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12�a\q N aF MEETING DATE: 06/17/13 ITEM NO. COUNCIL AGENDA REPORT s s at DATE: June 12, 2013 TO: MAYOR AND TOWN COUNCIL FROM: GREG LARSON, TOWN MANAGER JUDITH PROPP, TOWN ATTORNEY SUBJECT: CONSIDER INTRODUCTION OF AN ORDINANCE 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 AMMUNITION RECOMMENDATION: After opening and closing the public hearing, and asking the Cleric to read the title of the proposed ordinance, the Town Council by motion and majority vote: 1. Waive the reading of the ordinance (motion required). 2. Introduce the ordinance recommended by the Council ad hoc subcommittee to require a permit process for the sale of firearms and ammunition (motion required). ALTERNATIVES: Instead of the actions above, the Council may: • Introduce the ordinance with modifications (motion required); • Continue the matter to a date certain with specific direction to staff (motion required); or • Not adopt or take action on the ordinance. BACKGROUND: In response to public comments made under Verbal Communications at the Dec. 17, 2012 meeting of the Town Council, the Mayor requested a Council meeting for discussion regarding firearm sales in Los Gatos. Questions were raised by the public regarding the December 2012 opening of a retail CIS) Reviewed by: Assistant Town Manager _Town Attorney Finance PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: Firearm sales June 12, 2013 BACKGROUND: (cont'd) store, Templar Sports, which sells firearms and ammunition. Town Council received comments on this matter from members of the public at meetings on February 4, 2013, and a continued meeting on February 11, 2013. At the time of the February 2013 Council meetings, the Los Gatos Town Code did not provide any restrictions or authority to address the sale of firearms, ammunition, and explosive devices, except for sales to minors. Therefore, at a Special Town Council meeting on February 11, 2013, Council adopted staff's recommendation to research, study, and return with information necessary to consider potential Town ordinances and policy changes to: a. Designate which land use zones may be appropriate for sale of firearms and ammunition, including consideration of appropriate proximity limits from schools, parks and selected establishments; b. Require a Conditional Use Permit for the sale of firearms and ammunition; c. Restrict home occupation permits for sale of firearms and ammunition; d. Establish a Police Permit requirement for dealers of firearms and ammunition, e. Require identification checks for the sale of ammunition; and /or f. Require the reporting of lost or stolen firearms. In addition, Council directed staff to prepare an urgency ordinance for the meeting of March 4, 2013, to consider placing a temporary moratorium on the establishment of commercial operations engaged in the sale of firearms, ammunition, and /or explosive devices within the Town of Los Gatos to allow time to study and consider the land use issues related to firearms and ammunition sales, as described above. At the Town Council meeting on March 4, 2013, Town Council adopted an urgency ordinance placing a temporary moratorium on the establishment of commercial operations engaged in the sales of firearms, ammunition, and /or explosive devices within the Town of Los Gatos. The Council extended that moratorium on April 5, 2013 and, the moratorium is still in effect until February 20, 2014. Prior to February 2014, Council has the option to adopt land use regulations including zoning for commercial sales of firearms. Based on Council's prior direction to staff, land use regulations are anticipated to be considered by the Planning Commission and Town Council well before the expiration of the land use moratorium. DISCUSSION The Mayor appointed Council Members Marcia Jensen and Joe Pirzynski to an ad hoc subcommittee to work with staff on the language for an ordinance to establish a regulatory business permit process for firearms sellers in the Town of Los Gatos. The Council ad hoc PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: Firearm sales June 12, 2013 DISCUSSION (cont'd subcommittee is recommending the proposed ordinance for Council's consideration and approval. Local governments are expressly authorized under state law to regulate firearms dealers (California Penal Code section 26705; Suter v. City of Lafayette (1997) 57 Cal.App.4th 1109). Furthermore, the United States Supreme Court ruled in District of Columbia v. Heller (2008) 554 U.S. 570 that laws imposing conditions on the commercial sale of firearms are "presumptively lawful" under the Second Amendment to the United States Constitution. Many local California cities and counties have enacted ordinances regulating firearms dealers, including locally the cities of Campbell, Palo Alto, Santa Cruz, and Capitola. Based on Council's direction and the ad hoc subcommittee's input, the ordinance is primarily modeled after similar ordinances adopted by Bay Area cities. In summary, the proposed ordinance provides as follows: • Requires all firearms sellers to obtain a permit from the Town of Los Gatos; • Establishes minimum requirements and standards to obtain a permit including verification of required state and federal licenses and certificates, criminal history check for owners and employees, security measures and insurance; • Provides a public hearing process for the initial permit and annual renewals; • Establishes grounds for suspension or revocation of an existing permit. Under the proposed ordinance, anyone engaging in the business of selling, transferring or advertising for sale or transfer any firearm, ammunition, or destructive device shall be required to file an application for a permit within 60 days after the effective date of any ordinance adopted by Council, including existing federal firearms license holders (both Type 3 and Type 7). Land Use Regulations The Council ad hoc subcommittee will continue to work with Town staff to propose zoning and land use regulations for firearms dealers. It is anticipated that the land use ordinance will establish which land use zones are appropriate for firearms retailers and establish a requirement for a conditional use permit. All land use matters will be considered in public meetings by the Planning Commission with a recommendation to Town Council. It is anticipated that those hearings will likely occur in August and September. PAGE 4 MAN70R AND TOWN COUNCIL SUBJECT: Firearm sales June 12, 2013 State Legislation The State of California is considered to already have stringent gun laws. Current State law prohibits selling assault -type weapons and weapons without approved safety devices. In addition, the State requires a 10 -day waiting period for checking background, proof of California residency prior to obtaining any firearm, and presentation of a handgun safety certificate prior to obtaining a handgun. Both State and Federal law also prohibits an individual from possessing a firearm within a school zone (within 1000 feet of a public, private or parochial school), with certain exceptions. In addition to existing gun laws, the California Legislature is currently considering adoption of the following regulations: • SB 47, which prohibits so- called bullet buttons and other devices that gun manufacturers use to circumvent the state's assault weapons ban and allow swift reloading. A similar bill, AB48, passed in the Assembly. • SB 567, which changes the definition of a type of shotgun that is already banned in the state to include a shotgun -rifle combination. • SB 53, which requires ammunition buyers to get a permit, have a background check and pay a fee. • SB 396, which bans ammunition magazines over 10 rounds, including those that people already own. • SB 755, which expands the list of those prohibited from owning weapons to include people convicted of additional drug and alcohol offenses. • SB 683, which expands the requirement for a firearms safety certificate from handguns to rifle purchases. • SB 374, which prohibits the sale, purchase, manufacture, importation or transfer of semi- automatic rifles that can accept detachable magazines. • SB 293 which would require all newly made or imported handguns in California to be "smart guns," digitally personalized so only their owners can fire them. CONCLUSION: Adoption of the proposed ordinance would require all firearms dealers to obtain a permit from the Town of Los Gatos as allowed under California State law. The Council ad hoc subcommittee recommends that Town Council approve the ordinance. ENVIRONMENTAL ASSESSMENT: This action is not a project defined under CEQA, and no further action is required. PAGE 5 MAYOR AND TOWN COUNCIL SUBJECT: Firearm sales June 12, 2013 FISCAL IMPACT: Section 14.130.025 allows Town Council to establish a fee for processing the permit. Consistent with other similar Town fees, the fee will be based on a cost recovery method. If the Council approves the proposed ordinance for a permit, then the fee resolution to establish a fee will be brought to Town Council for consideration when the ordinance returns for a second reading and Council's adoption of the ordinance. Attachments: 1. Draft ordinance 2. Public Comments received through 3:00 p.m. Thursday, June 13, 2013 THIS PAGE INTENTIONALLY LEFT BLAND ORDINANCE 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 AMMUNITION 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 , 2013. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Rev 6/2/04 ATTACHMENT 1 THIS PAGE INTENTIONALLY DEFT BLAND Sec. 14.130.010 Sec. 14.130.015 Sec. 14.130.020 Sea 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 XIII. 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 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 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 Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 1 of 9 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. 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. 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: Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 2 of 9 (1) The applicant(s) name, including any aliases, prior names, "dbas," the names of any partnership or other business entities. (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 ally 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. Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 3 of 9 (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. 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: (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. Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 4 of 9 (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. (f) 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. Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 5 of 9 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. Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 6 of 9 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. See. 14.130.060 Suspension or revocation of permit. (a) Any permit issued under this chapter may be suspended or revolted 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 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: Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 7 of 9 (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 revolted. 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 wonting days after the hearing, the Town Council shall issue a written decision which states whether the permit is suspended or revolted, 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. In the case of a suspension, Town Manager shall return the permit after the period of suspension has ended. 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 this ordinance shall file an application for a permit under this chapter within sixty calendar days after such effective date. Town of Los Gatos Firearms Dealers Regulations— DRAFT Page 8 of 9 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. Town of Los Gatos Firearms Dealers Regulations — DRAFT Page 9 of 9 THIS PAGE INTENTIONALLY LEFT BLANK From: Craig Elliott <celliott @pertino.com> Sent: Sunday, June 09, 2013 9:05 AM To: Firearms Regulations Cc: FireamsRegulations @LosGatosCa.Gov Subject: Re: Public Preview Draft of Firearms Dealers Ordinance Follow Up Flag: Follow up Flag Status: Completed Dear Sir /Madam, How is this different than existing laws Federal and State laws regulating firearm sales? Craig Elliott On Jun 7, 2013, at 3:52 PM, Firearms Regulations < FirearmsRe-gulations0LosGatosCA .Gov> wrote: Dear Sir /Madam, Please find attached a public preview draft of a possible Firearms Dealers Regulation Ordinance to be considered by the Los Gatos Town Council on Monday, June 17, 2013. Meeting will start at 7:00 p.m. in the Town Council Chambers. This draft ordinance has been developed by Town Staff and the Council Firearms Ad Hoc Subcommittee consisting of Council Members Marcia Jensen and Joe Pirzynski based on a review of similar Ordinances elsewhere in California Advance questions and /or comments on the Draft Ordinance can be submitted via email to: FireamsRe- ilation,LosGatosCa.Gov The final version of the Proposed Ordinance will be available on the Town's website on Friday June 14 after 12:00 p.m. Thank you in advance for your review of this Proposed Draft Ordinance. Sincerely, Greg Larson, Town Manager Judith Propp, Town Attorney <Firearms Permit - Public Preview DRAFT.pdf> ATTACHMENT 2 From: Blake <blakefinance2 @yahoo.com> Sent: Sunday, June 09, 2013 5:03 PM To: Firearms Regulations Subject: Firearms Ordnance Draft Follow Up Flag: Follow up Flag Status: Completed I grew up in Cupertino and have always thought very highly of neighboring Los Gatos. I have been to Templar Sports and find it a clean, quiet, friendly, well maintained business. I feel it would be truly unfair to impose an ordinance that would not allow them to do business anymore. Please count me in as a supporter of and continued customer of Templar Sports and of other many fine businesses of Los Gatos. Thank you sincerely for your time! Blake LeCount Cupertino, CA From: Pete Nusbaum <pete_nusbaum @yahoo.com> Sent: Sunday, June 09, 2013 5:20 PM To: Firearms Regulations Subject: Templar Sports Hello, My name is Pete Nusbaum and I am a Los Gatos resident. It has been brought to my attention that a new draft to the towns firearm ordinance has been made which will adversly affect Templar Sports. Templar Sports has followed all of the towns laws and has gone out of their way to comply with and fit into the towns way of life. This is a company that brings and will continue to bring much revenue to the town and has much support of the people. Most importantly, it is imperative that our town support and follow to the constitution of our great nation, in this instance, 2A. As I am sure any reasonable person knows, Templar Sports poses no threat to our beloved way of life in Los Gatos and in fact strengthens it. We are free people who stand for what we believe in and our constitutional rights are at the base of these freedoms. With particular attention to the areas of the new ordinance draft, we cannot allow an established, contributing business to be driven out of business because of unfounded fears. If ordinances are to change, Templar must be grandfathered in and must not be subject to targeting of new zoning laws. To do so is a blatant attack on both this legitimate business and the people of Los Gatos who support our nations constitution and Templar Sports in particular. Thank You, Pete Nusbaum From: Rob Eckaus <rme92043 @comcast.net> Sent: Sunday, June 09, 2013 7:15 PM To: Firearms Regulations Cc: 'Rob Eckaus' Subject: Templar Sports support Follow Up Flag: Follow up Flag Status: Completed Denying a legal business that is frequented by upstanding citizens in the community is a bad idea, and hopefully illegal without just cause. Fear, paranoia and misinformation is no way to run a community. Whomever is pushing to pull their license should resign from their position because they are not suitable to lead people in the slightest. Sincerely, Rob Eckaus San Jose Cars Examiner Western Automotive Journalists Ask me here for my advice column at Examiner.com: aslcrobaboutcars @gmail.com From: Sent: To: Subject: Follow Up Flag: Flag Status: To whom it may concern, Fred McHale <fmchale @outlook.com> Sunday, June 09, 2013 7:18 PM Firearms Regulations Oppose - Los Gatos Firearm Ordinance Follow up Completed The proposed Firearm Ordinance for Los Gatos is a very poorly thought out draft. I absolutely oppose it. The first issue that I see is the town has consistently held that business, Templar Sports, would be grandfathered in and not be affected by the ordinance. This is not stated in the draft at all. The second issue is that the ordinance in general is an absolute violation of United States citizens second amendment rights. Beyond that I also find this to be hurting local businesses. We should not be trying to shut them down but instead be supporting them. Thank you and please do the right thing, Fred McHale From: Shaun Coleman <shaun.coleman @gmail.com> Sent: Sunday, June 09, 2013 8:41 PM To: Firearms Regulations Subject: Support for Templar sports Follow Up Flag: Follow up Flag Status: Completed I am emailing in support of Templar Sports and their continued ability to be a firearms dealer in the town of Los Gatos. I am a law abiding citizen and long time resident of the Los Gatos area. Templar Sports like many small businesses supports our community and in this case the law abiding citizen of the area and the US Constitutional 2nd amendment. thank you shaun coleman From: Firearms Regulations Subject: FW: June 17, 2013 Town Meeting From: DC Taylor rmailto:dwainez(ccbgmail,comJ Sent: Sunday, June 09, 2013 9:10 PM To: Firearms Regulations Subject: June 17, 2013 Town Meeting It is my understanding that the proposed firearm ordinance does not grandfather Templar Sports, but does include a provision of yearly hearings for its permit renewal. Your unfair wording of the proposal does three things: 1. It ignores the right of the owners to conduct their business in the same fair and uninhibited manner that other businesses such as clothing stores or automotive stores. Templar Sports should be treated and regulated like any other business in Los Gatos. 2. By not grandfathering them into the ordinance, it opens the business to the scrutiny of political whim, should the general opinion of the town swing further to socialism. 3. Requiring a yearly hearing to approve a single permit is a misuse of tax dollars and politicians' time by focusing on a single business. Please give fair consideration to these comments in making your decision. Dwaine Taylor From: Ryan Ouellet <rouellet2l @hotmail.com> Sent: Sunday, June 09, 2013 10;11 PM To: Firearms Regulations Subject: New ordinance Follow Up Flag: Follow up Flag Status: Completed I do not support your unfair treatment of our local business Templar Arms. If this ordinance passes as you have drafted I will, show my lack of support for what you are doing with my future votes and will encourage my friends and family to do the same. I am a 30 year resident of Los Gatos. You don't seem to understand if you close down this business people will just spend their money in Campbell or San Jose. From: Deborah Ford <deborahfordstar @sbcglobal.net> Sent: Sunday, June 09, 2013 10:35 PM To: Firearms Regulations Subject: Templar Sports Follow Up Flag: Follow up Flag Status: Completed Dear Sir or Madam: 1 have been reading up on the proposed changes that will directly affect Templar Sports. The changes are onerous to a small business. It appears to be singled out for no good reason. The store has consistently complied with all laws and regulations and operates lawfully. To single it out is massively unfair and can have no good effect on the Town of Los Gatos. ,Deborah Ford 5R www, deborah ford, net The day the child realizes that all adults are imperfect he becomes an adolescent, the day he forgives them, he becomes an adult, the day he forgives himself, he becomes wise. From: noreply @civicplus.com Sent: Sunday, June 09, 2013 11:04 PM To: Town Manager; Christina Gilmore Subject: Online Form Submittal: Customer Feedback Form Follow Up Flag: Follow up Flag Status: Completed The following form was submitted via your website: Customer Feedback Form Name:: grant wrathall Address:: 1410 charlson road City:: aptos State:: ca Zip :: 95003 Home Phone Number:: 8316623068 Daytime Phone Number:: Email Address:: gwrath @mtaonline.net Please let us know how we are doing or what we can do for youk I travel to San Jose and back to Aptos frequently and I enjoy stopping at different gun stores in the San Jose Area and well as Templar Sports in Los Gatos. I have had it with political correctness and will no longer spend any money, not even a penny, in Los Gatos ever again if that store is forced out of business by your city government merely because they sell guns and gun supplies. I have owned firearms for sixty four years and am not a criminal and refuse to be treated like one in Los Gatos. This is America and The People should have the convenience of shopping for guns, ammunition, and other gun related items in Los Gatos. I have never heard of a gun store being a bad influence in a community anywhere. Political Correctness is for the non - thinkers in out society and is very dangerous to the freedom of all Americans. You are not acting like adults but like misdirected children. Sincerely, Grant Wrathall Additional Information: Form submitted on: 6/9/2013 11:03:53 PM Submitted from IP Address: 216.152.180.89 Referrer Page: http: / /losgatosca,gov/ Form.Address: http:// www. losgatosca .gov /Forms.asr)x ?FID =48 From: Greg Gardner <gardner5 @mac.com> Sent: Monday, June 10, 2013 2:02 PM To: Firearms Regulations Subject: Templar Sports Follow Up Flag: Follow up Flag Status: Completed It is my understanding that the city is forcing extra steps of compliance on this business. It makes no sense that the city should require a yearly review of this business unless you require it for every city business. Gun deaths and injuries have dropped sharply in California over the past years, even as the number of guns sold in the state has risen, according to new state data. It seems like you are over - reaching to the fears of a few people who react without facts. Please encourage all legal retail business! Thank you for not punishing this business or any other in Los Gatos. Greg Gardner Greg Gardner Qardner5mmac.com Start with what is right rather than what is acceptable. — Peter F. Drucker From: Lowe, Dennis <dennis.lowe @lmco.com> Sent: Monday, June 10, 2013 2:18 PM To: Firearms Regulations Subject: Stop Screwing around with Templar Follow Up Flag: Follow up Flag Status: Completed Los Gatos is a better town than this. You are infringing on the rights of a business owner to satisfy your liberal left. What if the liberals didn't want trendy restaurants? Would you do the same to them? Please be reasonable. Dennis Lowe MINV IPT Wk: 408 - 743 -7005 Cell: 408 - 242 -3316 "Call for God but row away from the rocks" 1 From: noreply @civicpIus.com Sent: Monday, June 10, 2013 2:59 PM To: Town Manager; Christina Gilmore Subject: Online Form Submittal: Customer Feedback Form Follow Up Flag: Follow up Flag Status: Completed The following form was submitted via your website: Customer Feedback Form Name:: Alan Hills Address:: P 0 Box 694 City:: Los Gatos State:: CA Zip:: 95031 Home Phone Number:: 408 - 353 -4394 Daytime Phone Number:: 408 - 559 -5004 Email Address:: Buyasafe2@aoLcom Please let us know how we are doing or what we can do for youk Re: Templar Sports. Shall we ban water because someone might drown in it? Shall we ban matches because someone might burn themselves? (Thomas Jefferson). Whatever happened to "innocent until proven guilty ?" Templar Sports has done a very commendable job of designing a bulding front that compliments the entire street. They have done nothing wrong. They have complied with every requirement. The store is cleaner, neater and more presentable inside than half the other businesses in town. They sell a lawful product, lawfully. Anti -gun Los Gatos liberals have nothing to fear but their own paranoia. How about the most active zealots putting signs on their lawns that read: WE HATE GUNS, THERE ARE NO GUNS IN THIS HOUSE. Sweet dreams. Additional Information: Form submitted on: 6/10/2013 2:58:43 PM Submitted from IP Address: 207.200.116.8 Referrer Page: http / /losgatosca.gov/ Form Address: http:// www, losgatosca .gov /Forms.aspx ?PID =48 From: Frank Lacy <frankblacyl @aol.com> Sent: Monday, June 10, 2013 6:08 PM To: Firearms Regulations Subject: Firearm Ordinance Please do not allow a new Ordinance to go forth. It is not difficult to see that arguments to restrict gun stores any further than they have already been restricted in Los Gatos are based on emotion. The emotional basis is two -fold: (1) The need of some individuals in leadership positions to appease the emotional pressure of; "we have to look like we are doing something even if it is not very rational" and (2) guns are the problem. Guns are not the problem. In this case, it is so much easier to attack that which is not the problem than to seriously and thoughtfully plan to attack the real problem which is "problem people ". The restrictions which are planned are all infringements on the individual's right to keep and bear arms. Infringements are unconstitutional and many government leaders /planners do not object to acting against our precious Constitution. Are you one of those? Please reconsider this ordinance and do nothing to advance it. Sincerely, Frank Lacy From: Conor Mcgarry <conormcgarry16 @yahoo.com> Sent: Monday, June 10, 2013 6:50 PM To: Firearms Regulations Subject: Templar Sports The Templar Sports store has done nothing wrong and has only acted with all laws and regulations and has always operated under legal conditions and requirements. I oppose the Draft of the Firearms Ordinance as it places the unfair blame and hardship on a legal business. It should be grandfathered in as the town has consistenly agreed with that proposal and that should be seen fit. The provision outlawing the grand fathering and the requirement that public comment and meetings required every year for renewal of its permit is wrong and only makes it harder for a longstanding and legal business to operate. I ask the counsel to instead oppose this new ordinance. Thank you for your time. From: Robert Clark <parcclark @comcast.net> Sent: Monday, June 10, 2013 8:31 PM To: Firearms Regulations Subject: Support for Templar Sports I'm writing this email in support of Templar Sports. I'm not one of the fanatical gun toting extremists, but I am a sportsman and I do appreciate having a local shop where I can purchase sporting items. I'm a small business owner in Campbell, I'm very much in support of Templar Sports and other local small businesses. I hope that you will, allow them to exist in Los Gatos. Sincerely, Rob Clark Clark Window Service PO Box 321077 Los Gatos, CA. 95032 408 - 377 -7751 (Office) 408 - 377 -7761 (Fax) From: John Schramm <jwschramm @gmail..com> Sent: Monday, June 10, 2013 8:44 PM To: Firearms Regulations Subject: Templar Sports To whom it may concern, I am writing to inform you of my support for Templar Sports, and my opposition to "ARTICLE XIII. FIREARMS DEALERS, Sale of Firearms and Ammunition." I support small businesses, and Templar especially. If this ordnance must take effect, I think it is imperative that Templar be grandfathered and exempted from the ordnance. I urge you to reconsider the effects this ordnance will have on the local economy and well -being of small businesses. Thank you for your time. John Schramm From: Kevin Irvin <klirvin @msn.com> Sent: Monday, June 10, 2013 10:46 PM To: Firearms Regulations Subject: Firearm Ordinance "Permitting" an enumerated right will result in loss of the city's money from the inevitable lawsuits. The legal theory that a person can simply buy guns in another city will not hold water either as evidenced in the 4th circuit. Do yourself a favor: leave people alone. Practice /live liberty. From: EK609 @aol.com Sent: Tuesday, June 11, 2013 3:53 PM To: Firearms Regulations Subject: In Support of Templar Sports I am witting this in support of Templar Sports and against the proposed NEW regulations regarding and existing business. I thought that governments were not allowed to pass laws after the fact and that if the business had met all of the requirements to open that new restrictions could not be put in place to drive that business out of existence. Elected officials are doing the public a disservice when they act in this manner. Templar Sport has met all of the current regulations to open and operate and should not be punished because someone simply does not like their business model. Ed Kaufman 408 - 297 -2174 From: Eric Moore <erdc2tails @mac.com> Sent: Tuesday, June 11, 2013 6 :09 PM To: Firearms Regulations Subject: Fwd: Templar Sports Begin forwarded message: From: Eric Moore <erdc2tails(cDmac.com> Date: June 11, 2013 6:06 :06 PM PDT To: Firearmsregulation (o)losgatos.gov Subject: Templar Sports I had a Los Gatos address growing up. I went to Los Gatos High School. There were stores in town the entire time that sold hunting equipment. It was never proposed that they be retroactively zoned out of existence. Why is it OK to do so now? What other businesses are you going to run out of town? Why would I want to conduct business in a town like that? Templar Sports is an outstanding member of the Los Gatos business community and no, I did not make this up, check Yelp. Leave them alone. Martin Eric Moore Felton From: Steve Schwarzer <cyclosteve @gmail.com> Sent: Tuesday, June 11, 2013 9:20 PM To: Firearms Regulations Subject: Town of Los Gatos Firearms Dealers Regulations Dear Council Members, I am writing in support of a fellow business owner in town, Templar Sports. The draft Firearms Dealers Regulations goes well beyond ensuring the safety of residents of the Town, but leans towards making all legitimate firearms- related business difficult, if not impossible in Los Gatos. What happened to the promise at previous meetings about grandfathering current FFL businesses? What happened to the assurance that the town was not out to drive businesses and tax revenues away? What other businesses would have such an annual burden for license renewal and public input? Ask yourselves, has crime increased due to Templar? Has Templar been a good member of our business community and community as a whole? As I have said before the Town should judge a business by their behavior, not simply by the products or services that they sell. Prejudice has no place in the discussion, nor decisions regarding business licenses and regulations. Best Regards, Steve Schwarzer From: Howard Myers <lhrnyersl @comcast.net> Sent: Tuesday, June 11, 2013 11:03 PM To: Firearms Regulations Cc: losgatosevents @californiacafe.com Subject: Town Council action towards Templar Sports Town Council, With all the politicking and grandstanding it is hard to tell what you are really trying to do. If you were really worried about the safety of Los Gatos residents you would be much better served raising barriers to more stores that sell alcohol and forcing new regulations on those establishments that already exist. Alcohol consumption is responsible for many more deaths and injuries than weapons are. And alcohol is of little help if you are being robbed or raped. And if you want to protect your children from being killed you would be much better off outlawing swimming pools. They kill 8 times more children than guns do. So if you aren't doing this to protect your residents why are you doing it? Is it because you are misinformed or because your constituents are misinformed? Either way you are acting foolishly and emotionally and not at all rationally. I just hosted a dinner party at California Cafe for over 20 people. If you persist in this type of persecution I will certainly look for another town next year. My single action won't affect your economy, but if Los Gatos earns a reputation of poorly thought out vendettas against small business I am sure there will be others. Best regards, Howard Myers President, The Conservative Forum of Silicon Valley From: Francisco Cordova <ciscocnursery@gmail.com> Sent: Wednesday, June 12, 2013 12:00 AM To: Firearms Regulations Subject: Gun Ordinance: Templar Sports I'm writing to you in support of Templar Sports. I support who they are and what they do. They should be "grandfathered' in any new city ordinance. We need to support lawful businesses in this state. I do not support the new ordinance. Thank you for listening. I hope you make a decision that supports local businesses. Francisco Cordova From: Dominick Picciano <rem22239 @yahoo.com> Sent: Wednesday, June 12, 2013 8:53 AM To: Firearms Regulations Subject: Our Guns! Look stop this red tape regulations on our guns,l know all you are antigun but are armed yourself with your double standard.. From: k n <kn69dvd @yahoo.com> Sent: Wednesday, June 12, 2013 10:30 AM To: Firearms Regulations Subject: Templar Sports Hello, As a Los Gatos resident I find it appalling that the city would want to put restrictions on a legal business just because of some few'emotional' people. The owner is a former police officer, they sell to law abiding people (no criminal can even try to purchase a firearm anyway) and to law enforcement as well. Stop trying to mess with this business and stop saying "I'm not trying to take away your second amendment rights" - because you are. Kurt N. From: Bob Heldt <rheldt @sbcglobal.net> Sent: Wednesday, June 12, 2013 10:44 AM To: Firearms Regulations Subject: Grand Fathering Templar Sports My friends and I have shopped at Templar Sports. We found them to be a reputable business and very safety conscious. We are retired veterans and find the store a very convenient place to purchase various items related to our target shooting and haunting hobbies. In view of the fact that the town allows bars serving potential drunk drivers and allows car sales ( auto fatalities far out number violent gun use fatalities), I find it unfair that you try to shut down a small business that is operating within the law. Is political "eye wash" that important to the council? I am a resident of Almaden and frequent the various restaurants and stores in Los Gatos. I can assure you that if you act to shut down Templar my family and fellow sportsmen will no longer bother shopping in Los Gatos. From: Mike Kalashian <makalashian @gmail.com> Sent: Wednesday, June 12, 2013 11:11 AM To: Firearms Regulations Subject: This proposed regulation is wrong I support the free market and the existence of businesses that follow the law and contribute to the community. Changing the law after the fact to persecute a business that sells firearms is fascistic, unfair, and un- American. If the town goes through with this, I will certainly stop spending my money in Los Gatos. There plenty of fine businesses over the hill in Almaden Valley. encourage town leaders to do the democratic thing. Stop this proposed ordinance. Don't punish Templar Sports. Regards, Mike Kalashian Almaden Valley 1 From: Jeff Zullo Finailto:jjsurf22Pyahoo.com] Sent: Wednesday, June 12, 2013 1:39 PM To: Council Subject: Opposed to any Ordinance to Regulate Firearm dealers Respectfully request that the Los Gatos Town Council not approve any Firearm Ordinance that could impose onerous permit requirements which may impair the 2nd Ammendment rights of law abiding gun and ammo owning residents of the great Town of Los Gatos. While I understand that the version currently available may be revised and released June 14, the proposed Firearm Ordinance in its current version may generate legal challenges and unnecessary future legal costs for the Town of Los Gatos, I am opposed to the previously approved Retail Firearms Moratorium and any proposed Firearm Ordinance. While I understand there is a need to acknowledge the concerns of individuals opposed to retailers selling guns in the Town of Los Gatos, the Town Council must respect and protect the 2nd Ammendment rights of all law abiding residents in the Town of Los Gatos. A specific portion of the proposed ordinance which generates significant concern is the proposed language in Sections 14.130.020 and 14.130.025 which reference permit requirements for sale of ammunition by any "person ". This language appears to be intentionally vague, or poorly written, and could be interpreted to require an annual permit for the sale or transfer of ammo by any individual resident in the town of Los Gatos. Thank you for your service and contributions to the Town of Los Gatos, and for your consideration of the concerns expressed. Jeff Zullo 119 La Rinconada Drive Los Gatos, CA 95030 From: Bill Taylor <bill @wltaylor,com> Sent: Wednesday, June 12, 2013 3:32 PM To: Firearms Regulations Cc: Bill Taylor Subject: Proposed Ordinance Town of Los Gatos, Thank you for emailing me the proposed Firearm Ordinance. The ordinance as written is absurd. It is very clear that the Town of Los Gatos does not want any firearms businesses operating in the town limits, specifically Templar Sports. There would not be ANY businesses left in Los Gatos if they all had to succumb to such ridiculous requirements... not just once, but every year! It appears that there is no provision for Templar Sports to be "grandfathered" in, as they were legally approved by the Town of Los Gatos prior to this proposed ordinance. Grandfathering is customary when ordinances change, and the Town indicated that Templar would be " grandfathered" in the event of an ordinance change. Also, there is an indication that the Town my also change the use and zoning of the area. This would also effectively put Templar out of business. This is clearly discrimination of the most cowardly kind. Rather than banning Firearms businesses altogether, you just make is impossible to comply. I personally object these shady and underhanded tactics trying to force a company out of business for the sake of politics. You ought to be ashamed of yourselves. Check this out... here's what a real American Mayor and City Council (with the exception of two Quisling councilmembers) looks like... http: / /Youtu.be /TxHnCei4wzg Bill Taylor From: Henry <irishluddite @aol.com> Sent: Wednesday, June 12, 2013 9:12 PM To: Firearms Regulations Subject: Firearm ordanences I have reviewed the draft of the firearm ordanences and would like to see " conditional use " language. Also I was disapponted that the land use issues had been deferred. Surely this is where the real contravercies lie. These issues will need considerable time and discussion by council staff and the public. Henry Fee Sent from my Phone From: Linda <macclutz @aol.com> Sent: Wednesday, June 12, 2013 10:06 PM To: Firearms Regulations Subject: Firearms Thank you for the opportunity to review the draft of the firearm regulations. The regulations are a good start but the land use needs to be addressed also. Thank you, Linda Fee Sent from my iPhone From: Lauri Pastrone ( mailto ,ImpastroneC&googlemail.com] Sent: Wednesday, June 12, 2013 11:31 PM To: Steve Leonardis; Diane McNutt; BSpector; Joe Pirzynski; Marcia Jensen; Greg Larson; Judith Propp Subject: URGENT -- Proposed Draft of Firearms Ordinances Dear Town Council Members, Town Manager and Town Attorney I have had the chance to review the proposed draft of Firearms Ordinances for the Town of Los Gatos (attached). I appreciate the effort made by the Ad Hoc Committee made thus far — and think that there are many good parts to the proposed draft. That said, I am heartened that the ordinances are just that — only.a draft — as there are many areas that still need to be included, and discussed at the upcoming meeting and beyond. Among the issues I note are: 1. Land Use permitting needs to be part an integral part of the permitting process for any firearms retailer. (1 see only a license or administrative permit mentioned in the ordinances.) Where a firearms dealer may operate in Los Gatos is as important (or more) of an issue as to who and how. The proposed ordinances don't even mention the land use permitting issue... which is quite alarming. Indeed, location —given that I have children, is one of my major concerns. The ordinances should state that there are two permits that must be obtained before a dealer can sell arms — a land use permit, and a permit as set forth in the draft ordinances. 2. Another issue is that written applications for permits need to be provided to the Town Council members — more than just the Chief of Police, Town Manager and Town Attorney. The recent issue with Templar indicates that the Town Council (and the public) needs to be part of the process from the time of application. Section 14.130.025 as currently proposed, needs to be reconsidered. These are just two of the areas among many that I find needing modification or change... I look forward to the public hearing on Monday, in which the issues can be explored further — and given real consideration. I do hope that Monday is a real exchange of ideas on the work that is presented thus far... and not a rubber stamp on the draft. Kind regards, Lauri Pastrone Lawry M. Payh -ovt, 17651 Dr v� Lo-y Ga4as GA 95030 M. +1-408-455-6800 From: Chris Potter [cspotter5 @gmail.com] Sent: Thursday, June 13, 2013 7 :31 AM To: Steve Leonardis; Diane McNutt; BSpector; Joe Pirzynski; Marcia Jensen; Greg Larson; Judith Propp Subject: Firearms Ordinances for the Town of Los Gatos - Reply from Town Resident To the Town Council Members, Town Manager and Town Attorney - I have had a chance to review the draft of Firearms Ordinances for the Town of Los Gatos posted on the Town's web site. I am heartened that there has been some work done by the committee, but note that there is still much to be done with regard to firearms regulations for the town. I do hope that the draft ordinances are indeed draft ordinances as they have been proposed — and that next Monday's Town Council meeting will provide a forum for sound input by concerned residents and homeowners of the town. The draft ordinances are generally a step in the right direction., however they have some. weaknesses. Among them, I'd like to note for you that the language does not address the issue of the location of the firearms business premises — particularly prohibiting firearms dealers from operating In residential areas or within proximity of residences, schools, parks, government buildings or other sensitive areas. I have heard some talk that this issue might be dealt within another document or another proposed ordinance dealing with land use. That may or may not be true... Whatever the case, this is an extremely important issue that cannot be kicked' down the road for later (or no.) action. Without addressing the business premises location issue in this draft ordinance now, there appears to be but one permit needed for operating as a gun dealer in Los Gatos. At a minimum at this point, the ordinances need to state that the permit requirements under Article XIII are in addition to the requirement for a land use permit for firearms sales, and that no one may engage in firearm sales without both the permit .granted under Article Xlll and a land use permit for firearms sales. I urge the Town to work on the land use permit requirement now so as to provide for a meaningful code governing firearms sales in Los Gatos. Again, thanks to all for the work thus far. I look forward to further discussion of the draft ordinances at the public forum next Monday. Respectfully yours, Chris Potter Tait Ave, Los Gatos From: Jim Creighton <jim.creighton @newwow.net> Sent: Thursday, June 13, 2013 2:57 PM To: Town Manager Cc: BSpector; Steve Leonardis; Marcia Jensen; Joe Pirzynski; Diane McNutt; 'Gil Decker'; ssusick @comcast.net; sandydeckerinlg @gmail.com Subject: firearms ordinance Greg First, our congratulations on getting this far. We are pleased that we are actually discussing an ordinance. We are also pleased with the public hearing requirement. The ordinance is fine for what it does do. But there are several glaring omissions that we believe need to be addressed. As we read this ordinance, except for the addition of a public hearing, a new equivalent of Templar Sports could apply and receive a permit. The critical issue is the determination of compliance with zoning requirements in Sec.14.130.035 (h). This ordinance does not spell out what those requirements are, so it is simply left to the judgment of the Planning Director, Planning Commission or Town Council. We assume that something additional will be put in zoning requirements pertaining to gun sales. As it stands now, Templar was considered to meet this requirement and another gun shop could do the same. Also, no discrimination is made between the sale of hand guns and the sale of automatic weapons or equipment that enables automatic weapons. We believe the ordinance should clearly state that no sales of automatic weapons or equipment that enables automatic weapons is permitted in the Town of Los Gatos. Maggie and Jim Creighton 347 Massol, #207 P.O. Box 1030 Los Gatos, CA, 95031 (408)354 -8001 MagaieCandC(a-),gmail.com THIS PAGE INTENTIONALLY LEFT BLANK