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FirearmsSmall Town Service ~ Community Stewardship ~ Future Focus Agenda 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 Small Town Service ~ Community Stewardship ~ Future Focus This Council Meeting •Requested by Mayor in December •Background on Templar Sports •Recommended Direction •Challenging and Divisive Issue Small Town Service ~ Community Stewardship ~ Future Focus 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 Small Town Service ~ Community Stewardship ~ Future Focus 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 Small Town Service ~ Community Stewardship ~ Future Focus 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 Small Town Service ~ Community Stewardship ~ Future Focus 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 Small Town Service ~ Community Stewardship ~ Future Focus 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) Small Town Service ~ Community Stewardship ~ Future Focus 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 Small Town Service ~ Community Stewardship ~ Future Focus Research Recommendations 1)Which land use zones most appropriate? 2)Require a Conditional Use Permit? 3)Restrict non-collector home occupations? 4)Establish a Police Permit process? 5)Require ID Checks for ammunition sales? 6)Require reporting lost/stolen firearms? Small Town Service ~ Community Stewardship ~ Future Focus 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.