(a) 
"Ammunition"
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 Section 921(a)(16) of Title 18 of the United States Code.
(b) 
"Applicant"
means any person who applies for a law enforcement permit, or the renewal of such a permit, to sell, lease or transfer firearms or ammunition.
(c) 
"Chief of Police"
means the Chief of Police of the City of Emeryville or the Chief's designated representative.
(d) 
To "engage in the business of selling, leasing, or otherwise transferring any firearm" means to conduct a business by the selling, leasing or transferring of any firearm, or to hold one's self out as engaged in the business of selling, leasing or otherwise transferring any firearm, or to sell, lease or transfer firearms in quantity, in series, or in individual transactions, or in any other manner indicative of trade.
(e) 
"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 explosion or other means 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.
(f) 
"Permittee"
means any person, corporation, partnership or other entity engaged in the business of selling, leasing, or otherwise transferring any firearm, which person or entity has obtained a law enforcement permit to sell, lease or transfer firearms.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
It is unlawful for any person, corporation, partnership or other entity to engage in the business of selling, leasing, or otherwise transferring any firearm within the City of Emeryville without a law enforcement permit, as required by this article.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(a) 
An applicant for a permit or renewal of a permit under this article shall file with the Chief of Police 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 article, including:
(1) 
The applicant's name, including any aliases or prior names, age and address;
(2) 
The applicant's Federal firearms license and California firearms dealer numbers, if any;
(3) 
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;
(4) 
The names, ages and addresses of all persons who will have access to or control of workplace firearms, including, but not limited to, the applicant's employees, agents and/or supervisors, if any;
(5) 
A certificate of eligibility from the State Department of Justice under Penal Code Section 12071 for each individual identified in subsection (a)(4) of this section demonstrating that the person is not prohibited by State or Federal law from possessing firearms;
(6) 
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;
(7) 
A floor plan of the proposed business which illustrates the applicant's compliance with security provisions, as outlined in Section 5-30.1.6;
(8) 
Proof of compliance with all applicable Federal, State and local licensing and other business laws;
(9) 
Information relating to every license or permit to sell, lease, transfer, purchase, or possess firearms which was sought by the applicant 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;
(10) 
The applicant's agreement to indemnify, defend and hold harmless the City, 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 attorney's fees, arising in any manner out of the negligence or intentional or willful misconduct of:
(i) 
The applicant;
(ii) 
The applicant's officers, employees, agents and/or supervisors; or
(iii) 
If the business is a corporation, partnership or other entity, the officers, directors or partners;
(11) 
Certification of satisfaction of insurance requirements, for applicants applying for a permit to sell firearms;
(12) 
The date, location and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States.
(b) 
The application shall be accompanied by a nonrefundable fee for administering this article as established by City Council resolution.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(a) 
The Chief of Police shall conduct an investigation to determine, for the protection of the public health and safety, whether the law enforcement permit may be issued or renewed. The Chief of Police shall require the following individuals to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, and any additional information which the Chief of Police considers necessary to complete the investigation:
(1) 
The applicant;
(2) 
All persons who will have access to or control of workplace firearms, including but not limited to the applicant's employees, agents and/or supervisors, if any.
(b) 
Prior to issuance or renewal of the permit, the Chief of Police shall inspect the premises to ensure compliance with this article.
(c) 
The Chief of Police may grant or renew a law enforcement permit if the applicant or permittee is in compliance with this article and all other applicable Federal, State and local laws.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(a) 
The Chief of Police shall deny the issuance or renewal of a law enforcement 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 the applicant or permittee:
(1) 
Is under twenty-one (21) years of age;
(2) 
Is not licensed as a dealer in firearms under all applicable Federal, State and local laws;
(3) 
Has made a false or misleading statement of a material fact or omission of a material fact in the application for a law enforcement permit, or in any other documents submitted to the Chief of Police 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 (5) years;
(4) 
Has had a license or permit to sell, lease, transfer, purchase or possess firearms from any jurisdiction in the United States revoked, suspended or denied for good cause within the immediately preceding five (5) years;
(5) 
Has been convicted of:
(i) 
An offense which disqualifies that person from owning or possessing a firearm under Federal, State or local law, including, but not limited to, the offenses listed in Penal Code Sections 12021 and 12021.1;
(ii) 
An offense relating to the manufacture, sale, possession or use of a firearm or dangerous or deadly weapon or ammunition therefor;
(iii) 
An offense involving the use of force or violence upon the person of another;
(iv) 
An offense involving theft, fraud, dishonesty or deceit;
(v) 
An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the State Health and Safety Code;
(6) 
Is within a class of persons defined in Welfare and Institutions Code Section 8100 or 8103; or
(7) 
Is currently, or has been within the past five (5) years, an unlawful user of or addicted to a controlled substance as defined by the Health and Safety Code.
(b) 
Employees, agents or supervisors of the applicant or permittee may not have access to or control over workplace firearms until the Chief of Police has conducted an investigation pursuant to Section 5-30.1.4(a)(2), and verified that none of the conditions listed in subsection (a)(1), (4), (5), (6) or (7) of this section exist, as applied to those employees, agents or supervisors. A new law enforcement investigation and background verification of such persons must be conducted each time the permittee renews his or her permit, or applies for a new permit. Except as provided in subsection (c) of this section, the Chief of Police shall deny the issuance or renewal of a law enforcement 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 (365) days.
(c) 
Where an applicant is applying for a law enforcement permit to sell, lease or transfer firearms within the first ninety (90) days of the effective date of the ordinance codified in this article, and where the applicant has a preexisting firearms dealer business which complies with all applicable Federal, State and local laws:
(1) 
The applicant's current employees, agents or supervisors may continue to have access to or control over workplace firearms pending the completion of the Chief of Police's investigation and background verification.
(2) 
Where one (1) or more of the applicant's employees, agents or supervisors are found to be in violation of the conditions enumerated in subsection (b) of this section, the applicant shall have twenty-one (21) days from the mailing of written notification from the Chief of Police to verify that such persons have been removed or reassigned so that they no longer have access to or control of workplace firearms. Failure of the applicant to comply with this subsection shall cause the Chief of Police to deny the application for a law enforcement permit.
(d) 
The law enforcement permit of any person or entity found to be in violation of any of the provisions of this article may be revoked.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(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 12071(c)(2).[1]
[1]
A "secure facility" is defined by Penal Code § 12071(c)(2) as a building that meets certain specifications, including: certain types of locks on all doorways; steel bars on all windows; and steel bars, metal grating, or an alarm system on all heating, ventilating, air conditioning, and service openings. State law allows a firearms dealer to avoid these requirements by utilizing other security features. See Penal Code § 12071(b)(14). Penal Code § 12071(b)(15) explicitly allows local jurisdictions to impose security requirements on firearms dealers that are stricter or at a higher standard than those imposed by State law.
(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 with steel bars or metal grating.
(c) 
Any time a permittee is not open for business, every firearm shall be stored in one (1) of the following ways:
(1) 
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 12088.2; or
(2) 
Secured with a hardened steel rod or cable of at least one-fourth inch (1/4") 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 boltcutter 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 (5) firearms may be affixed to any one (1) rod or cable at any time.
(d) 
Any time a permittee is open for business, every firearm shall be unloaded, inaccessible to the public and secured using one (1) of the following three (3) 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 (1/4") 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 boltcutter 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 (5) firearms may be affixed to any one (1) rod or cable at any time.
(e) 
Any time a permittee is open for business, any ammunition that is not principally for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as that term is defined in Penal Code Section 12001(a), shall be inaccessible to the public and secured using one (1) 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.[2]
[2]
Penal Code § 12061(a)(2) addresses the storage of handgun ammunition by sellers. That provision is effective January 1, 2010. See AB 962 (De Leon). "Handgun ammunition" is defined as ammunition principally for use in pistols, revolvers, or other firearms capable of being concealed upon the person, as that term is defined in Penal Code § 12001(a). Penal Code § 12060(b).
(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 Section 7590 et seq. The alarm system must be monitored by a central station listed by Underwriters Laboratories, Inc., and covered by an active Underwriters Laboratories, Inc., alarm system certificate with a No. 3 extent of protection.[3]
[3]
Underwriters Laboratories, Inc., uses the term "extent of protection" to refer to the amount of alarm protection installed to protect a particular area, room or container. Systems with a No. 3 extent of protection include complete protection for all accessible openings, and partial motion and sound detection at certain other areas of the premises. For more information, see Central Station Alarm Association, A Practical Guide to Central Station Burglar Alarm Systems (3rd ed. 2005).
(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 number and location of the cameras are subject to the approval of the Chief of Police. 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. 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.
(3) 
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.
(4) 
When recording, the video surveillance system shall record continuously and store color images of the monitored area at a frequency of not less than fifteen (15) frames per second.[4] The system must produce retrievable and identifiable images and video recordings on media approved by the Chief of Police 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.
[4]
Television in the U.S. has thirty (30) frames per second. However, fifteen (15) frames per second is generally described as viewable, and is used in similar regulations. See, e.g., 02-392-013 Me. Code R. 6(6).
(5) 
The stored images shall be maintained on the business premises of the permittee for a period not less than one (1) year from the date of recordation and shall be made available for inspection by Federal, State or local law enforcement upon request.
(6) 
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 fifteen (15) 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.
(7) 
The permittee shall post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one inch (1") in height:
THESE PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE RECORDED.
(h) 
The Chief of Police may impose security requirements in addition to those listed in this section prior to issuance of the law enforcement permit. Failure to fully comply with the requirements of this section shall be sufficient cause for denial or revocation of the law enforcement permit by the Chief of Police.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(a) 
If the proposed or current business location is to be used for the sale of firearms, no law enforcement 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 any other operations of the business. The policy shall also name the City and its officers, employees and agents as additional insureds. The limits of liability shall not be less than one million dollars ($1,000,000.00) for each incident of damage to property or incident of injury or death to a person; provided, however, that increased limits of liability may be required by the City Attorney if deemed necessary.
(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 thirty (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 law enforcement permit is considered revoked without further notice.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
The business shall be carried on only in the building located at the street address shown on the permit. This requirement does not prohibit the permittee from participating in a gun show or event which is authorized by Federal, State and local law upon compliance with those laws.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(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 twenty-one (21) years of age, if the permittee sells, keeps or displays firearms capable of being concealed on the person; or
(2) 
Any person under eighteen (18) years of age, if the permittee sells, keeps or displays only 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) 
The permittee shall post the following conspicuously at each entrance to the establishment in block letters not less than one inch (1") in height:
(1) 
If the permittee sells, keeps or displays firearms capable of being concealed on the person, the sign shall state:
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.
(2) 
If the permittee sells, keeps or displays only firearms other than firearms capable of being concealed on the person, the sign shall state:
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, 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.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
Within the first five (5) business days of April and October of each year, 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 Penal Code Section 12071(b)(13). Immediately upon completion of the inventory, the permittee shall forward a copy of the inventory to the address specified by the Chief of Police, by such means as specified by the Chief of Police. 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 that within the first five (5) business days of that April or October, as the case may be, 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 which the law enforcement permit was issued for a period of not less than five (5) years from the date of the inventory and shall make the copy available for inspection by Federal, State or local law enforcement upon request.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
The law enforcement permit, or a certified copy of it, shall be displayed in a prominent place on the business premises where it can be easily seen by those entering the premises.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(a) 
A law enforcement permit expires one (1) year after the date of issuance. A permit may be renewed for additional one (1) 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 article. Police Department personnel shall inspect the permitted business premises for compliance with this article prior to renewal of the permit. The renewal application and the renewal fee must be received by the Police Department no later than forty-five (45) days before the expiration of the current permit.
(b) 
A decision regarding issuance or renewal of the law enforcement permit may be appealed in the manner provided in Section 5-30.1.20.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
A law enforcement permit issued under this article is not assignable. Any attempt to assign a law enforcement permit shall result in revocation of the permit.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
A person engaged in the business of selling, leasing, or otherwise transferring any firearm on the effective date of the ordinance codified in this article shall, within ninety (90) days of the effective date, comply with this article.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
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. Permittees shall maintain all records, documents, firearms and ammunition in a manner and place accessible for inspection by Federal, State and local law enforcement.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
A permittee shall post conspicuously within the licensed premises the following warning in block letters not less than one inch (1") in height:
WITH FEW EXCEPTIONS, IT IS A CRIME TO SELL OR GIVE A FIREARM TO SOMEONE WITHOUT COMPLETING A DEALER RECORD OF SALE (DROS) FORM AT A LICENSED FIREARMS DEALERSHIP.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(a) 
Any person violating any of the provisions of this article shall be guilty of an infraction. Any person convicted of an infraction under the provisions of this article shall be punished for a first conviction by a fine of not more than one hundred dollars ($100.00), for a second conviction within a period of one (1) year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a period of a year by a fine of not more than four hundred dollars ($400.00). After the third conviction, any repeat violation within one (1) year may be charged as a misdemeanor. Each such person shall be guilty of a separate offense for each and every day during any portion of which a violation of any provision of this article is committed or continued by such person and shall be punishable accordingly.
(b) 
In addition to any other penalty or remedy, the City Attorney may commence a civil action to seek enforcement of these provisions.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
In addition to any other penalty or remedy, the City Attorney shall report any person or entity whose law enforcement permit is 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.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
(a) 
Within ten (10) days of the Chief of Police mailing a written denial of the application or revocation of 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 (30) days.
(b) 
The Chief of Police shall provide a written decision regarding the appeal within fourteen (14) calendar days of the hearing. An applicant may appeal the decision of the Chief of Police to the City Council in accordance with Chapter 4 of Title 1.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)
If any section, subsection, sentence or clause of this article is for any reason declared unconstitutional or 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 article or any part thereof. The City Council hereby declares that it would have adopted this article notwithstanding the unconstitutionality, invalidity or unenforceability of any one (1) or more of its sections, subsections, sentences or clauses.
(Sec. 3 (part), Ord. 10-004, eff. May 6, 2010)