For purposes of this chapter, the following terms shall have
the following meanings:
"Engages in the business"
shall mean the conducting of a business by selling, leasing,
or otherwise transferring, for a consideration, any firearm, firearm
munition or firearm ammunition component; or the holding of one's
self out as engaged in the business of selling, leasing or otherwise
transferring for a consideration any firearm, firearm munition, or
firearm ammunition component in quantity, in series, or in individual
transactions, or in any other manner indicative of trade.
"Firearm"
shall include, without limitation, any revolver, pistol or
any other device designed to be used as a weapon or modified to be
used as a weapon, that expels a projectile by the force of an explosion
or other form of combustion.
"Firearm ammunition"
shall mean any cartridge or encasement containing a bullet
or projectile, propellant or explosive charge, and a primer which
is used in the operation of a firearm.
"Firearm ammunition component"
shall mean any cartridge or encasement, bullet or projectile,
primer or propellant or explosive material used to manufacture ammunition.
"Gun dealer"
shall mean any person who engages in the business of selling,
leasing or otherwise transferring for a consideration to members of
the public any new or used firearm, as well as any firearm ammunition
or any firearm munition component.
"Person"
shall mean a natural person, association, partnership, firm
or corporation or combination thereof.
(Prior code § 6353(a); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995; Ord. 95-451 §§ 25 – 28, 1995)
1. License Form. Any license issued to operate as a gun dealer
shall be on a form approved by the city.
2. Application Form. Notwithstanding any other provision of
this chapter, every applicant for a gun dealer license shall fill
out the application form prescribed by the California State Attorney
General in addition to the city's application for a business license
pursuant to 5.08.040.
(Prior code § 6353(b); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995)
In addition to the applicant's compliance with all other requirements
of this title, a background check and recommendation pertaining to
the applicant will be referred to and conducted by the Los Angeles
County Sheriff's Department on behalf of the city. The applicant must
obtain a favorable background recommendation from the Los Angeles
County Sherriff's Department. In addition to compliance with all the
requirements of this title, the applicant, manager(s), and employee(s)
must meet the following criteria as applicable:
1. The
applicant, and any existing or prospective manager(s) and employee(s),
must be at least twenty-one years of age.
2. The
applicant, and any existing or prospective manager(s) and employee(s),
must be properly licensed as required by all applicable federal and
California laws.
3. The
applicant, and any existing or prospective manager(s) and employee(s),
must not have had a similar type of license previously revoked or
denied for good cause within the immediately preceding two years prior
to the license application.
4. The
applicant, and any existing or prospective manager(s) and employee(s),
must not have been convicted of:
(a) Any offense so as to disqualify the applicant, manager or employee
from owning or possessing a firearm under applicable federal and California
laws;
(b) Any offense relating to the manufacturing, sale, possession, use
or registration of any firearm or other dangerous or deadly weapon;
(c) Any offense involving the 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
any drug or controlled substance itemized on any schedule pertaining
to drugs and other controlled substances of the California Health
and Safety Code.
5. The
applicant, and any existing or prospective manager(s) and employee(s),
must not have been adjudicated to be mentally incompetent, or have
been committed to a mental institution.
6. The
applicant must demonstrate that, on or after May 4, 1994, there is
a need for an additional firearm dealer to be located within the city,
and that:
(a) The location for which the license is sought is not located within
one thousand feet of a public or private day care center or school,
or a public park.
(b) The location for which the license is sought is not located within
one thousand feet from any other premises operated by a gun dealer
licensee.
7. The
applicant must provide a copy of each of the following:
(a) Valid federal firearms license;
(b) Valid seller's permit issued by the state Board of Equalization;
and
(c) Valid certificate of eligibility issued by the Department of Justice.
8. Existing
or prospective manager(s) and employee(s) shall hold and maintain
a valid certificate of eligibility from the Department of Justice
as a condition of their employment and submit an "Employee Certificate
of Eligibility Report of Employment" form (BOF 117) to the Department
of Justice upon employment.
9. Upon
renewal of the business license, the applicant shall provide to the
city copies of valid certificates of eligibility for all manager(s)
and employee(s).
(Prior code § 6353(c); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995; Ord. 95-451 § 25, 1995; Ord. 16-990 § 1, 2016; Ord. 17-1019 § 11, 2018)
Any and all licenses granted pursuant to this chapter are subject
to the following conditions, in addition to any conditions imposed
by the Commission, breach of any of which subjects the license to
revocation:
1. The
business activity shall be carried on only in the building designated
in the license, which shall be located in a properly zoned commercial
district, unless the gun dealer qualifies as a home occupation under
federal and state law and is in full compliance with the home occupation
provisions contained in the Zoning Ordinance. In no event shall a
licensee, operating as a home occupation, store or maintain firearms,
ammunition, or any firearms ammunition component within the residential
dwelling in which the business is being conducted. Notwithstanding
any other provision of this title, a license under this chapter shall
be required for gun dealers operating as a home occupation.
2. If
the applicant is not the owner of record of the building within which,
and the real property upon which, the gun dealer business is to be
located and conducted, then he or she shall obtain prior written consent
from the owner of record of such building and real property to operate
a gun dealer business, and such written consent from the owner of
record shall be attached to the city's business license application.
3. All
federal, California and city-issued licenses, permits or copies thereof,
certified by the issuing authority, shall be posted in a conspicuous
manner on the premises in which the business is being conducted.
4. No
firearm, firearm ammunition or reproduction of either advertising
the sale, lease or transfer, for a consideration of either, shall
be displayed in any part of the premises where it can readily be seen
from the outside.
5. The
licensee shall maintain on the licensed premises accurate records
of all firearm and ammunition sales, as well as a complete inventory
of all firearms in stock, by classification and serial number, for
a period of not less than three years.
(a) The records required by this subsection (5) pertaining to the recordation
of firearm and ammunition sales shall indicate:
(1) The date that the purchaser purchased the firearm(s) and/or ammunition;
(2) The purchaser's name, address and date of birth;
(3) The purchaser's driver's license number or other identification number
and state where issued;
(4) The make, brand, model and/or type of firearm(s) purchased;
(5) The brand of ammunition purchased;
(6) The type and amount of ammunition purchased;
(7) The purchaser's thumbprint, from both the right hand and left hand;
and
(8) The purchaser's signature.
(b) This information required by this subsection (5) shall be recorded
at the time of purchase and shall be maintained in a log book in a
form substantially as follows:
Ammunition/Firearm Sales Records Log
Store: ___________
|
Date
|
Name
|
Address
|
Date of Birth
|
Driver's License/ID No. and State
|
Firearm Make/Brand/Model/Type
|
Ammunition Brand and Amount Purchased
|
Purchaser's Signature
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(c) The licensee's firearm and ammunition sales records and firearm and
ammunition inventory records shall be open to inspection at the request
of the city or the Los Angeles County Sheriff's Department.
(d) The licensee shall also provide the city with an annual report of
the gross revenue received during the previous year itemized by the
quantity and classification of firearms and ammunition sold on a form
provided by the city signed under penalty of perjury.
6. The
licensee shall comply with any city continuing education requirement
relating to firearms as the city may from time to time impose.
7. The
licensee shall provide all firearm purchasers comprehensive instructions,
prepared by the licensee and approved by the city, pertaining to the
use, maintenance, storage and safety precautions relating to the firearm
purchased.
8. The
licensee shall comply with all security measures imposed by the license
issued pursuant to this chapter upon recommendation of the Los Angeles
County Sheriff, including, but not limited to, locks, lighting, alarms,
storage and access to firearms.
9. The licensee shall comply with Section
9.04.210 of the West Hollywood Municipal Code as well as all applicable sections of the California
Penal Code, including, but not limited to, Sections 16130, 16150, 16300, 16400, 16550, 16810, 17110, 26700-26915, 27500-27590, 28100, 28150-28180, 28200-28250, 30300, 30305, and 30310.
10. The
licensee shall conduct a criminal background check on any existing
or prospective manager(s) or employee(s).
11. The
licensee shall post conspicuously within the licensed premises in
an area where guns and ammunition are sold the following warning in
block letters not less than one inch in height:
WARNING: THE CITY OF WEST HOLLYWOOD HAS DETERMINED THAT GUNS
IN THE HOME ARE MUCH MORE LIKELY TO BE USED TO KILL OR INJURE A HOUSEHOLD
MEMBER THAN TO PROTECT AGAINST AN ATTACKER. IT IS SAFEST NOT TO KEEP
A GUN IN THE HOME. IF A GUN IS KEPT IN THE HOME, IT SHOULD BE KEPT
UNLOADED AND SECURELY LOCKED AND AMMUNITION SHOULD BE LOCKED SEPARATELY.
12. The licensee shall also provide all firearm purchasers with a bill of sale for the purchase of a firearm which includes the warning language required in subsection
(11) of this section. The warning shall be conspicuously placed on the bill of sale in block letters.
(Prior code § 6353(d); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995; Ord. 95-451 §§ 26 – 28, 1995; Ord. 98-523 §§ 2, 3, 4,
1998; Ord. 02-634 § 1,
2002; Ord. 07-745 § 1,
2007; Ord. 16-990 § 1,
2016)
All licenses issued pursuant to this chapter shall expire one year after the date of issuance; provided, however, that a license may be renewed pursuant to Section
5.08.130 for additional one-year periods upon approval of an application for renewal that complies with all provisions of the Business License Ordinance.
(Prior code § 6353(e); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995)
The assignment of or attempt to assign any license issued pursuant
to this chapter is unlawful and any such assignment or attempt to
assign a license shall render the license null and void.
(Prior code § 6353(f); Ord. 90-269 § 1, 1990; Ord. 94-403 § 2, 1994; Ord. 95-434 § 1, 1995)