9.04.177 Firearms and ammunition sales.

A.    Every person engaged in the business of selling firearms or firearms ammunition, as defined by this chapter, shall pay a license fee of one hundred fifty dollars for each thousand dollars of gross receipts from all merchandise sold in the same premises as the firearms or firearm ammunition is sold, as provided in Section 9.04.240.

B.    Notwithstanding Section 9.04.225, no person engaged in the business of selling firearms or firearms ammunition, as defined by this chapter, may elect to combine gross receipts as set forth in Section 9.04.225, but shall pay a license fee at the rate provided in Section 9.04.220 for persons engaged in the business of selling firearms or firearms ammunition.

C.    As used herein, the term "firearm" means any device, designed to be used as a weapon, from which is expelled through a barrel a projectile by the force of any explosion, or other form of combustion. The term also includes any rocket, rocket propelled projectile launcher, or similar device containing any explosive or incendiary material and not designed for emergency or distress signaling purposes.

D.    As used herein, the term "firearm ammunition" means any projectiles with their fuses, propelling charges, or primers fired from weapons, and any of the individual components thereof, including, but not limited to, black powder and reloading primers.

E.    As used herein, the term "engaged in the business of selling firearms or firearm ammunition" means the selling, leasing or transferring of firearms or firearm ammunition. No person shall be "engaged in the business of selling firearms or firearm ammunition" within the meaning of this chapter if she or he is not required to obtain a permit to sell firearms or firearm ammunition (munitions) pursuant to Chapter 9.72 of the Berkeley Municipal Code, or if she or he is an auctioneer or auction company required to maintain a bond or deposit pursuant to California Civil Code Section 1812.600 or any successor statute. (Ord. 6349-NS § 1, 1996)