This article establishes regulations governing sales of firearms and ammunition. The purpose of these regulations is to provide criteria for the consideration and approval of businesses engaged in the sale of firearms and ammunition. The City finds it necessary to establish such requirements and criteria to regulate the sale of firearms and ammunition in the interest of the public health, safety and welfare.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
It is unlawful to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition as defined in this article as a Home Occupation as such term is defined in Article 8 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
It is unlawful to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition as defined in this article in any district other than the INH Heavy Industrial zone.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
It is unlawful to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition in the following locations:
(a) 
Within two hundred feet (200') of any area zoned for residential use;
(b) 
Within five hundred feet (500') of any other business engaged in sale of firearms and ammunition;
(c) 
Within one thousand feet (1,000') of any public park, religious institution or elementary or secondary school.
The distance between any two (2) businesses engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. The distance between any business engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition and any residential district, religious institution, school, or public park shall be measured in a straight line, without regard to intervening structures, from the closest property line of the residential zone, religious institution, school, or public park to the closest exterior structural wall of the business engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
It is unlawful to engage in the business of selling, leasing, or otherwise transferring any firearm or ammunition without first obtaining a conditional use permit as provided in this article. No final action may be taken by the Planning Commission until the Emeryville Police Department has issued a law enforcement permit as required by Chapter 30 of Title 5. To grant a conditional use permit for the business of selling, leasing, or otherwise transferring any firearm or ammunition, the following findings must be made in addition to the findings required by Article 5 of Chapter 7:
(a) 
That the proposed business meets all of the location requirements of Section 9-5.604.
(b) 
That the proposed business will not be open between 5:00 p.m. and 9:00 a.m. daily.
(c) 
That the proposed business will comply with all applicable performance standards in Article 11 of this chapter.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
In approving a conditional use permit for a business engaged in the business of selling, leasing or otherwise transferring any firearm or ammunition, the Planning Commission may designate such conditions as it deems necessary in order to fulfill the purposes of this article, and may require reasonable guarantees and evidence that such conditions are being, or will be, complied with. Such conditions shall not be less restrictive than the conditions attached to the law enforcement permit issued by the Emeryville Police Department, and may include, but are not limited to, designating hours of operation more restrictive than those listed in Section 9-5.605(b).
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
"Ammunition"
shall mean ammunition or cartridge cases, primers, bullets, or propellant powders 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 defined in Section 921(a)(16) of Title 18 of the United States Code.
(b) 
"To engage in the business of selling, leasing or otherwise transferring any firearm or ammunition"
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.
(c) 
"Firearm"
shall mean 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.
(d) 
"Public park"
shall mean a park, playground, swimming pool, beach, pier, or athletic field within the City which is under the control, operation, or management of the City.
(e) 
"Religious institution"
shall mean a building which is used primarily for religious worship and related religious activities.
(f) 
"School"
shall mean an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or a special institution of learning under the jurisdiction of the State Department of Education, but it does not include a vocational or professional institution or any institution of higher education, including a community or junior college, college or university.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)