Chapter 5.32
LICENSING OF FIREARMS DEALERS

Sections:

5.32.010    Purpose.

5.32.020    Definitions.

5.32.030    License required.

5.32.040    Application for license.

5.32.050    Approval by city council.

5.32.060    Procedural requirements.

5.32.070    Business site standards.

5.32.080    Compliance with state law.

5.32.090    Approval of application – Fitness standards.

5.32.100    Maintenance and submission of records.

5.32.110    Denial of application.

5.32.120    License renewal.

5.32.130    Licenses nonassignable.

5.32.140    Suspension and revocation.

5.32.150    Notification of suspension or revocation.

5.32.180    Existing firearms dealers.

5.32.190    Firearms security.

5.32.010 Purpose.

The purpose of this chapter is to bring the retailing of firearms within the city into compliance with the mandates of state law, as set forth in the California Penal Code (see Penal Code Sections 12070 and 12071). (Ord. 728 § 1, 1992)

5.32.020 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section.

A. “Firearm” means any device, designed to be used as a weapon, from which a projectile is expelled through a barrel by the force of any explosion or other form of combustion. The term “firearm” includes, but is not limited to: (1) the frame or receiver of any such weapon; and (2) any rocket, rocket-propelled projectile launcher or similar device containing any explosive or incendiary material, whether or not such device is designed for emergency or distress signaling purposes. The term “firearm” does not include an unloaded firearm which is defined as an “antique firearm” in Section 921(a)(16) of Title 18 of the United States Code or a curio or relic as defined in Section 178.11 of Title 28 of the Code of Federal Regulations.

B. “Clear evidence of his or her identity and age” includes, but is not limited to, a motor vehicle operator’s license, a state identification card, an armed forces identification card, an employment identification card which contains the bearer’s signature and photograph, or any similar documentation which provides seller reasonable assurance of the identity and age of the purchaser.

C. “Firearms dealer” includes any business that sells, leases, transfers, advertises, or exposes for sale, lease, or transfer any firearm. (Ord. 979 § 2, 2013; Ord. 728 § 1, 1992)

5.32.030 License required.

No person shall engage in the business of selling, leasing, transferring, advertising, or offering or exposing for sale, lease, or transfer any firearm without first obtaining and keeping in current effect a license as required by this chapter. A separate license shall be required for each location at which sales, leases or transfers of such firearms, or offers therefor, take place. In addition, a separate license may be required for any employee engaged in the sale, lease or transfer of firearms, if the police chief determines that is necessary to fulfill the purposes of this chapter. Exceptions to this section are: (1) the exceptions set forth in Penal Code Section 12070(b); and (2) products designed for, and sold for the purpose of, marine emergency signaling. (Ord. 728 § 1, 1992)

5.32.040 Application for license.

Each person applying for a license under this chapter shall submit an application to the Capitola police department. Where the applicant is a corporation, each of the requirements contained in this chapter must be completed and/or adhered to by a legally recognized corporate officer of said corporation. Where the applicant is a partnership, each of the requirements contained in this chapter must be completed and/or adhered to by a legally recognized general partner of said partnership. Both the individual and the corporation or partnership shall be liable for any violation of the provisions of this chapter. In addition, each employee of the applicant engaged in the sale, lease or transfer of firearms may be required to submit a separate application and adhere to each of the requirements contained in this chapter, at the discretion of the Capitola police chief.

The application shall be accompanied by a fee (in the form of a check or cash) as set forth in the schedule of fees established by resolution of the city council. The fee is to defray the cost of processing the application, and shall include the cost of processing noncriminal fingerprint cards. Each application shall specify only one location at which the sale or transfer of firearms shall take place. If a licensee changes his or her place of business, an application for the new location shall be submitted, accompanied by a fee (in the form of a check or cash) as set forth in the schedule of fees established by resolution of council. That application shall be considered an initial application and not an application for renewal. (Ord. 728 § 1, 1992)

5.32.050 Approval by city council.

The city council shall have the authority to approve or not approve applications under this chapter. For the purpose of considering applications for licenses under this chapter, the city council shall apply the standards set forth in this chapter. (Ord. 979 § 3, 2013; Ord. 728 § 1, 1992)

5.32.060 Procedural requirements.

The applicant must comply with the following minimum requirements:

A. Possess a valid and current federal firearms license;

B. Pay the requisite permit fee to the police department;

C. Pay the requisite fingerprinting fee to police department;

D. Complete the application form provided by the Capitola police department;

E. Be fingerprinted at the police department;

F. Be photographed at the police department;

G. Provide clear evidence of his or her identity to the officer assigned to process the application;

H. Be interviewed at the police department by the officer assigned to process the application;

I. Supply or sign an authorization for release of pertinent records;

J. Submit the name, job title and job description, in addition to any other employee information sought in the application, for each employee of the applicant who will be engaged in the sale, lease or transfer of firearms. Fingerprinting may be required for each said employee, at the discretion of the Capitola police chief. (Ord. 728 § 1, 1992)

5.32.070 Business site standards.

A. The business location must be in the community commercial zoning district, and in compliance with city building and fire codes and regulations.

B. The business site must be a permanent building having four solid walls and a roof; constructed of wood, metal, cement or like materials and resting on a foundation of cement, stone, brick or metal or similar materials commonly used in the construction of foundations for permanent buildings.

C. Building doors and windows must be alarmed with a system of any manufacture which will cause an audible alarm to sound on the exterior of the building or a silent alarm to be sent to a centralized monitored facility signalizing unauthorized entry during nonbusiness hours.

D. All inventory of an explosive or flammable nature must be stored in compliance with federal, state and city fire codes.

E. Inventory of firearms must conform to the type of federal firearms license issued to the permittee.

F. All firearms shall be kept in an approved locked metal safe, cabinet, or box during nonbusiness hours. (Ord. 979 § 4, 2013; Ord. 728 § 1, 1992)

5.32.080 Compliance with state law.

The business must comply with the following requirements of Section 12071 of the California Penal Code:

A. The business shall be carried on only in the building designated in the license.

B. The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen.

C. No firearm shall be delivered within fifteen days of the application for purchase or within such other time period as set forth in Penal Code Section 12071.

D. No firearms shall be delivered unless the purchaser presents clear evidence of his or her identity.

E. No firearm shall be delivered unless it is unloaded and securely wrapped or unloaded and in a locked container.

F. No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside.

G. The licensee shall post conspicuously within the licensed premises the following warning in block letters not less than three inches in height: “IF YOU LEAVE A LOADED FIREARM WITHIN THE REACH OR EASY ACCESS OF A CHILD, YOU MAY BE FINED OR IMPRISONED, OR BOTH, IF THE CHILD GAINS ACCESS TO, AND IMPROPERLY USES, THE FIREARM.” (Ord. 728 § 1, 1992)

5.32.090 Approval of application – Fitness standards.

The Capitola city council shall have the sole discretion to approve or deny all applications for licenses brought pursuant to the provisions of this chapter. Before considering any such application, the Capitola police chief shall conduct an investigation of the applicant with respect to the criteria referenced in this section and any other criteria deemed pertinent by the chief and make a recommendation to the city council. Factors to be considered in the exercise of this discretion include:

A. Whether the applicant has fulfilled all requirements of this chapter;

B. Whether the applicant is under indictment for, is presently charged with, or has ever been convicted of any crime;

C. Whether the applicant has committed any unlawful act involving firearms;

D. Whether the applicant is, or ever has been, a fugitive from justice;

E. Whether the applicant is an unlawful user of any narcotic drug, depressant, stimulant drug or marijuana, or an excessive user of alcohol, to the extent that such use would impair his or her fitness to deal in firearms;

F. Whether the applicant suffers from any severe psychological disturbance which would impair his or her fitness to deal in firearms;

G. Whether the applicant has ever been committed to a mental institution, adjudicated as mental defective, or diagnosed as having a serious mental illness;

H. Whether the applicant has willfully violated any provisions of this chapter;

I. Whether the applicant has willfully made any false statements as to any material fact in applying for the license;

J. Whether the applicant has done any act which if done by a licensee would be grounds for suspension or revocation of the license;

K. Whether all employees of the applicant who would be engaged in the sale, lease or transfer of firearms meet the standards set forth in this chapter, pursuant to Section 5.32.040;

L. Whether the proposed business site meets all business site standards under Section 5.32.070;

M. In addition to the criteria set forth in this chapter for issuance of a firearms dealer permit, the council shall also consider: adjacent uses and structures; neighborhood integrity, character and compatibility; the benefits of the proposed dealership in comparison to its potential detriment to public welfare; and other potential applicable criteria as enumerated in Section 17.60.030 of this code. (Ord. 979 § 5, 2013; Ord. 728 § 1, 1992)

5.32.100 Maintenance and submission of records.

Each licensed dealer shall maintain records of importation, shipment, receipt, sale or other disposition of firearms and ammunition, and shall make such records available at all reasonable times, and shall submit to the licensing authority such reports and information upon reasonable request. The licensing authority may enter the premises (including places of storage) of any firearms or ammunition dealer during business hours for the purpose of inspecting or examining (1) any records or documents required to be kept; and/or (2) any firearms or ammunition kept or stored at such premises.

In addition, the licensee shall notify the Capitola police department, in writing, of any proposed change in business location; such relocation shall require a new application pursuant to Section 5.32.040. (Ord. 728 § 1, 1992)

5.32.110 Denial of application.

If the applicant does not meet all written standards set forth in this chapter, the chief of police shall not issue a license to such applicant. It shall be the duty of the chief of police to notify an applicant that his or her application has been denied by serving such person, either personally or by first class United States mail, with a letter setting forth the reason or reasons for such denial. The notice, if served by mail, shall be deemed to have been served on the date of its deposit in the United States mail, postage prepaid, to the applicant’s address of record. The notice shall also inform the applicant of his or her right to a reconsideration by the chief of police if the applicant believes an erroneous determination has been made. A request for reconsideration may include a request for a hearing before the chief of police. (Ord. 728 § 1, 1992)

5.32.120 License renewal.

Every license issued under this chapter shall expire one year from the date of its issuance. Licensees shall submit an application for renewal at least ninety days before the expiration of the license. If renewal is not timely, the application will be deemed an application for a new license pursuant to Section 5.32.040. Licensees who apply for renewal shall be required to meet all standards specified in this chapter. The application for renewal of the license issued under this chapter shall be accompanied by a fee (in the form of a check or cash) as set forth in the schedule of fees established by resolution of the city council. The fee is to defray the cost of processing such renewal application. All of the procedures applicable to new applications shall apply to renewal applications. (Ord. 728 § 1, 1992)

5.32.130 Licenses nonassignable.

Except as otherwise hereinafter provided, no license issued under this chapter may be sold, transferred or assigned by the licensee or by operation of law, to any other person or persons. Any such sale, transfer or assignment, or attempted sale, transfer or assignment, shall be deemed to constitute a voluntary surrender of such license and such license shall thereafter be deemed terminated and void. (Ord. 728 § 1, 1992)

5.32.140 Suspension and revocation.

Every license issued under this chapter shall be subject to summary suspension and revocation by the chief of police if he or she determines that:

A. The licensee has failed to meet any of the requirements specified under this chapter;

B. The licensee has violated any of the conditions or provisions which appear on the license;

C. The licensee has violated any federal or state firearms sales laws;

D. The licensee’s federal firearms sales license has been revoked;

E. The licensee has committed any act which could have resulted in denial of issuance of license. (Ord. 728 § 1, 1992)

5.32.150 Notification of suspension or revocation.

It shall be the duty of the chief of police or his or her designee to notify any licensee charged with any violation or misconduct, as described above, by serving such person, either personally or by first class United States mail, with a letter setting forth the particular written standard or condition which has been violated. The letter shall inform such licensee of the right to a hearing before the chief of police, at which time the licensee may appear with counsel if so desired and be heard in defense of the charges. The licensee shall also be given notice that any request for a hearing before the chief of police within ten days after the date on which notice is served on the licensee. The suspension or revocation shall be effective on the date the notice is served on the licensee unless the notice establishes a different date. Such notice, if served by United States mail shall be deemed to have been served on the date of its deposit in the United States mail postage prepaid, to the licensee’s address of record. Failure on the part of the licensee to request in writing a hearing before the chief of police within ten days after the notice is served shall result in a permanent revocation of the license. (Ord. 728 § 1, 1992)

5.32.180 Existing firearms dealers.

Firearms dealers legally transacting business in the city as of February 28, 2013 who had previously obtained a firearms dealer permit shall comply with all provisions of this code. If such existing dealers are located outside the community commercial district, such uses shall be considered legal nonconforming uses. (Ord. 979 § 8, 2013)

5.32.190 Firearms security.

Every owner of a firearm in the city shall follow the safest and best practices for the securing of firearms in the home. (Ord. 979 § 9, 2013)