It is the purpose and intent of this article to establish a local program for the license and regulation of the sale, lease, or transfer of firearms. The provisions of this chapter are not intended to contradict or duplicate any applicable state or federal law.
(Ord. 2564B § 1, 2019)
As used in this article the following words and phrases shall have the meanings given in this section:
To engage in the business of selling, leasing, or otherwise transferring any firearm
means to conduct a business by the selling, transferring, or leasing of any firearm; or to prepare to conduct such business as evidenced by the securing of applicable federal or State licenses; or to hold one's self out as engaged in the business of selling, transferring, or leasing any firearm; or the selling, transferring, or leasing of firearms or ammunition in quantity, in series, or in individual transactions, or in any other manner indicative of trade.
Firearm
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 an explosion or other form of combustion, provided that the term "firearm" shall not include an "antique firearm" as defined in section 921(a)(16) of Title 18 of the United States Code.
Firearms dealer
means a person engaged in the business of selling, leasing, or otherwise transferring any firearm.
Permit
means a license to sell, lease, or otherwise transfer firearms under this article.
Permittee
means a person engaged in the business of selling, leasing, or otherwise transferring any firearm, which person or entity has obtained a permit to sell, lease, or transfer firearms under this article.
Person
means any natural person, partnership, cooperative, association, partnership, firm, corporation, or other entity.
(Ord. 2564B § 1, 2019)
It is unlawful for any person, partnership, cooperative, corporation, firm, association, or other entity to engage in business of selling, leasing, or otherwise transferring any firearm without first obtaining a permit from the police chief.
(Ord. 2564B § 1, 2019)
An applicant for a permit under this article shall file with the police chief a sworn application in writing, on a form to be furnished by the city. The applicant shall provide all information requested to demonstrate compliance with this article, including proof of compliance with all applicable federal, State, and local licensing and other business laws when required by the police chief, or the application will not be deemed complete. The application shall be accompanied by a nonrefundable fee as set by resolution of the city council to cover the cost of administering and enforcing the requirements of this article.
(Ord. 2564B § 1, 2019)
The police chief shall conduct an investigation of the applicant and the applicant's employees and/or agents, if any, to determine, for the protection of the public health and safety, whether the permit should be issued. The police chief may require additional information of an applicant deemed necessary to complete the investigation. Prior to issuance or renewal of a permit, the police chief or their designee shall inspect the premises to ensure compliance with this article.
(Ord. 2564B § 1, 2019)
These provisions apply to any applicant, employee, or agent thereof that will engage in the business of selling, leasing, or otherwise transferring firearms. The police chief shall deny the issuance or renewal of a permit, and has the authority to revoke an existing permit, when any of the following conditions exist:
(a) 
The applicant, 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, employee, or agent thereof, has had a similar license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from any jurisdiction within the United States previously revoked or denied for good cause within the immediately preceding two years.
(d) 
The applicant, employee, or agent thereof, has made a false or misleading statement of a material fact or omission of a material fact on the application for a permit, or in any other documents submitted to the police chief pursuant to this article. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of five years.
(e) 
The applicant, employee, or agent thereof, has been convicted of:
(1) 
Any offense so as to disqualify the applicant, employee, or agent thereof, from owning or possessing a firearm or ammunition under applicable federal, state, and local laws, including, but not limited to, the offenses listed in Penal Code Sections 29800 to 29875 and 29900 to 29905;
(2) 
Any offense relating to the manufacture, sale, possession, use, or registration of any firearm, ammunition, 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, excepting cannabis alone, as defined by the California Health and Safety Code as said definition now reads or may hereafter be amended to read.
(f) 
The applicant, employee, or agent thereof, is within a class of persons defined in Welfare and Institutions Code Sections 8100 or 8103.
(g) 
The operation of the business as proposed will not comply with all applicable federal, state, or local laws.
(h) 
The applicant, 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.
(i) 
The applicant has failed to fully comply with the application requirements, such as refusing or failing to provide all of the requested information or refusing to agree to indemnify, defend, and hold harmless the City of Davis, its elected and appointed officials, officers, and employees, against claims arising from operation of the business.
(j) 
Any other ground for permit denial or revocation that exists as specified in this article.
(Ord. 2564B § 1, 2019)
In order to discourage the theft of firearms stored on the premises, any business permitted under this article must adhere to security regulations promulgated by the police chief pursuant to the authority provided by this article. Security measures shall include, but not be limited to:
(a) 
The provision of secure locks, windows and doors; fortification; storage lockers; bollards; adequate lighting; video surveillance; and alarm systems installed and maintained by an alarm company operator licensed pursuant to the Alarm Company Act, Business and Professions Code Sections 7590 et seq., with additional requirements as specified by the police chief;
(b) 
Storing of all firearms on the premises out of the reach of customers in secure, locked facilities or cases, so access to firearms shall be controlled by the permittee or his or her employees, to the exclusion of all others.
(Ord. 2564B § 1, 2019)
The permit issued pursuant to this article shall at all times be posted in a conspicuous place in the establishment for which it was issued and shall be immediately produced upon the request of any police or code enforcement officer of the city.
(Ord. 2564B § 1, 2019)
All permits issued pursuant to this article shall expire one year after the date of issuance; provided, however, that such permits may be renewed by the police chief for additional periods of one year upon the approval of an application for renewal by the police chief and payment of the nonrefundable renewal fee. Such renewal application must be received by the police chief, in completed form, no later than forty-five days prior to the expiration of the current permit. 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 article.
(Ord. 2564B § 1, 2019)
The assignment or attempt to assign any permit issued pursuant to this article is unlawful and any such assignment or attempt to assign a permit shall render the permit null and void.
(Ord. 2564B § 1, 2019)
Any permit issued pursuant to this article 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 police chief.
Any permit issued pursuant to this article shall also be subject to such additional conditions as the police chief finds are reasonably related to the purpose of this article.
(a) 
The business shall be carried on only in the building located at the street address shown on the permit.
(b) 
The permittee shall comply with all federal, state, and local laws relating to the sale of firearms.
(c) 
The permittee shall post conspicuously within the licensed premises the warnings required in Penal Code Section 26835 in block letters not less than one inch in height.
(d) 
Exclusion of persons under the age of eighteen. No permittee shall permit the entry into the premises of persons under the age of eighteen years, unless all firearms are completely and wholly kept, displayed or offered within a separate room, enclosure or curtained area to which persons under the age of eighteen years are excluded. Each entrance to such a room, enclosure or area shall be signposted in block letters not less than one inch in height stating that firearms are kept, displayed or offered in such room or enclosure and that persons under the age of eighteen are excluded. A permittee who maintains or operates any place of business that openly displays firearms without providing for separate enclosures must prevent entry into the premises of persons prohibited by age under state law from purchasing firearms. The entrance to the establishment shall be signposted in block letters not less than one inch in height stating that firearms are kept, displayed or offered on the premises and that persons under the age of eighteen are excluded.
The permittee and his or her agents, employees, and other persons acting under his or her authority shall be responsible for requiring clear evidence of identity to prevent the entry of persons not permitted to purchase a firearm under state law by reason of age. Clear evidence of identity means a government-issued document, including, but not limited to, a motor vehicle operator's license, a state identification card, an Armed Forces identification card, or similar documentation which contains the name, date of birth, description, and picture of the person and provides reasonable assurance of an individual's identity and age.
(e) 
Inventory reports. Within the first five business days of April and October of each year, or immediately upon order of the police chief, the permittee shall cause a physical inventory to be taken that includes a listing of each firearm held by the permittee by make, model, and serial number, together with a listing of each firearm the permittee has sold since the last inventory period. In addition, the inventory shall include a listing of each firearm lost or stolen that is required to be reported pursuant to California Penal Code Section 26885. Immediately upon completion of the inventory, the permittee shall forward a copy of the inventory to the Davis Police Department, by such means as specified by the police chief. With each copy of the inventory, the permittee shall include an affidavit signed by an authorized agent or employee on behalf of the permittee under penalty of perjury stating the signer personally confirmed the presence of the firearms reported on the inventory. The permittee shall maintain a copy of the inventory on the premises for a period of not less than five years from the date of the inventory and shall make the copy available for inspection by federal, state or local law enforcement or code enforcement upon request.
(f) 
Background investigation and verification. Employees, agents or supervisors of the applicant or permittee may not have access to or control over workplace firearms until those persons have undergone a law enforcement investigation and background verification process as required by the police chief. A new law enforcement investigation and background verification of such persons must be conducted each time the permittee renews their permit or applies for a new permit. The police chief shall deny the issuance or renewal of a permit, or shall revoke an existing permit, if the applicant or permittee allows any employee, agent or supervisor to have access to or control over workplace firearms prior to the completion of the law enforcement investigation and background verification of those persons, or if those persons have not undergone the law enforcement investigation and background verification process within the last three hundred sixty-five days.
(Ord. 2564B § 1, 2019)
(a) 
No permit shall be issued or continued pursuant to this article unless there is in full force and effect a policy of insurance in such form as the city deems proper, executed by an insurance company approved by the city whereby the applicant or permittee is insured against liability for damage to property and for injury to or death of any person as a result of the sale, transfer or lease, or advertising for sale, transfer, or lease, or offering or exposing for sale, transfer, or lease, any firearm. The minimum liability limits shall not be less than one million dollars for damage to or destruction of property in any one incident, and one million dollars for the death or injury to any one person; provided, however, that additional amounts may be required by the city, if deemed necessary. Such policy of insurance 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 Davis Police Chief, 2600 Fifth St. Davis, CA 95618, at least thirty days immediately prior to the time such cancellation becomes effective. Further, such policy of insurance shall name the city, its council, its officers, agents, and employees as additional insureds.
(b) 
No permit shall be issued or renewed pursuant to this article unless the applicant or permittee agrees to indemnify, defend and hold harmless the city, its council, its officers, 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 the applicant; the applicant's officers, employees, agents and/or supervisors; or, if the business is a corporation, partnership or other entity, the officers, directors or partners.
(Ord. 2564B § 1, 2019)
Permittees shall have their places of business open for inspection by federal, state, and local law enforcement during all hours of operation. The police department shall conduct periodic inspections of the permittee's place of business, without notice, to assess the permittee's compliance with this article. 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. The police department shall conduct no more than two inspections of a single place of business during any six-month period, except that the police department may conduct additional follow-up inspections if it has good cause to believe that a permittee is violating this article. Permittees shall maintain all records, documents, firearms, and ammunition in a manner and place accessible for inspection by federal, state, and local law enforcement.
(Ord. 2564B § 1, 2019)
Any person engaging in the business of selling, leasing, or otherwise transferring any firearm on the effective date of this article shall have a period of sixty days after such effective date to comply with the provisions of this article.
(Ord. 2564B § 1, 2019)
If a permittee violates any federal, state or local ordinance relating to the provisions and/or subject matter of this article, the police chief may immediately suspend the right of the dealer to sell firearms. If the violation results in a criminal charge filed in court by a federal, state, or county district attorney, such permit to sell firearms or ammunition may be suspended until the case is adjudicated in a court of law. If the permittee is convicted, such permit must be immediately revoked.
(Ord. 2564B § 1, 2019)
(a) 
Any person whose application for a permit under this article has been denied, or whose permit has been suspended or revoked pursuant to the provisions of this article, shall have the right to a hearing before the city manager or a designee.
(b) 
The police chief shall give the applicant or permittee written notice of the decision to deny the application or to suspend or revoke the permit, setting forth the ground or grounds for the decision and informing the applicant or permittee they have ten days from the date of receipt of the notice to file a written request for a hearing. Notice of the denial, suspension, or revocation shall be mailed to permittee or applicant the address on the application or permit.
(c) 
If the applicant or permittee files a timely hearing request, the city manager 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. After consideration of the testimony and evidence submitted at the hearing, the city manager shall issue a written decision. The decision of the city manager whether to deny the application or suspend or revoke the permit is final and not appealable.
(Ord. 2564B § 1, 2019)
(a) 
Any person violating any provision of this article is guilty of an infraction for each of the first two violations within a six-month period, and upon conviction thereof, shall be punished by a fine not to exceed the fine prescribed in accordance with the provisions of California Government Code Section 36900(b), or successor legislation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Any repetition or continuation of any violation, reasonably capable of immediate correction after receipt of written or verbal notice shall constitute a separate offense and shall be punished as such.
(b) 
Any person violating or permitting violation of any provision of this article for the third time within a six-month period is guilty of a misdemeanor, and shall be punished by a fine, or by imprisonment in the County Jail, or by both such fine and imprisonment, not to exceed the maximum fine and/or imprisonment established in California Government Code Section 36901, or successor legislation.
(c) 
Any person violating any of the provisions of this article may also be subject to a civil action and/or administrative penalties pursuant to Davis Municipal Code Chapter 1, Article 1.02. In addition to any other penalty or remedy, the police chief shall report any person or entity whose law enforcement permit is suspended or revoked pursuant to this article 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.
(d) 
As an additional remedy, the violation of any provision of this article shall be deemed and is declared to be a public nuisance and may be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
(Ord. 2564B § 1, 2019)
The provisions of this article are declared to be separate and severable. The invalidity of any clause, phrase, sentence, paragraph, subdivision, section or portion of this article, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this article, or the validity of its application to other persons or circumstances.
(Ord. 2564B § 1, 2019)