[Ord. #96-09, § 1]
a.
This section shall be known as the Firearms Dealer Permit Ordinance.
b.
Findings. The City Council of the City of Albany hereby finds that:
1.
A considerable proportion of the handguns used in serious crimes
against person and property in the Bay Area were obtained from dealers
who were not licensed by local municipalities; and
2.
The widespread availability of firearms/handguns has resulted in
a rise in the volume of injuries and ease of committing serious crimes
against person and property; and
3.
Because of the range and penetration of a projectile fired from a
firearm, the use of firearms in any serious crime against person or
property is more likely to cause death or serious bodily injury to
innocent bystanders; and
4.
None of the persons possessing a Federal Firearms License in Albany
has obtained a City of Albany business license.
[Ord. #96-09, § 1]
The following words and phrases, whenever used in the section,
shall be construed as defined in this section:
Shall mean the conduct of a business by the selling, transferring,
or leasing of any firearm; or the preparation for such conduct of
business as evidenced by the securing of applicable Federal or State
licenses; or the holding of one's self out as engaged in the business
of selling, transferring, or leasing of any firearm, or the selling,
transferring, or leasing of firearms in quantity, in series, or in
individual transactions, or in any other manner indicative of trade.
Shall mean any device, designed to be used as a weapon or
modified to be used as a weapon, from which is expelled through a
barrel a projectile by the force of an explosion or other form of
combustion.
Shall mean a person engaged in the business of selling, transferring,
or leasing, or advertising for sale, transfer, or lease, or offering
or exposing for sale, transfer, or lease, any firearm.
Shall mean natural person, association, partnership, firm,
or corporation.
[Ord. #96-09, § 1]
It shall be unlawful for any person, partnership, cooperative,
corporation, firm, or association to engage in the business of operating
or managing any business which sells, transfers, leases or offers
or advertises for sale, transfer, or lease, any firearm without first
obtaining a firearms dealer permit from the Chief of Police of the
Albany Police Department.
Any person who has a Federal Firearms License from the Federal
Government to sell, transfer, lease, or advertise for sale, transfer,
or lease any firearm shall obtain a permit pursuant to the provisions
of this section.
[Ord. #96-09, § 1]
An applicant for a permit under this section shall file with
the Chief of Police a sworn application in writing, on a form to be
furnished by the City. The applicant shall provide all information
requested, including proof of compliance with all applicable Federal,
State, and local laws when required by the Chief of Police, or the
application will not be deemed complete. The application shall be
accompanied by a nonrefundable fee as set forth in the City of Albany
Municipal license/permit fee schedule. To the extent practicable,
the fee amount shall reflect the cost of enforcing the requirements
of this section.
[Ord. #96-09, § 1]
The Chief of Police shall conduct an appropriate investigation
to determine for the protection of public safety whether the permit
may be issued. The Chief of Police may require additional information
of an applicant deemed necessary to complete the investigation.
[Ord. #96-09, § 1]
The Chief of Police shall deny the issuance of a permit when
any of the following conditions exist:
a.
The applicant, or an officer, employee, or agent thereof, is under
the age of twenty-one (21) years.
b.
The applicant is not licensed as required by all applicable Federal,
State and local laws;
c.
The applicant, or an officer, employee, or agent thereof, has had
a similar type permit previously revoked or denied for good cause
within the immediately preceding two (2) years.
d.
The applicant, or an officer, employee, or agent thereof, has made
a false or misleading statement of a material fact or omission of
a material fact in the application for a permit.
e.
The applicant, or an officer, employee, or agent thereof, has been
convicted of:
1.
Any offense so as to disqualify the applicant, or an officer, employee
or agent thereof from owning or possessing a firearm under applicable
Federal, State, and local laws.
2.
Any offense relating to the manufacturing, sale, possession, use,
or registration of any firearm or dangerous or deadly weapon.
3.
Any offense involving the use of force or violence upon the person
of another.
4.
Any offense involving grand theft, fraud, dishonesty, or deceit.
5.
Any offense involving the manufacture, sale, possession, or use of
any controlled substance as defined by the California Health &
Safety Code as said definition now reads or may hereafter be amended
to read.
f.
The applicant, or an officer, employee, or agent thereof, is an unlawful
user of any controlled substance as defined by the California Health
& Safety Code as said definition now reads or may hereafter be
amended to read, or is an excessive user of alcohol to the extent
that such use would impair his or her fitness to be a dealer in firearms,
as evidenced by convictions for criminal or vehicle code violations
which involved the use of liquor or drugs.
g.
The applicant, or an officer, employee, or agent thereof, has been
adjudicated as a mental defective, or has been committed to a mental
institution, or suffers from any psychological disturbance which would
impair his or her fitness to be a dealer in concealable firearms.
h.
The operation of the business as proposed will not comply with all
applicable Federal, State, and local laws.
i.
The applicant, or an officer, employee, or agent thereof, proposes
to operate in the following locations:
1.
Within a zoning district in which general retail sales commercial
activities are not a permitted or conditional use.
2.
Within a zoning district in which residential use is the principal
permitted or maintained use.
3.
Within three hundred (300') feet of a public or private day care
center or day care home, or within three hundred feet of any elementary,
junior high, or high school whether public or private.
4.
On or within three hundred (300') feet of the exterior limits of
any other premises occupied by a dealer in firearms.
j.
The applicant, or an officer, employee, or agent thereof does not
have, and/or cannot provide evidence of a possessory interest in the
property at which the proposed business will be conducted.
k.
Any ground for denial exists as specified in the Albany Municipal
Code.
[Ord. #96-09, § 1]
In order to discourage the theft of firearms stored on the premises
of a firearms dealer, any business licensed under this section must
adhere to security measures as required by the Chief of Police. Security
measures shall include but not be limited to:
a.
The provision of secure gun safes, secure locks, windows and doors,
adequate lighting, and alarms as specified by the Chief of Police.
b.
Storing of all firearms and ammunition on the premises out of the
reach of customers in secure, locked facilities, so that access to
firearms shall be controlled by the dealer or employees of the dealer,
to the exclusion of all others.
[Ord. #96-09, § 1]
All permits issued pursuant to the section shall be in the form
prescribed by the Attorney General of the State of California, or
such other form as approved by the Chief of Police.
[Ord. #96-09, § 1]
All permits issued pursuant to this section shall expire one
(1) year after the date of issuance; provided, however, that such
permits may be renewed by the Chief of Police for additional periods
of one (1) year upon the approval of an application for renewal by
the Chief of Police and payment of the renewal fee. Such renewal application
must be received by the Chief of Police, in completed form, no later
than forty-five (45) days prior to the expiration of the current permit.
[Ord. #96-09, § 1]
The assignment or attempt to assign any permit issued pursuant
to this section is unlawful and any such assignment or attempt to
assign a permit shall render the permit null and void.
[Ord. #96-09, § 1]
Any permit issued pursuant to this section shall be subject
to all of the following conditions, the breach of any which shall
be sufficient cause for revocation of the permit by the Chief of Police:
a.
The business shall be carried on only in the building located at
the street address shown on the license.
b.
The permittee shall comply with Sections 12073, 12074, 12076, 12077
and 12082 and subdivision (b) of Section 12072 of the California Penal
Code, to the extent that the provisions remain in effect.
Any permit pursuant to this section shall be subject to such
additional conditions as the Chief of Police find are reasonably related
to the purpose of this section.
[Ord. #96-09, § 1]
In addition to any provisions contained in this section, any
circumstances constitution grounds for denial shall also constitute
grounds for revocation.
[Ord. #96-09, § 1]
a.
Any person whose application for a permit under this section has
been denied, or whose permit has been revoked pursuant to the provisions
of this section, shall have the right to a hearing before the City
Council or a designee prior to final denial or prior to revocation.
b.
The Chief of Police shall give the applicant or permittee written
notice of the intent to deny the application or to revoke the permit.
The notice shall set forth the ground or grounds for the Chief of
Police's intent to deny the application or to revoke the permit, and
shall inform the applicant or permittee that he or she has ten (10)
days from the date of receipt of the notice to file a written request
for a hearing. The application may be denied or the permit revoked
if a written hearing request is not received within the ten (10) day
period.
c.
If the applicant or permittee files a timely hearing request, the
Chief of Police shall set a time and place for the hearing. All parties
involved shall have the right to offer testimonial, documentary and
tangible evidence bearing on the issues, to be represented by counsel,
and to confront and cross-examine any witnesses against them. The
decision of the Chief of Police whether to deny the application or
revoke the permit is final and nonappealable.
[Ord. #96-09, § 1]
The permittee shall keep in full force and effect any policy
of insurance as is required by State law, Federal law or by regulations
enacted by the City of Albany.
Any policy required by the City of Albany shall be reviewed
and approved by the Finance Director or designee. The Finance Department
upon approval by resolution of the City Council, may impose upon applicants
or permittees the requirement to procure insurance consistent with
the provisions of a resolution passed by the City Council.
Any such policy of insurance which is in effect shall contain
an endorsement providing that the policy will not be canceled until
notice in writing has been given to the City, addressed in care of
the Chief of Police, 1000 San Pablo Avenue, Albany, California 94706,
at least thirty (30) days immediately prior to the time such cancellation
becomes effective.
[Ord. #96-09, § 1]
Any and all investigating officials of the City shall have the
right to enter the building designated in the permit from time to
time to make reasonable inspections to observe and enforce compliance
with building, mechanical, fire, electrical, plumbing, or health regulations,
and provisions of this section. A police investigator may conduct
compliance inspections to insure conformance to all Federal, State,
and local law, and all provisions of this section.
[Ord. #96-09, § 1]
Any person engaging in the business of selling, transferring,
or leasing, or advertising for sale, transfer, or lease, or offering
or exposing for sale, transfer, or lease, any firearm on the effective
date of this section shall have a period of sixty (60) days after
such effective date to comply with the provisions of this section.
[Ord. #96-09, § 1]
a.
If the dealer violates any Federal, State and local County or City
law, the Chief of Police may immediately suspend the right of the
dealer to sell firearms. This temporary suspension will not exceed
fourteen (14) days, if the violation results in a criminal charge
filed in court by a Federal, State, or County District Attorney such
permit to sell firearms may be suspended until the case is adjudicated
in a court of law.
b.
Notice of suspension shall be mailed to the person(s) who made application
for the permit and shall be delivered to the address listed on the
permit.
