No
person shall engage in the business of selling, transferring, advertising,
offering, or exposing for sale or transfer, any pistol, revolver or
other firearm capable of being concealed upon the person unless he
or she has been issued a license pursuant to this chapter, in addition
to any other permit or license required by this code.
A
person who engages in the business of selling or transferring concealable
weapons at more than one place of business shall be required to have
a separate license for each such place of business. No license issued
by another jurisdiction shall be valid in the city.
As
used in this chapter, engaging in the business of selling or transferring
concealable firearms does not include the infrequent sale or transfer,
offering, exposing for sale, or advertising for sale any handgun at
a gun show, swap meet or similar event. As used in this section, "infrequent"
means occasional and without regularity.
The
question as to whether a person is "engaged in the business," as the
term is used in this chapter, shall be resolved in light of the facts
of each particular case.
An
application for a license under this chapter, or the renewal thereof,
shall be filed with the finance department on forms provided by the
city, together with a filing fee, as established by city council resolution.
The information to be provided on the application shall include the
applicant's true name and aliases, if any, driver's license number,
date of birth, height, weight, color of hair and eyes, business and
residence address and telephone number, state sales tax number, and
such other information as the chief of police may deem necessary.
The application shall be verified by the applicant.
A
person who engages in the business of selling or transferring concealable
weapons at more than one place of business shall be required to file
a separate application for each such place of business.
The
chief of police shall conduct an investigation of the applicant to
determine whether the license, or renewal thereof, shall be issued.
The police chief may require information of the applicant which he
or she deems necessary to conduct the investigation, in addition to
the information contained in the application.
The
chief of police shall complete his or her investigation and either
issue the license or give written notice to the applicant by mail
or personal service of the denial thereof, within thirty days after
the application is filed. Every notice of denial shall include a statement
of the findings therefor.
The applicant has not been convicted of any felony or misdemeanor
involving the violation of any state law or any local ordinance relating
to the owning, carrying, sale, use or registration of firearms or
dangerous or deadly weapons;
Upon the cessation or change in the location of the place of business,
whichever occurs first; provided, that an expired license may be renewed
for additional one-year periods in accordance with the provisions
of this chapter.
The
assignment or attempt to assign any license issued pursuant to this
chapter shall be unlawful and any such assignment or attempt to assign
a permit shall render the license null and void.
The
applicant shall have ten days from the date of mailing or of personal
service of a notice of denial to file with the chief of police a written
request for reconsideration. The request shall state the grounds therefor
and shall include evidence or argument in opposition to the findings
upon which the denial was based. The written request may include a
request for a personal interview with the police chief. Within five
days after the written request is filed or the interview is held,
whichever is later, the police chief shall either issue the license,
or renewal thereof, or give written notice to the applicant by mail
or by personal service of his or her final determination of denial
and the findings therefor.
The
applicant shall have ten days from the date of mailing or of personal
service of the final determination of denial to file with the city
manager a written appeal. The appeal shall state the grounds therefor,
and shall include evidence or argument in opposition to the findings
upon which the final determination was based. The written appeal may
include a request for a personal interview with the city manager.
Within five days after the written appeal is filed or the interview
is held, whichever is later, the city manager shall either cause the
license to be issued or shall give written notice to the applicant
by mail or by personal service of his or her decision of the denial
thereof and the findings therefor. The decision of the city manager
shall be final.