No person shall engage in the business of selling, transferring
or leasing, or offering or exposing for sale, transfer or lease within
this city any firearm unless that person has been issued a permit
pursuant to the provisions of this chapter.
A.
Except as provided in Penal Code Section 26700, as it may be amended from time to time, and in Section 6.08.180, it is unlawful for a person to engage in the activity of "firearm sales" as that term is defined under Section 6.08.010(E) without a police permit as required by this chapter.
B.
The
requirement for a police permit is in addition to any requirement
imposed by the city's zoning code.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
A.
An applicant
for a permit under this chapter shall file with the chief of police
a sworn application in writing, on a form to be furnished by the city,
and the applicant and officers, employees, and agents thereof shall
be photographed and fingerprinted by the chief of police. 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.
A nonrefundable fee as set forth in the municipal fee schedule shall
accompany the application.
B.
Any
person proposing to engage in business as a firearms dealer within
this city shall secure the applicable federal license and shall have
thirty calendar days after approval of such federal license to apply
for a police permit in compliance with the provision of this chapter
and shall not engage in the business as a firearms dealer within the
city until the police permit is issued, as well as comply with all
other applicable local, state, and federal requirements.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
The chief of police shall conduct an appropriate investigation
of the applicant to determine for the protection of the public safety
whether the permit may be issued. The chief of police may require
an applicant, or any officer, agent, or employee thereof, to provide
fingerprints, a recent photograph, a signed authorization for the
release of pertinent records, a complete personal history set forth
on a questionnaire provided by the chief of police, and any other
additional information which the chief of police considers necessary
to complete the investigation.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
The chief of police shall issue a police permit to an applicant
unless he or she finds any of the following:
A.
The
applicant, or an officer, employee, or agent thereof is under the
age of twenty-one 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 of permit previously revoked or denied for good cause within
the immediately preceding year;
D.
The
applicant, or an officer, employee, or agent thereof has knowingly
made any 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 manufacture, 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 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 and 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
and Safety Code as said definition now reads or may hereafter be amended
to read;
G.
The
operation of the business as proposed will not comply with all applicable
federal, state, and local laws;
H.
The
business as proposed will not be operated in the following locations:
1.
Following
adoption of applicable zoning code and general plan amendments, within
a zoning district other than the designated area of the M-1 Industrial
District as shown on the city's zoning map bounded by Tanforan Avenue
to the north, Montgomery Avenue to the west, Hermosa Street to the
south, and San Mateo Avenue to the east,
2.
Within
a zoning district in which residential use is the principal permitted
or maintained use, or within two hundred fifty feet of the exterior
limits of any such district, or within two hundred fifty feet of any
existing residential use,
3.
On
or within two hundred fifty feet of the exterior limits of any other
premises occupied by a public or private day care center or day care
home, elementary school, junior high school, or high school, or park,
4.
On
or within one thousand two hundred feet of the exterior limits of
any other premises occupied by a firearms dealer, a cardroom, a massage
establishment, an adult entertainment establishment, or a hot tub/sauna
establishment. Priority between such existing establishments shall
be assigned in accordance with the dates upon which such establishments
commenced such lawful operation, priority being given to the establishment
having the earliest of such dates. In the event any dispute arises
regarding said date, the applicant shall have the obligation to establish
the date on which he or she commenced lawful operation.
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All distances referred to in this subsection shall be measured
between the closest points on the exterior property lines or area
boundaries of the parcels or areas involved, except that when a dealer
in firearms subject to the provisions of this chapter occupies one
unit of a multi-unit structure located on a single parcel, distances
shall be measured from the exterior boundaries of the unit occupied.
This subsection shall supersede any and all conflicting provisions
regulating home occupations set out elsewhere in this code;
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I.
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;
J.
The
operation of the firearm dealer business as proposed in the application
for the permit will violate any applicable building, fire, health
or zoning requirements set forth in this code;
K.
The
applicant is within the class of persons defined in Welfare and Institutions
Code Section 8100 or 8103;
L.
Hours
of operation would be outside of those approved in advance by the
chief of police.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
All permits issued pursuant to this chapter shall be in the
form prescribed by the Attorney General of the state of California.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
A.
The
police department may grant a police permit to the applicant if it
finds that the applicant complies with all applicable federal, state
and local laws including, but not limited to, the State Penal Code,
city building code, fire code, and zoning code.
B.
A police
permit expires one year after the date of issuance. A permit may be
renewed for additional one-year periods upon the permittee's submission
of an application for renewal on a form furnished by the city, accompanied
by a nonrefundable renewal fee established by city council resolution.
The renewal application and the renewal fee must be received by the
police department no later than forty-five days before the expiration
of the current permit.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
The assignment or attempt to assign any permit issued pursuant
to this chapter to another person or entity is unlawful and any such
assignment or attempt to assign a permit shall render the permit null
and void.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
Any permits issued pursuant to this chapter shall be subject
to all of the following conditions, the breach of any of which shall
be sufficient cause for revocation of the permit by the chief of police:
A.
The
business shall be engaged-in only in the building located at the street
address designated in the permit, and only by such persons as specified
in the permit; the business may also be engaged-in at such other locations
or events as are authorized by federal and state law provided that
such location or event conforms to the requirements of this code;
any changes to the approved location or to the persons authorized
to act as officers, employees, or agents of the permittee in engaging
in the business during the term of the permit must be approved by
the chief of police;
B.
The
permit or a copy thereof, certified by the chief of police, shall
be displayed on the premises where it can easily be seen;
C.
The
permittee shall comply with all federal and state firearms laws. Any
permit issued pursuant to this chapter shall be subject to such additional
conditions as the chief of police finds are reasonably related to
the purposes of this chapter, which include, but are not limited to,
the safety and security of the occupants of the establishment, its
patrons, and the public.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
In addition to the violation of any other provisions contained
in this chapter, circumstances constituting grounds for denial of
a police permit also constitute grounds for revocation.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
A.
No police
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, whereby the applicant is insured against
liability for damage to property and for injury to or death of any
person as a result of the sale, lease, or transfer or offering for
sale, lease, or transfer of a firearm. The minimum liability limits
shall not be less than one million dollars 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 notice in writing has been given
to the chief of police at least thirty days prior to the time the
cancellation becomes effective.
C.
Such
policy of insurance shall name the city, its officers, agents, and
employees as additional insureds. Additionally, applicants and permittee
shall indemnify, defend, and hold harmless the city, its officers,
agents, and employees from claims arising from the negligence of the
applicant or permittee.
D.
Upon
expiration of a policy of insurance and if no additional insurance
is obtained, the permit is considered canceled without further notice.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
A.
Any
person whose application for a permit has been denied, or whose permit
has been revoked pursuant to the provision of this chapter, shall
have the right to a hearing before the chief of police prior to final
denial or prior to revocation.
B.
The
chief of police shall give the applicant or permittee written notice
of his or her 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 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-day period.
C.
Within
ten days of mailing written notice of intent to deny the application
or revoke the permit, the applicant may appeal by requesting a hearing
before the chief of police. The request must be made in writing, setting
forth the specific grounds for appeal. If the applicant submits a
timely request for an appeal, the chief of police shall set a time
and place for the hearing within thirty days.
D.
All parties involved shall have the right to offer testimony, 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 shall be in writing within ten days of the hearing. An applicant may appeal the decision of the chief of police to the city council in the manner provided in Chapter 1.32.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
Any and all investigating officials of the city shall have the
right to enter the building designated in the permit from time to
time during regular business hours to make reasonable inspections
to observe and enforce compliance with building, mechanical, fire,
electrical, plumbing, or health regulations, or provisions of this
chapter. A police investigator may conduct compliance inspections
to ensure conformance with all federal, state, and local laws, and
the provisions of this chapter.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
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 the ordinance codified in this chapter shall have a period
of sixty days after such effective date to comply with the provisions
of this chapter.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
A.
All
firearm dealers and officers, employees, or agents of the firearm
dealer shall comply with all provisions of California Penal Code Section
12071 regarding business regulations and building specifications for
firearm security.
B.
All
sellers of firearms shall protect such firearms from theft during
business hours in the following manner:
1.
All
firearms shall be displayed in locked cabinets, a 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
firearm dealer or the dealer's agent or employee shall be present
when a prospective buyer or seller is handling any firearm prior to
sale and delivery of the firearm.
3.
By
security cameras, reinforced windows and doors, a safety and security
plan, or other measures as reasonably required by the chief of police
and fire marshal, including, but not limited to, timed exterior lights,
landscaping will not block visibility into the business, alarm system,
and remote intercom entry.
C.
All
firearms shall be stored in an approved gun safe (or a gun safe room
if necessary) during hours of business non-operation.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
Notwithstanding the provisions of Section 6.08.040(A) and the effective date of the ordinance codified in this chapter, any person engaged in firearm sales who is the holder of a valid seller's permit issued by the State Board of Equalization and a valid certificate of eligibility issued by the California Department of Justice, all of which were issued prior to January 1, 1998, need not obtain the police permit required by this chapter, provided the operator remains fully licensed by all agencies listed above.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
Any person violating any of the provisions of this article shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this article shall be punished by a fine of not more than one thousand dollars or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this article is committed, continued or permitted by such person and shall be punished accordingly. In addition, any person found to be in violation of this article shall be considered in noncompliance with the requirements of this chapter, and subject to the suspension and/or revocation of a firearm sales permit under Sections 6.08.070 and 6.08.120 of this chapter.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
This chapter shall be enforced to the full extent of the authority
of the city of San Bruno. If any section, subsection, paragraph, sentence
or word of this chapter is deemed to be invalid or beyond the authority
of the city of San Bruno, either on its face or as applied, the invalidity
of such provision shall not affect the other sections, subsections,
paragraphs, sentences, or words of this chapter, and the applications
thereof; and to that end, the section, subsections, paragraphs, sentences,
and words of this chapter shall be deemed severable.
(Ord. 1811 § 2, 2013; Ord. 1897 § 3, 2021)
