacture, sale, possession, use, or registration
of any firearm, ammunition, and /or destructive device.
C. Any offense involving the unlawful use of force or violence upon the person of
another.
d. Any offense involving theft, fraud, dishonesty, or deceit.
e. Any offense involving the manufacture, sale, possession or use of a controlled
substance as defined by the California Health and Safety Code.
(6) The applicant, officer, employee, or agent is an unlawful user of a controlled
substance as defined by the California Health and Safety Code.
(7) 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.
(8)
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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.
(g) Any other considerations which may be raised and examined through a public
hearing.
(10) 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.
(Ord. No. 2217. § I(Exh. A), 8 -5 -13)
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 (10) 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 (3) public places in the Town.
(Ord. No. 2217. § I(Exh. A). 8 -5 -13)
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:
(1) Shall be effective for one (1) year from the date of issue.
(2) 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.
(3) The permit or a copy of it shall be displayed on the premises where it can be seen by
customers.
(4) The permitee, and its officers, employees, or agents shall comply with all federal and
state firearms laws.
(5) 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.
(6) 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.
(7) 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
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California Department of Justice. A copy of the certificate of eligibility shall be
provided to the Chief of Police prior to start of employment.
(8) 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.
(9) Maintain a valid Town business license.
(10) Maintain a valid insurance policy as described in subsection 14.130.025(c)(13) above.
(Ord. No. 2217. § 1(Exh. A). 8 -5 -13)
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.
(Ord. No. 2217, § 1(Exh. A), 8 -5 -13)
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.
(Ord. No. 2217. § 1(Exh. A), 8 -5 -13)
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 (9) 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 permitee, 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:
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(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 (60) working days
after the personal service of the to the permitee notice in the same manner of delivery
as set forth in subsection (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 (15) 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 subsection (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 subsection (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. In the case of a suspension, Town Manager shall
return the permit after the period of suspension has ended.
(Ord. No. 2217. § I(Exh. A), 8 -5-13)
Sec. 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 the
ordinance from which this article derived, shall file an application for a permit under this
chapter within sixty (60) calendar days after such effective date.
(Ord. No 2217. § I(Exh. A), 8 -5 -13)
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 section 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
($1,000.00), or a term of imprisonment in the county jail for a period not exceeding six (6)
months.
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(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.
(Ord. No. 2217. § I(Exh. A). 8 -5 -13)
Sec. 14.130.075. Severability.
If any section, subsection, sentence, clause, phrase, or portion of this article 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.
(Ord. No. 2217, § I(Exh. A), 8 -5 -13)
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Los Gatos
POLICE DEPARTMENT
Monte Sereno
Memo
Date: January 15, 2014
To: Greg Lesson, Town Manager
From: Scott R Seaman, Chief of Police
Subject: Firearms Permit Application, Templar Armament LLC
Background:
On December 6, 2013 police staff received an application for Firearms Dealer Permit from
Templar Armament LLC doing business as Templar Sports located at 611 University Avenue, Los
Gatos, CA, 95030. The application in part was incomplete, but did provide the names and identifying
information for all 10 employees and 2 principle owners. Staff and business agreed that the principles
would address the issues in question and submit that information at a later date. The information
submitted on December 6 was sufficient to initiate our investigation.
Investigation
In accordance with ordinance 2217 enacted by Town Council on June 17, 2013 outlining the
application and permit process for prospective firearms dealers and/or sellers of ammunition, the
police department initiated an internal investigation pursuant to Town Code Section 14.130.030
(Investigation for Permit).
Subsection (a) directs the Chief of Police to "determine if any of the applicants, employees or
agents have 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."
As part of the investigation police staff conducted the following:
A77ACMMENT 2
Phone (408)354-5257+ Fax (408)354-0578* Civic Center ♦ 110 East Main Street *P.O. Box 973 ♦ Los Gatos, CA 95031
• All parties associated with the application completed the "Live Scan" finger print process as
required by state and federal law. This procedure automates the fingerprints and identifiers of
applicants and is forwarded to the Department of Justice (DOJ) for review of state and federal
criminal histories, state and county held restraining orders as well as mental health databases to
determine if the applicant has history that would preclude them from owning or possessing a
firearm.
• The DOJ and the Bureau of Alcohol Tobacco and Firearms (ATF) were contacted individually
to determine if either of their offices had received any adverse information with regard to
Templar Sports affecting the status of their licensing and/or certification.
• An internal Records Management System (RMS) and Computer Aided Dispatch (CAD) system
search was conducted on all parties including calls for service at the business since their last
date of application.
• A site visit was performed on January 15. Staff confirmed that the facility operates as depicted
in the application for permit and has sufficient security measures in place for a retail firearms
establishment.
At the conclusion of the investigation staff found no information meeting the criteria outlined in
section 14.130.030 (Investigation for Permit).
Town Code Section 14.130.035 (Grounds for Denial of Permit) grants Town Council 14 additional
grounds for denial. The departments investigation revealed only one relevant return specific to
subsection (5) (e) (Any offense involving the manufacture, sale, possession or use of a controlled
substance as defined by the California Health & Safety Code.) It was determined that one employee
had a prior misdemeanor conviction of Possession of less than 1 ounce of Marijuana while driving.
This conviction in itself does not preclude the employee from legally owing or possessing a firearm
and/or working at a retail firearms business per DOJ standards.
Recommendation:
Based upon the firearm permit investigation conducted by the Police Department, I recommend that
the firearms permit be approved.
Scott R. Seaman
Chief of Police
,.MEMORANDUM
►� COMMUNITY DEVELOPMENT DEPARTMENT
To: Greg Larson, Town Manager
From: Sandy L. Baily, Director of Community Development
Subject: Templar Sports — 611 University Avenue
Regulatory Firearms Dealer Permit
Date: January 15, 2014
Pursuant to Section 14.130.025(c)(2) of the Town Code, 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. Based
upon review of the zoning requirements and the findings and recommendation of the Chief of Police
documented in a separate memo dated January 15, 2014, the Director of Community Development
recommends that the firearms dealer permit be approved. The basis for this recommendation is as
follows:
Zoning Requirements
Templar Sports is an existing business. On October 7, 2013, the Town Council adopted
Ordinance 2220 which designated locations in the LM zoning district where retail sales of
firearms and ammunition would be permitted with approval of a Conditional Use Permit
(CUP) and the time period for termination of a nonconforming retail firearms and
ammunition use. At this time, Templar Sports is in compliance with zoning requirements as a
nonconforming use as discussed below.
Templar Sports is located in an LM zone and within 250 feet of a youth educational
institution (ballet school) and a government building (DMV). Section 29.70.100(c) of the
Town Code states that retail sales of firearms, ammunition and/or destructive devices is
permitted in the LM zone provided it is not located within 250 feet of specific uses which
includes a youth educational institution and a government building. Therefore, Templar
sports is classified as a nonconforming use in that 1) it does not meet the specified location
requirements in the LM zone for such use and 2) does not have a CUP. Pursuant to Section
29.10.195(5) of the Town Code, a business that is engaged in the retail sales of firearms
and/or destructive devices shall cease four years from the date it becomes nonconforming.
Therefore, Templar Sports must either change its status to a conforming use or cease the use
by no later than November 6, 2017.
Other Regulations
Firearms and Ammunition - Article XIII of Chapter 14 of the Town Code regulates the
process for obtaining a firearms dealer permit which requires an investigation and
recommendation to be made by the Chief of Police. Based on the findings and
ATTACHMENT 3
recommendation of the Chief of Police noted in a separate memo, and the findings made in
this memo, the requirements of this Chapter have been met.
Business License — Pursuant to Town Code, the Town imposes a Business License tax
payment on any business operating in Los Gatos. Templar Sports had a valid business
license for 2013. The Director of Finance deferred collection of the Templar Sports Business
License renewal for 2014 for 30 days, as allowed by Town Code, pending the scheduled
regulatory firearms dealer permit hearing.
N:\DEV\SANDY\M=w \Town Manager\Templar.dm
Indemnity / Hold- Harmless Provision
Applicant(s) acknowledge Town of Los Gatos Ordinance 14.130.025(c)(10) and reserve
the right to challenge the legality of said ordinance, including its constitutionality if a
case or controversy arises in which this ordinance is at issue. Notwithstanding that
reservation: Applicant(s) agree(s) (under the duress of having this permit approved to
operate their ongoing business concern), to indemnify, defend, and hold harmless the
Town of Los Gatos and its officials and employees in any action brought by a third party
to overturn, set aside, or void such permit, license, entitlement, or approval of this Permit.
Applicant(s) shall further 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 attorney 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. This duty to defend, indemnify, and hold harmless the Town and its officials
and employees is a condition of approval of this Permit.
Nothing in the preceding paragraph shall be construed as a waiver or as an agreement to
waive any rights the Applicant(s) have with respect to constitutional or statutory
preemption of the regulation of firearm sales; furthermore, Applicant(s) specifically and
categorically reserve all rights under the Protection of Lawful Commerce in Arms Act,
Public Law 109-92,15 U.S.C. §§ 7901 -7903.
Robert Chang for Templar Sports
ATTACHRENT 4
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Other Conditions of Approval
The City of Pleasant Hill is currently considering other Conditions of Approval for a new firearms dealer
regulatory permit process and application in that jurisdiction. The asterisked Conditions below specify
greater detail than conditions and requirements in Los Gatos.
1. The applicant shall not permit any person under 18 years of age to enter or remain
within the area of the premises where the firearms sales activity is the primary business
performed without being accompanied by a parent or other adult legally responsible for
the minor;
2. The permittee shall provide notice to the purchaser with the delivery of the firearm a
written warning in block letters in not less than 14 -point font, as follows:
"IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT,
YOU MAY BE FINED OR SENT TO PRISON."
3. The permittee shall maintain records of all employees selling firearms, identifying them
by name, address, date of birth and social security number. The applicant shall notify
the City within ten (10) days of any changes in employees and submit the required
identification information for each newly hired or reassigned employee.
4. The permittee shall at all times comply with all of the requirements of the City's
Municipal Code.
S. The permittee must obtain a final inspection from the City demonstrating compliance
with the Municipal Code, including the provisions of this Chapter, before the applicant
may commence firearm sales at the premises.
6. Storage of inventory which is explosive or flammable at the proposed business site shall
be in compliance with federal, state and local laws.
7. * Permittee shall keep or store all firearms in the permitted premises in accordance with
the provisions of Part 6, Title 4 of the California Penal Code, and, using one of the
following methods as to each particular firearm:
i. Store the firearm in a secure facility that is a part of, or that constitutes,
the licensee's business premises.
ii. Secure the firearm with a hardened steel rod or cable of at least one -
eighth inch in diameter through the trigger guard of the firearm. The
steel rod or cable shall be secured with a hardened steel lock that has a
shackle. The lock and shackle shall be protected or shielded from the use
of a bolt cutter and the rod or cable shall be anchored in a manner that
prevents the removal of the firearm from the premises.
ATTACHMENT 5
iii. Store the firearm in a locked fireproof safe or vault in the permittee's
business premises.
8. *Permittee must comply with all applicable provisions of California Penal Code Part 6,
Title 4 and regulations promulgated by the state, as well as all applicable federal laws
and regulations, relating to the following:
iv. the sale, lease, or transfer of firearms;
v. recordkeeping, background checks, and fees relating to sale, lease, or
transfer of firearms; and
vi. the sale, supply, delivery or giving of ammunition.
9. Permittee shall install and maintain in working order an alarm system monitored by a
central station listed by Underwriters Laboratories, Inc. and covered by an active
Underwriters Laboratories, Inc. alarm system certificate providing complete protection
for all accessible openings and partial motion and sound detection at certain other areas
of the premises (also known as a system with a #3 extent of protection).
10. *Permittee shall install a video surveillance system that meets the following
requirements:
vii. the system includes cameras, monitors, digital video recorders and
cabling, if necessary;
viii. the number and location of the cameras are subject to the approval of
the Chief of Police. At a minimum, the cameras shall be sufficient in
number and location to monitor the critical areas of the business
premises, including, but not limited to, all places where firearms or
ammunition are stored, handled, sold transferred, or carried, including,
but not limited to, all counters, safes, vaults, cabinets, cases, entryways,
and parking lots. The video surveillance system shall operate
continuously, without interruption, whenever the location is open for
business. Whenever the location is not open for business, the system
shall be triggered by a motion detector. Whenever motion is detected,
the system shall begin recording immediately;
ix. The sale or transfer of a firearm or ammunition shall be recorded by the
video surveillance system in such a way that the facial features of the
purchaser or transferee are clearly visible;
x. The video surveillance system shall be maintained in proper working
order at all times. The permittee shall inspect the system on a regular
basis to ensure that it is operational as required by the provisions of this
Section;
xi. The permittee shall post a sign in a conspicuous place at each entrance to
the premises that states in block letters not less than one inch in height:
THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY
BE RECORDED.
RESOLUTION 2014-
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.
ATTACHMENT 6
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 s` day of January, 2014, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
WeMM-0
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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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.
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.
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 applicantibusiness owner shall maintain a valid insurance policy as
required by Section 14.130.025(c)(13) of the Town Code.
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EXHIBIT A
of Attachment 6
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RESOLUTION 2014-
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DENYING 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.
ATTACHMENT 7
WHEREAS, Council finds as follows:
A. Pursuant to Town Code section 14.130.035(5)(e), the Police Departments
investigation found that one employee had a prior misdemeanor conviction of possession of less
than one ounce of marijuana while driving which has been determined to be grounds for denial.
B. Pursuant to Town Code section 14.130.025, the Applicant has failed to properly enter
into a 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 attorney's 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." which has been determined by the
Town Council to be grounds for denial.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The firearms dealer permit application is denied.
2. 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:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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From: Linda Swenberg [mailto:swenbera @ me.com]
Sent: Tuesday, January 14, 2014 9:10 AM
To: Town Manager
Subject: templar sports hearing?
My children would like to attend the meeting for the Templar Sports hearing next week. They are busy
with school and I do not want them committed to the entire meeting. Do you have any idea what the
schedule for that meeting looks like yet?
Incidentally, we are in full support of Templar Sports. They are a clean, friendly business who offer a
much - needed service in our town. I am sick and tired of going to other stores in other towns in sketchy
locations. Those other stores are dark, dirty, and the staff comport themselves discourteously (cursing
etc.). Templar Sports is a refreshing change from that and I would rather support a local business. I hope
you don't drive them out of town. Two of my children attend a dance studio very near to Templar and
we see no change in the area since the store opened and see no benefit to moving them across the
street. This entire process that the town council has chosen to take is completely illogical and shameful.
I don't see how you can put conditions on a business after you have allowed them to open and they
have done nothing wrong.
Linda Swenberg
swenbergPme.com
ATTACHMENT 8
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