It is the purpose and intent of this chapter to establish a
local program for the license and regulation of the sale, lease, or
transfer of firearms or ammunition in a manner that protects the public
health and safety. The provisions of this chapter are not intended
to contradict or duplicate any applicable State or Federal law. In
the event of a conflict between the provisions of this chapter and
the provisions of State, Federal, or local laws, the more restrictive
provision shall control unless preempted by State or Federal laws.
(Ord. 2023-1233, 8/16/2023)
For the purpose of this chapter, unless the context clearly
requires a different meaning, the following words, terms and phrases
have the meanings given to them in this section:
means ammunition or cartridge cases, primers, bullets, or
propellant powder designed for use in any firearm, and any component
thereof, but shall not include blank cartridges or ammunition that
can be used solely in an "antique firearm" as that term is defined
in 18 U.S.C. Section 921(a)(16).
means the person or authorized agent of an entity who intends
to sell, lease or transfer firearms or ammunition and applies for
a Retail Firearm-Ammunition permit, or the renewal of such a permit.
means to conduct a business by the selling, leasing or transferring
of any firearm or ammunition, or to hold one's self out as engaged
in the business of selling, leasing or otherwise transferring any
firearm or ammunition, or to sell, lease or transfer firearms or ammunition
in quantity, in series, or in individual transactions, or in any other
manner indicative of trade.
means 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 explosion or other means of combustion;
provided, that the term "firearm" shall not include an "antique firearm"
as defined in 18 U.S.C. Section 921(a)(16).
means any person, corporation, partnership or other entity
engaged in the business of selling, leasing, or otherwise transferring
any firearm or ammunition, which person or entity has obtained a Retail
Firearm-Ammunition permit to sell, lease or transfer firearms or ammunition.
means 50% or more of the retail space within the store is
used for the sale of firearms or ammunition.
means the San Diego County Sheriff or the Sheriff's designated
representative.
(Ord. 2023-1233, 8/16/2023)
It is unlawful for any person, corporation, partnership or other entity to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition within the City without a Retail Firearm-Ammunition permit, as required by this chapter, and a valid business license as required by Chapter 4.04.
(Ord. 2023-1233, 8/16/2023)
An applicant for a permit or renewal of a permit under this
chapter shall file with the Community Development Department an application
in writing, signed under penalty of perjury, on a form prescribed
by the City. The applicant shall provide all relevant information
requested to demonstrate compliance with this chapter, including:
A.
The applicant's name, including any aliases or prior names, age and
address;
B.
The applicant's Federal firearms license and California firearms
dealer numbers, if any;
C.
A photocopy of the applicant's driver's license, passport, or other
government- issued identification card bearing a photograph of the
applicant;
D.
The address of the proposed location for which the permit is sought,
together with the business name, and the name of any corporation,
partnership or other entity that has any ownership in, or control
over, the business;
E.
The names, ages and addresses of all persons who will have access
to or control of workplace firearms or ammunition, including, but
not limited to, the applicant's employees, agents and/or supervisors,
if any;
F.
A certificate of eligibility from the California Department of Justice under Penal Code Section 26710 for the applicant and for each individual identified in subsection E of this section demonstrating that the person is not prohibited by State or Federal law from possessing firearms or ammunition;
G.
Proof of a possessory interest in the property at which the proposed
business will be conducted, as owner, lessee or other legal occupant,
and, if the applicant is not the owner of record of the real property
upon which the applicant's business is to be located and conducted,
the written consent of the owner of record of such real property to
the applicant's proposed business;
H.
A floor plan of the proposed business which illustrates the applicant's compliance with the security provisions outlined in Section 4.58.080;
I.
Proof of compliance with all applicable Federal, State and local
licensing and other business laws;
J.
Information relating to every retail license or permit to sell, lease, transfer, purchase or possess firearms or ammunition which was sought by the applicant, or by any individual identified in subsection E of this section, from any jurisdiction in the United States, including, but not limited to, the date of each application and whether it resulted in the issuance of a license, and the date and circumstances of any revocation or suspension;
K.
The applicant's agreement to indemnify, defend and hold harmless
the City, its officers, elected officials, agents and employees from
and against all claims, losses, costs, damages and liabilities of
any 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: (1) the applicant; (2) the applicant's officers,
employees, agents and/or supervisors; or (3) if the business is a
corporation, partnership or other entity, the officers, directors
or partners;
L.
Certification of satisfaction of insurance requirements, for applicants
applying for a permit to sell firearms; and
M.
The date, location and nature of all criminal convictions of the
applicant, if any, in any jurisdiction in the United States.
(Ord. 2023-1233, 8/16/2023)
Each application for a Retail Firearm-Ammunition permit shall
be accompanied by a nonrefundable fee for administering this chapter
as established by resolution of the City Council in the City's master
fee schedule.
(Ord. 2023-1233, 8/16/2023)
A.
The City shall evaluate the applicant and the applicant's employees,
agents, and/or supervisors, if any, are authorized by applicable Federal
and/or State agencies (i.e. ATF and/or DOJ) to determine whether the
Retail Firearm-Ammunition permit may be issued or renewed.
B.
Prior to engaging in the business of selling, leasing, or otherwise
transferring any firearm or ammunition, the applicant must first submit
directly to the City:
1.
A complete set of the applicant's fingerprints and a signed authorization
for release of records pertinent to the investigation;
2.
The names, ages and addresses of all individuals identified in Section 4.58.040(E); and
3.
A complete set of fingerprints and a signed authorization for release of records pertinent to the investigation for each individual identified in Section 4.58.040(E).
C.
Prior to issuance or renewal of the permit, the City shall inspect
the premises to ensure compliance with this chapter.
D.
The City may grant or renew a Retail Firearm-Ammunition permit if
the applicant or permittee is in compliance with this chapter and
all other applicable Federal, State and local laws.
(Ord. 2023-1233, 8/16/2023)
A.
The City shall deny the issuance or renewal of a Retail Firearm-Ammunition
permit, or shall revoke an existing permit, if the operation of the
business would not or does not comply with Federal, State or local
law, or if any of the following conditions exist:
1.
The applicant, or any individual identified in Section 4.58.040(E) who may have authorized access to firearms and/or ammunitions, is under 21 years of age;
2.
The applicant is not licensed as a dealer in firearms under all applicable
Federal, State and local laws;
3.
The applicant has failed to fully comply with the application requirements,
such as by refusing or failing to provide all of the requested information
or refusing to agree to indemnify, defend, and hold harmless the City
of Imperial Beach, its elected and appointed officials, officers,
and employees, against claims arising from operation of the business;
4.
The proposed business/operation is located in any zone other than
the C/MU-1 zone;
5.
The proposed business/operation is located within:
• 500-feet of any school (K-12 grades);
• 500-feet of any other firearm or ammunition retail sale
use; or
• 100-feet of any park or playground where children assemble.
6.
The applicant has made a false or misleading statement of a material
fact or omission of a material fact in the application for a Retail
Firearm-Ammunition permit, or in any other documents submitted to
the Sheriff pursuant to this chapter. If a permit is denied on this
ground, the applicant is prohibited from reapplying for a permit for
a period of five years;
7.
The applicant, or any individual identified in Section 4.58.040(E), has had a license or permit to sell, lease, transfer, purchase or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five years;
8.
The applicant, or any individual identified in Section 4.58.040(E), has been convicted of:
a.
An offense which disqualifies that person from owning or possessing
a firearm under Federal or California law, including, but not limited
to, the offenses listed in Penal Code Sections 29800-29875 and 29900-29905;
b.
An offense relating to the manufacture, sale, possession or
use of a firearm or dangerous or deadly weapon or ammunition therefor;
c.
An offense involving the use of force or violence upon the person
of another;
d.
An offense involving theft, fraud, dishonesty or deceit; or
e.
An offense involving the manufacture, sale, possession or use
of a controlled substance as defined by the State Health and Safety
Code;
9.
The applicant is within a class of persons defined in Welfare and
Institutions Code Sections 8100 or 8103; or
10.
The applicant is currently, or has been within the past five
years, an unlawful user of or addicted to a controlled substance as
defined by the California Health and Safety Code.
B.
The Retail Firearm-Ammunition permit of any person or entity found
to be in violation of any of the provisions of this chapter may be
revoked.
(Ord. 2023-1233, 8/16/2023)
A.
If the proposed or current business location is to be used at least
in part for the sale of firearms, the permitted place of business
shall be a secure facility within the meaning of Penal Code Section
17110.
B.
If the proposed or current business location is to be used at least
in part for the sale of firearms, all heating, ventilating, air-conditioning,
and service openings shall be secured to meet all applicable State
and Federal standards. If bars or metal gratings go on windows or
doors, the bars or metal grating shall be located on the inside of
the premises.
C.
Any time a permittee is not open for business, every firearm shall
be stored in a locked fireproof safe or vault in the licensee's business
premises that meets the standards for a gun safe implemented by the
Attorney General pursuant to Penal Code Section 23650.
D.
Any time a permittee is open for business, every firearm shall be
unloaded, inaccessible to the public and secured using one of the
following three methods, except in the immediate presence of and under
the direct supervision of an employee of the permittee:
1.
Secured within a locked case so that a customer seeking access to
the firearm must ask an employee of the permittee for assistance;
2.
Secured behind a counter where only the permittee and the permittee's
employees are allowed. During the absence of the permittee or a permittee's
employee from the counter, the counter shall be secured with a locked,
impenetrable barrier that extends from the floor or counter to the
ceiling; or
3.
Secured with a hardened steel rod or cable of at least one-fourth
inch in diameter through the trigger guard of the firearm. The steel
rod or cable shall be secured with a hardened steel lock that has
a shackle. The lock and shackle shall be protected or shielded from
the use of a bolt cutter and the rod or cable shall be anchored in
a manner that prevents the removal of the firearm from the premises.
No more than five firearms may be affixed to any one rod or cable
at any time.
E.
Any time a permittee is open for business, all ammunition shall be
stored so that it is inaccessible to the public and secured using
one of the methods mentioned in subsection (D)(1) or (2) of this section,
except in the immediate presence of and under the direct supervision
of an employee of the permittee.
F.
The permitted business location shall be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business and Professions Code Sections 7590 et seq., or monitored by the business and in compliance with Section 4.58.080. If the alarm system is monitored by a central station, the alarm system must be listed by Underwriters Laboratories, Inc. (i.e. UL Listed/Certified), and covered by an active Underwriters Laboratories, Inc. alarm system certificate with a No. 3 extent of protection.
G.
The permitted business location shall be monitored by a video surveillance
system that meets the following requirements:
1.
The system shall include cameras, monitors, digital video recorders
and cabling, if necessary;
2.
The interior and exterior of the permitted business location shall
be monitored. The number and location of the cameras are subject to
the approval of the Sheriff. At a minimum, the cameras shall be sufficient
in number and location to monitor the critical areas of the business
premises, including, but not limited to, all places where firearms
or ammunition are stored, handled, sold, transferred, or carried,
including, but not limited to, all counters, safes, vaults, cabinets,
cases, entryways, and parking lots. Interior cameras shall be capable
of recording the faces of the buyer and recipient of the firearm or
ammunition and of the person selling the firearm or ammunition;
3.
The video surveillance system shall operate continuously, without
interruption, whenever the permittee is open for business. Whenever
the permittee is not open for business, the system shall be triggered
by a motion detector and begin recording immediately upon detection
of any motion within the monitored area;
4.
In addition, the sale or transfer of a firearm or ammunition shall
be recorded by the video surveillance system in such a way that the
facial features of the purchaser or transferee are clearly visible;
5.
When recording, the video surveillance system shall record continuously
and store color images during daylight hours, and black and white
images during nighttime hours with clearly identifiable footage of
the monitored area at a frequency of not less than 15 frames per second.
The system must produce retrievable and identifiable images and video
recordings on media approved by the Sheriff that can be enlarged through
projection or other means and can be made a permanent record for use
in a criminal investigation. The system must be capable of delineating
on playback the activity and physical features of persons or areas
within the premises;
6.
The stored images shall be maintained on the business premises of
the permittee for a period not less than one year from the date of
recordation and shall be made available for inspection by Federal,
State or local law enforcement upon request; and
7.
The video surveillance system must be maintained in proper working
order at all times. If the system becomes inoperable, it must be repaired
or replaced within 14 calendar days. The permittee must inspect the
system at least weekly to ensure that it is operational and images
are being recorded and retained as required.
H.
Business operating hours shall be limited to 7:00 a.m. to 9:00 p.m.,
seven days a week.
I.
The applicant shall comply with all California laws regulating the
sales of firearms and ammunition, including, but not limited to, Penal
Code Sections 26815, 26885, 32000, 32310 and 30363.
J.
No outdoor display or sale of firearms or ammunition is allowed by
permittee.
K.
The permittee shall have a responder with intimate knowledge of on-site
inventory and the business operations who shall be available 24 hours
daily in the event there is an alarm activation and or a breach of
business security. The responder's information shall be routinely
updated with the security alarm monitoring company as a resource for
law enforcement if they have to respond to the location to investigate
an alarm activation or breach of physical security.
L.
If necessity warrants additional security measures, as determined
by the Sheriff, and in consultation with the business, the Sheriff/City
may impose reasonable security requirements in addition to those listed
in this section as result of a breach of security and/or safety to
the establishment. Failure to fully comply with the requirements of
this section shall be sufficient cause for denial or revocation of
the Retail Firearm-Ammunition permit by the City.
(Ord. 2023-1233, 8/16/2023)
A.
If the proposed or current business location is to be used for the
sale of firearms, no Retail Firearm-Ammunition permit shall be issued
or reissued unless there is in effect a policy of insurance in a form
approved by the City and executed by an insurance company approved
by the City, insuring the applicant against liability for damage to
property and for injury to or death of any person as a result of the
theft, sale, lease or transfer or offering for sale, lease or transfer
of a firearm or ammunition, or any other operations of the business.
The limits of liability shall not be less than $1,000,000.00 for each
incident of damage to property or incident of injury or death to a
person.
B.
The policy of insurance shall contain an endorsement providing that
the policy shall not be canceled until written notice has been given
to the City Manager at least 30 days prior to the time the cancellation
becomes effective.
C.
Upon expiration of the policy of insurance, and if no additional
insurance is obtained, the Retail Firearm-Ammunition permit is considered
revoked without further notice.
(Ord. 2023-1233, 8/16/2023)
A.
Where firearm sales activity is the primary business performed at
the business premises, no permittee or any of his or her agents, employees,
or other persons acting under the permittee's authority shall allow
the following persons to enter into or remain on the premises unless
accompanied by his or her parent or legal guardian:
1.
Any person under 21 years of age, if the permittee sells, keeps or
displays only firearms capable of being concealed on the person; provided,
that this provision shall not prevent a supervisory agent or employee
who has the authority to control activities on the business premises
from keeping a single firearm capable of being concealed on the person
on the business premises for purposes of lawful self-defense; or
2.
Any person under 18 years of age, if the permittee sells, keeps or
displays firearms other than firearms capable of being concealed on
the person.
B.
Where firearm sales activity is the primary business performed at the business premises, the permittee and any of his or her agents, employees, or other persons acting under the permittee's authority shall be responsible for requiring clear evidence of age and identity of persons to prevent the entry of persons not permitted to enter the premises pursuant to subsection A of this section by reason of age. Clear evidence of age and identity includes, but is not limited to, a motor vehicle operator's license, a State identification card, an armed forces identification card, or an employment identification card which contains the bearer's signature, photograph and age, or any similar documentation which provides reasonable assurance of the identity and age of the individual.
C.
Where firearm sales activity is the primary business performed at
the business premises, no permittee or any of his or her agents, employees,
or other persons acting under the permittee's authority shall allow
any person to enter into or remain on the premises who the permittee
or any of his or her agents, employees, or other persons acting under
the permittee's authority knows or has reason to know is prohibited
from possessing or purchasing firearms pursuant to Federal, State,
or local law.
(Ord. 2023-1233, 8/16/2023)
The Retail Firearm-Ammunition permit, or a certified copy of
it, shall be displayed in a prominent place on the business premises
where it can easily be seen by those entering the premises.
(Ord. 2023-1233, 8/16/2023)
A.
A Retail Firearm-Ammunition permit expires one year after the date
of issuance.
B.
A permit may be renewed for additional one-year periods if the permittee
submits a timely application for renewal, accompanied by a nonrefundable
renewal fee established by City Council resolution. Renewal of the
permit is contingent upon the permittee's compliance with the terms
and conditions of the original application and permit, as detailed
in this chapter. Sheriff's Department and/or City personnel shall
inspect the permitted business premises for compliance with this chapter
prior to renewal of the permit, unless specifically prohibited by
Federal or State law. The renewal application and the renewal fee
must be received by the Community Development Department no later
than 45 days before the expiration of the current permit.
(Ord. 2023-1233, 8/16/2023)
A Retail Firearm-Ammunition permit issued under this chapter
is not assignable. Any attempt to assign a Retail Firearm-Ammunition
permit shall result in revocation of the permit.
(Ord. 2023-1233, 8/16/2023)
A person engaged in the business of selling, leasing, or otherwise
transferring any firearm or ammunition on the effective date of this
chapter shall, within 90 days of the effective date, comply with this
chapter.
(Ord. 2023-1233, 8/16/2023)
Permittees shall have their places of business open for inspection
by Federal, State and local law enforcement and the City Manager or
designee during all hours of operation. The Sheriff and/or City Manager
or designee shall conduct periodic inspections of the permittee's
place of business without notice to assess the permittee's compliance
with this chapter. The inspections shall be of the parts of the permittee's
place of business that are used to store or sell firearms, ammunition,
records, and/or documents, and accessible to appropriate Federal,
State, and/or local law enforcement. The Sheriff and/or City Manager
or designee shall conduct no more than two inspections of a single
place of business during any six-month period, except that the Sheriff
and/or City Manager or designee may conduct follow-up inspections
that exceed two in a six-month period if they have good cause to believe
that a permittee is violating this chapter. Permittees shall maintain
all records, documents, firearms and ammunition in a manner and place
accessible for inspection by appropriate Federal, State and local
law enforcement.
(Ord. 2023-1233, 8/16/2023)
A.
A permittee shall comply with Penal Code Section 26835 and post all
signs required by that section and any other signage required by Federal
or State law. A permittee shall also post conspicuously the following
warnings in block letters not less than one inch in height:
1.
Within the licensed premises:
|
WITH FEW EXCEPTIONS, IT IS A CRIME TO SELL OR GIVE
A FIREARM TO SOMEONE WITHOUT COMPLETING A DEALER RECORD OF SALE FORM
AT A LICENSED FIREARMS DEALERSHIP;
|
2.
Within the licensed premises:
|
IF YOU ARE STRUGGLING EMOTIONALLY OR THINKING OF
SUICIDE, CALL 1-800-273-TALK (1-800- 273-8255). FREE AND CONFIDENTIAL;
and
|
3.
At each entrance to the licensed premises:
|
THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR
IMAGE MAY BE RECORDED.
|
B.
If a permittee sells, keeps or displays only firearms capable of
being concealed on the person, the permittee shall post conspicuously
at each entrance to the premises a sign stating:
|
FIREARMS ARE KEPT, DISPLAYED OR OFFERED ON THE PREMISES,
AND PERSONS UNDER THE AGE OF 21 ARE EXCLUDED UNLESS ACCOMPANIED BY
A PARENT OR LEGAL GUARDIAN.
|
C.
If a permittee sells, keeps or displays firearms other than firearms
capable of being concealed on the person, the permittee shall post
conspicuously at each entrance to the premises a sign stating:
|
FIREARMS ARE KEPT, DISPLAYED OR OFFERED ON THE PREMISES,
AND PERSONS UNDER THE AGE OF 18 ARE EXCLUDED UNLESS ACCOMPANIED BY
A PARENT OR LEGAL GUARDIAN.
|
D.
Where firearm sales activity is the primary business performed at
the business premises, the permittee shall post conspicuously at each
entrance to the premises a sign stating:
|
FIREARMS ARE KEPT, DISPLAYED OR OFFERED ON THE PREMISES,
AND PERSONS PROHIBITED FROM POSSESSING OR PURCHASING FIREARMS PURSUANT
TO FEDERAL, STATE, OR LOCAL LAW ARE EXCLUDED.
|
(Ord. 2023-1233, 8/16/2023)
A.
The City may revoke the permit of any permittee found to be in violation
of any of the provisions of this chapter.
B.
In addition to any other penalty or remedy, the City Attorney may
commence a civil action to seek enforcement of these provisions.
(Ord. 2023-1233, 8/16/2023)
In addition to any other penalty or remedy, the City shall report
any person or entity whose Retail Firearm-Ammunition permit is revoked
pursuant to this chapter to the Bureau of Firearms of the California
Department of Justice and the Bureau of Alcohol, Tobacco, Firearms
and Explosives within the U.S. Department of Justice.
(Ord. 2023-1233, 8/16/2023)
A.
Within 10 days of the City mailing a written denial of an application
or mailing a written revocation of a permit, the applicant may appeal
by requesting a hearing before the City Manager. The request must
be made in writing, setting forth specific grounds for appeal. If
the applicant submits a timely request for an appeal, the City Manager
shall, within 30 days of receipt of the request, set a time and place
for the hearing.
(Ord. 2023-1233, 8/16/2023)
If any section, subsection, sentence or clause of this chapter
is for any reason declared unconstitutional, invalid, or unenforceable
by any court of competent jurisdiction, such decision shall not affect
the constitutionality, validity, or enforceability of the remaining
portions of this chapter or any part thereof. The City Council hereby
declares that it would have adopted this chapter notwithstanding the
unconstitutionality, invalidity, or unenforceability of any one or
more of its sections, subsections, sentences or clauses.
(Ord. 2023-1233, 8/16/2023)
