HomeMy WebLinkAboutMINUTES - 11141995 - D.8 4.
ORDINANCE TEXT AMENDMENT
COUNTY FILE#ZT950004
A proposal to amend the Contra Costa County Ordinance Code with respect to firearms
and ammunition dealers.
Board of Supervisors
Contra Costa County
November 14, 1995- 2:00 p.m.
r
Contra
TO: BOARD OF SUPERVISORS Costa
FROM: HARVEY E. BRAGDON ;.,,--= County
DIRECTOR OF COMMUNITY DEVELOPMENT
q COUN'�
DATE: November 14, 1995
SUBJECT: Proposed Gun and Ammunition Dealers Ordinance.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve the recommendation of the County Planning Commission
and adopt the Draft Ordinance, finding that the activity is
not a project subject to the California Environmental Policy
Act; or,
2. Reject the recommendation of the Planning Commission, and
decline to amend the County Ordinance Code at this time; or,
3. Adopt some part or parts of the proposal, based upon the
analysis provided by the Office of the County Administrator,
finding that the activity is not a project subject to CEQA;
or,
4a. Continue the public hearing on the Ordinance Code amendment
and DIRECT County Counsel to prepare a text modification that
incorporates the provisions as they pertain to ammunition
sales only, omitting the fingerprinting requirement and
relying on proof of age and identity through a California
Driver licence or identification card, or equivalent; and,
4b. Continue the public hearing on the recommendations of the
Planning Commission with respect to the balance of the
proposed amendments to the ordinance for some period (6 months
to 12 months) and DIRECT staff to monitor the progress of ;the
Bureau of Alcohol, Tobacco and Firearms with respect to
renewals, to determine more definitively the trends in Federal
Firearms Licenses in residential areas and to report further
at the conclusion of such continuance on the issues of
preemption and efficacy; -or,
CONTINUED ON ATTACHMENT: X YES SIGNATURE' ' \-
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTE
_ APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN' AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:DENNIS M. BARRY 646-2091 ATTESTED
cc: Community Development Department PHIL BATCHELOR, CLERK OF
CAO THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
Page Two
5. Determine to place all or some part of the proposed ordinance
before the voters as a ballot measure and Direct staff to take
the steps needed to do so.
BACKGROUND
On October 24, 1995, the Board of Supervisors held a public hearing
to consider the report of the Internal Operations Committee on a
proposed ordinance regulating the sale of guns and ammunition in
the unincorporated area of Contra Costa County. After the hearing
was closed, the Board continued the matter to November 14, 1995, in
order to provide notice of a public hearing on the recommendations
of the Planning Commission, and directed staff to inquire of the
Federal Bureau of Alcohol, Tobacco and Firearms on matters related
to emerging trends in federal firearms licencing due to the
implementation of the "Brady Bill". Staff has met with '
representatives of the Bureau and the State Department of Justice.
The findings from that meeting are being transmitted to the Board
in a report prepared by the Office of the County Administrator
under separate cover.
On May 2, 1995, The County Planning Commission held a public
hearing on the proposed ordinance. On June 6, 1995, the Planning
Commission took considerable additional testimony, closed the
hearing and continued the item to June 27, 1995 for decision. At
that time, having fully evaluated all of the evidence and testimony
presented and having thoroughly discussed the matter, the Planning
Commission by a 4-3 vote recommended that the Board of Supervisors
adopt the draft ordinance.
At October 24, 1995 subject hearing, staff did not perceive a clear
consensus by the members of the Board of Supervisors. For this
reason, Staff has investigated and analyzed several alternative
courses of action. The alternatives listed in the Recommendations
section of this Board Order- do not represent an exhaustive set of
possible outcomes, but do present a range of actions from which the
Board may select one or a combination of actions. For example, the
first two alternatives are mutually exclusive, but alternatives 3,
4a, 4b, and 5 could be selected in a variety of combinations. Taken
together with the attachment to the Report from the County
Administrator which segregates the various features of the
ordinance, the Board is presented with a wide variety of possible
directions from which to choose.
Due to the wide divergence of positions expressed at the October 24
hearing, staff suggests alternatives 4a and 4b as a means of
distinguishing between the ammunition dealer provisions, which are
clearly not subject to state preemption, and the other provisions,
over which there are expressed concerns as to this issue. The
suggested separation would allow for additional evaluation of the
progress of the BATF in reviewing renewals of licenses as a natural
means of eliminating violations in residentially zoned properties
in the unincorporated area. If it is evident over some period of
time in which trends and further data from BATF can be analyzed,
that further regulation and/or enforcement action is necessary, the
Board will still have that option available.
If the Board decides to adopt a portion of the ordinance, or to
place all or a portion of the provisions on a ballot measure before
the voters, it would be advisable to direct staff to return to the
Board with the ordinance in final form for introduction and to set
a date for adoption, or to direct its placement on the ballot.
{
Resolution No. 26-1995
RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA
STATE OF CALIFORNIA, INCORPORATION FINDINGS AND RECOMMENDATIONS ON
ORDINANCE CODE AMENDMENT(ZT-950004).PROHMITING THE COMMERCIAL SALE
OF FIRE ARMS AND AMMUNITION IN RESIDENTIAL DISTRICTS.
WHEREAS, on January 23, 1995, the Contra Costa County Board of Supervisors directed County
Counsel to prepare in consultation with the Prevention Staff of the Health Services Department, the
Community Department and the Sheriff-Corner, and return to the Board of Supervisors, a draft
ordinance which would regulate firearms dealers in the unincorporated areas of Contra Costa County,
with a view toward moving in the direction of accomplishing the five following goals:
a. Proximity to education, day care and recreation facilities, places that have on-site alcohol
sales, places of worship and places where children are likely to congregate.
b. No prior record of violence-related offenses.
C. Maintenance of at least $1 million in liability insurance.
d. Adequate safe storage security and lighting systems as determined through on-site inspection
by the appropriate officials.
e. Creating a local gun dealer permit issued by the Sheriff; and
WHEREAS, since this is a County initiated addition to the Zoning Ordinance intended to prohibit the
commercial sale of firearms and ammunition in residential districts and for the purpose of establishing
compliance with the California Environmental Quality Act, this activity is not a project subject to
CEQA, pursuant to Section #15061 (B) (3), it can be seen with a certainty that adoption of the
proposed ordinance could not have a significant effect on the environment because it has no potential
to change any aspect of the physical environment; and
WHEREAS, after notice thereof having been lawfully given, a public hearing was scheduled before
the County Planning Commission for Tuesday, May 2, 1995, whereat all persons interested therein
might appear and be heard; and
WHEREAS, on May 2, 1995, the County Planning Commission CONTINUED the public hearing
to the meeting of June 6, 1995; and
WHEREAS, on June 6, 1995, after considerable testimony and discussion, the County Planning
Commission CLOSED the public hearing declaring their intent to render a decision at their June 27,.
1995 meeting; and
WHEREAS, on June 27, 1995, the County Planning Commission after having fully reviewed,
considered and evaluated all the testimony and evidence submitted in this matter; and
T
E
-2- Resolution No. 26-1995
NOW, THEREFORE, BE IT RESOLVED, that the County Planning Commission recommends to
the Board of Supervisors of the County of Contra Costa, State of California, that the draft ordinance,
as amended and presented by the Planning Staff, be APPROVED by the following vote of the
Commission:
AYES: Commissioners- Clark, Gaddis, Braxton, Wong.
NOES: Commissioners-Hanecak, Straus, Terrell.
ABSENT: Commissioners -None.
ABSTAIN: Commissioners-None.
I,Marvin J. Terrell, Chairman of the Planning Commission of the County of Contra Costa, State of
California, hereby certify that the foregoing was duly called and held in accordance with the law on
Tuesday, October 3, 1995, and that this resolution was duly and regularly passed and adopted by the
following vote of the Commission:
AYES: Commissioners- CLARK, WONG, STRAUS, HANECAK, CADDIS,
TERRELL,
NOES: Commissioners - NONE
ABSENT: Commissioiners - MYRTLE L. BRAXTON.
ABSTAIN: Commissioners - %NE.
Chairman of the Planning Commission,
Contra Costa County - State of California.
ATTEST:
Secretary of the Planning Commission,
Contra Costa County, State of California.
9
5 �
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: October 18, 1995
TO: Board of Supervisors
FROM: Dennis M. Barry, AICP
Deputy Director
SUBJECT: Report on the Costs of Administering and Enforcing the
Proposed Gun Dealers Ordinance: Cost of Enforcement:
Attachment #16; Cost of Insurance: Attachment #17.
At the request of the Internal Operations Committee staff has investigated the costs
of administering and enforcing the proposed Gun Dealers Ordinance. In addition,
the Committee asked staff to determine the cost for general liability insurance for
$1,000,000.00 coverage. The following report responds to these requests.
A. Administrative and nforcement Costs
The level of cost would be a function of the level of enforcement desired by the
Board of Supervisors. If current procedures were followed, investigation and
enforcement would be on a complaint basis and would be fitted within the overall
enforcement program priorities. For licensing purposes, we would need to hire
someone with some expertise in this area. The individual would have to develop
procedures to process applications for licenses and to confirm "grandfather" status.
In addition, they would conduct investigations for the Growth Management &
Economic Development Agency Director following complaints of violations. The
cost of this person would be approximately half of a full time position fully burdened
with fringe benefits, amounting to approximately $25,000 to $35,000 per year. The
cost of processing applications would be covered by fees.
Page Two
If the Board of Supervisors determines to carry out a comprehensive code
enforcement program in this area, the costs would be substantially higher. The
estimated cost for such a program would be on the order of $150,000. Such a
program would entail identifying a list of gun dealers in residential areas,
investigating and confirming the continuing violation of the code and a process of
either criminal or civil court action in the event that voluntary compliance could not
be obtained. Such a program would be very labor intensive. The cost would
include enforcement personnel from Community Development Department staff,
Building Inspection enforcement staff, County Counsel staff and other legal costs.
The Internal Operations Committee has directed staff to look into what program
costs are in other jurisdictions throughout the County. Staff was informed during
communication with the City of Hercules, that their local police department prepared
a matrix comparing other jurisdiction's costs. See Exhibit A. As can be seen, there
is a great deal of variability in the level of regulation as well as costs.
B, General Liability Insurance Cost
At the request of the Internal Operations Committee, staff has investigated the cost
of a $1,000,000.00 general liability insurance policy for gun dealers. Staff in their
_ research contacted the National Rifle Association and independent insurance
agencies in the County.
The National Rifle Association ("NRA") bases their fee on the annual gross sale of
firearms. The premium currently charged is $8.50 for each $1000.00 in gross sales,
with a minimum of premium of$1500.00. The NRA requires annual audits of each
dealer to determine if their gross annual sales exceed the premium charged. If the
gross annual sales exceed $176,000.00, they charge additional premiums.
Furthermore, public testimony before the Hercules City Council meeting and
information obtained from an independent insurance agent in West County stated an
annual premium of approximately $1640.00 for a $1,000,000.00 general liability
policy.
From the information obtained, staff has concluded that an $1,000,000.00 general
liability policy would range from approximately $1500.00 to $2,000.00 annually.
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: June 15, 1995
TO: County PIan ing Commission
• Br tn.FROM. arvey E. agdDir for
By: Rose Marie Pietras, enior Planner
SUBJECT: Commercial Sale of Firearms and Ammunition in Residential
Districts.
At the conclusion of the June 6, 1995 Planning Commission hearing, staff was requested to
provide additional information to respond to the following:
1. What costs will arise from adoption of the proposed ordinance?
2. From where is the 500 foot radius measured in Article 82-36?
3. What effect did the advisory measures passed by County voters have in changing State
laws or regulations?
In addition, the Violence Prevention Program staff were requested to provide copies of
"Preventing Violence in Contra Costa County: A Countywide Action Plan & A Framework for
Action". They are included in the packets for the June 27, 1995 Planning Commission
meeting. A separate response to other queries is provided by the Violence Prevention Program
staff.
1. The fees will be set based upon time required to carry out the activities involved in
processing permit applications. While an exact figure cannot be calculated at this time,
the application fee schedule currently in effect includes a cost of$2,700.00 for Land
Use Permits. Since this use is not specifically listed, none of the listed Land Use
Permits appear to be similar to the gun dealer permits proposed. There fore, it is likely
that the $2,700.00 Land Use Permit fee would be applicable for the first year of
operation with the ordinance. Based upon experience of the first year, it is possible that
the fee schedule could be adjusted up or down. No additional staff will be required, the
fees will cover staff costs.
2. Staff understands the intent of the drafters to define the "Proposed Site" in the proposed
ordinance to mean the locations of the business. This construction makes all three
numbered paragraphs in Section 82-36.604 consistent with one another. Under this
construction, the location would be the exterior walls enclosing the interior space in
which the business is conducted.
3. Of all the ballot advisory measures, which passed by substantial margins by the voters
of Contra Costa County in the last few years, none have resulted in substantial gun
control legislation at the State level.
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
To: County Planning Commission Date: June 1, 1995
From: Dennis Barry
Deputy Director
Subject: Revised Draft of Firearms and Ammunition Ordinance
Item # 3, CPC Agenda for June 6, 1995
A copy of the revised draft ordinance is attached. In addition, a
copy of the memorandum from County Counsel to the Internal
Operations Committee of the Board of Supervisors is included.
That memorandum indicates the changes that are indicated in the
revised draft.
Due to the significant volume of written materials submitted on
this item and the nature of the Board of Supervisors referrals to
other advisory bodies, Staff continues to recommend that the
Planning Commission take whatever testimony may be offered at the
subject meeting, and continue the hearing to a date certain. This
will allow time for the other committees and commissions to which
the Board has referred the matter to provide input to the
Planning Commission prior to your making recommendations to the
Board of Supervisors .
We are attempting to determine what the appropriate continuation
date would be and expect to provide a firm date at the hearing.
I.f you hae any questions, please call me at 646-2091
COUNTY COUNSEL'S OFF/CE
CONTRA COSTA COUNTY
MARTINEZ, CALIFORNIA
Date: May 31, 1995
To: Internal Operations Committee
c/o Claude Van Marter, County AdmiACo
tor' s Office
From: Victor J. Westman, County Counsel
By: Diana J. Silver, Deputy Countsel
Re: Revised Draft of Firearms and Ammunition Dealers Ordinance
Pursuant to the Board' s May 2, 1995 directions, we have
redrafted the attached proposed ordinance regulating firearms and
ammunition sales in the unincorporated area of the county. As
requested, the revised ordinance provides that the Director of the
Growth Management and Economic Development Department ("GMEDA") ,
rather than the Sheriff, will be the local licensing authority for
purposes of issuing local firearms dealer licenses as provided by
Penal Code section 12071. If GMEDA is to administer a 12071
licensing program, consideration (at some point) should be given to
implementation staffing.
The revised ordinance provides requirements for an application
for a local firearms dealer license (§ 82-36 . 804) as well as
conditions of approval for issuance of such a license . (§ 82-36 . 806)
The license is valid for one year (Pen. Code § 12071 (a) (6) ) but may
be renewed for additional one year period upon submission of a new
application and payment of a fee (§ 82-36 . 810 ; Penal Code
§ 12071 (a) (7) ) . By requiring a new application each year for
renewal, annual reporting is assured.
In addition, a definition of firearms has been added (82-36 . 206)
which is identical to the definition in Richmond' s firearms dealer
ordinance. The definition of ammunition (82-36 . 208) is taken from
the Los Angeles ordinance.
A recent California Attorney General Opinion states "we have no
doubt that regulating firearms sales is beyond the reach of local
governments . " (77 Ops . Atty. Gen. 147, 150 (1994) ) The Attorney
General ' s Opinion noted that cities and counties are charged with
execution of the state' s program for licensing of firearm dealers but
their role is "ministerial in nature . " (Id, citing Pen. Code § 12071)
This opinion concluded, however, that a city or county is not
preempted by state law from adopting an ordinance which requires
l�
Internal Operations Committee 2 May 31, 1995
ammunition vendors within its jurisdiction to record and maintain
identification information with respect to each purchaser. For this
reason, we have added an article which provides for record keeping
and inspection of records for ammunition sales . (Article 82-36 . 10)
This article is based on similar ordinances regulating ammunition
sales adopted recently in the city of Los Angeles and Pasadena.
Pursuant to the Board' s May 2, 1995 direction, we have included a
fingerprinting requirement for ammunition sales (82-36 . 1002) .
Neither the Los Angeles nor the Pasadena ordinances contain a
fingerprinting requirement. The Attorney General's opinion did not
discuss fingerprinting nor are we aware of any reported cases which
address this issue.
One of the conditions of approval for the local
firearms dealer license is that the licensee is required to sell or
otherwise provide each firearm with a trigger lock or similar device
that is designed to prevent the unintentional discharge of the
firearm (§ 82-36 . 806) . Although trigger locks apparently are
required by other local ordinances (e.g. San Francisco and
Lafayette) , and are relatively inexpensive, it is possible in light
of the attorney general' s opinion cited above that a trigger lock
requirement may be perceived as an attempt to regulate firearms sales
rather than merely the exercise of the county' s police power to
control its zoning.
We note that the local superior court has, as part of its initial .
ruling, denied a motion for a preliminary injunction to stop the
enforcement of Lafayette' s firearms dealer ordinance pending a trial
on the merits of the ordinance. As part of its preliminary ruling,
the superior court upheld the triggerlock or similar device
requirement against a challenge on preemption grounds . We understand
that the court indicated disagreement with the above cited attorney
general' s opinion.
The Los Angeles and Pasadena ordinances provide for
administration by the local law enforcement agency (i . e . the local
police department) . The draft of this ordinance, however, specifies
that GMEDA will administer the ammunition sales provisions rather
than the Sheriff .
The revised ordinance requires applicants for land use permits
and firearms dealer licenses to obtain $1, 000 , 000 in liability
insurance (82-36 . 606 (1) , land use permit; 82-36 . 804 (9) , firearms
dealer license) . This insurance requirement is based on similar
requirements in the Richmond and Lafayette ordinances . We note that
a number of conditions for the firearms dealer license have been
inserted into this revised ordinance which are not expressly allowed
under Penal Code section 12071 . Such additional conditions, however,
are not expressly prohibited by Penal Code section 12071 .
� o
Internal Operations Committee 3 May 31, 1995
Although we have referred to state law in the revised ordinance,
we have attempted not to restate or duplicate state law as it has
been held that otherwise valid local legislation which duplicates,
contradicts or enters an area fully occupied by general law, either
expressly, or by legislative implication, constitutes a conflict with
state law and is preempted by such law and is void (Sherwin-Williams
v. City of Los Angeles (1993) 4th Cal .4th 893) . For this reason, we
have not expressly required a gun sales reporting requirement since a
detailed statutory process for reporting gun sales to the California
Department of Justice and local chief of police is •provided by state
law (Pen. Code § 12076) nor have we expressly provided for a theft
reporting requirement or other requirements specifically provided by
statute, but have referenced such statutory requirements for
informational purposes only. (see sections 82-36. 606 and 82-36 .804 ,
citing Pen. Code § 12071 (b) (13) ) .
We have indicated above the new significant changes in the
attached revised draft of the firearms dealer ordinance. We note
that the earlier draft ordinance previously provided and still
provides that :
1) firearms sales and ammunition sales are not allowed in
residential districts (82-4 .240 (8) ;
2) a land use permit is required before any new firearms dealer
may conduct sales in a zoning district where they would be otherwise
.allowed (82-36 . 602) ;
3) previously legally established but now nonconforming firearms
dealers may continue such use if they obtain a firearms dealer
license within 90 days of the effective date of chapter 82-36 (82-
36 . 204) ;
4) additional findings must be made before a land use permit may
be issued to allow firearms sales (in addition to the general
requirements for land use permits (82-36 . 604) ; and
5) a permittee must comply with insurance and other requirements
in order to keep an issued land use permit in full force and effect
(82-36 . 606)
DJS/amc
cc : Supervisors, District Offices
Harvey Bragdon, Community Development Director
Attn: Dennis Barry
Health Services Department
Attn: Andres Soto
djs-3\a:\fire-amm.mem
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9
DRAFT
ORDINANCE NO. 95-
(Sale of Firearms)
The Contra Costa County Board of. Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text from the enacted provisions of the County Ordinance Code. )
SECTION I. Section 82-4 .240 is amended to read as follows :
82-4 .240 Home Occupation. "Home occupation" is an activity
customarily conducted entirely within a residential dwelling, by a
person residing in the dwelling unit, which is clearly a secondary
and incidental use of such dwelling as a residence. The .use must
not change the residential character of the dwelling or area and
shall meet the following conditions :
(1) There shall be no merchandise or services for sale except
that produced from or made on the premises .
(2) The use shall not generate vehicular traffic in-excess of
that normally associated with single family residential use.
(3) Not more than one room or twenty-five percent of the
habitable floor area of the principal structure, whichever is
greater, shall be used for the home occupation. Garage areas and
areas within accessory buildings shall not be considered as being
habitable floor area.
(4) There shall be no exterior indication of the home
occupation.
(5) No exterior signs shall be used.
ORDINANCE NO. 95 -
1
(6) No noise, odor, dust, fumes, vibration, smoke, electrical
interference or other interference with the residential use of
adjacent properties shall be created: _
(7) No persons shall be employed, except the applicant, in
the conduct of the home occupation.
(8) No sale of firearms or ammunition is allowed or permitted
as a home occupation in a residentially zoned district . (Ords. 95-
§ 1, 1781, 1760, 1759, 1569, 1469 : prior code 8102 (m) : Ords.
1269, 1274, 1224, 939, 933 , 382) .
SECTION II. Chapter 82-36 is added to the Contra Costa County
Ordinance Code to read as follows :
CHAPTER 82-36 SALE OF FIREARMS
Article 82-36 . 2 General
82-36 . 202 Purpose . This chapter requires and provides
criteria for the consideration and approval of land use permits and
firearms dealer licenses before the sale of firearms will be
permitted in any nonresidential land use zoning district of this
county. The county finds it necessary to establish land use permit
and firearms dealer license requirements and criteria in the
interest of the public health, safety and welfare to regulate the
sale of firearms in the unincorporated area. This chapter alone
does not allow or permit sales of firearms, but only applies to
sales of firearms where otherwise allowed or permitted within an
ORDINANCE NO. 95 —
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involved applicable nonresidential land use zoning district. This
chapter does not authorize the sale of firearms in any
nonresidential land use district where they are not otherwise
allowed or permitted by the applicable involved zoning district' s
regulations . (Ord. 95- § 2 . )
82-36 . 204 Non Conforming Use Upon the effective date
( 1995) of this chapter, any person who claims or
believes that he or she has established a legal non-conforming use
to conduct firearms sales, including sales of ammunition, shall,
within ninety days of the effective date of this chapter, provide
written evidence describing the extent and scope of such use to the
Director of the Growth Management and Economic Development
Department ("GMEDA" ) and obtain a firearms dealer license as
provided in article 82-36 . 8 . To the extent such legal non-
conforming use has been established in accordance with this section
and continued after the effective date of this chapter, all
applicable state and federal permits and licenses must be obtained
and maintained in full force and effect and the use may not be
increased, enlarged or expanded without a land use permit as
provided in this chapter. (Ord. 95- § 2 . )
82-36 . 206 . Firearm. "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
ORDINANCE NO. 95 -
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or other means of combustion. (Ord. 95- 2 . )
82-36 . 208 . Ammunition. The term "ammunition, " as used in
this chapter, shall include any ammunition for use in any pistol or
revolver from which is expelled a projectile by the force of
explosion or other form of combustion. (Ord. 95- 2 . )
82-36 . 210 . Firearm Dealer. The term firearms dealer, as used
in this chapter, shall mean any person who is engaged in the retail
sale of firearms and/or ammunition. (Ord. 95- 2 . )
Article 82-36 .4 Applications
Article 82-36 .402 Application Contents . In addition to the
applicable requirements of chapters 26-2 and 82-6 and the involved
nonresidential zoning district, an application for a land use
permit to sell firearms, including ammunition, shall contain the
following information:
(1) A description of where the proposed firearm sales is to be
located on the subject property, including a description of the
building or structure within which the sale of firearms is to take
place;
(2) The true name and complete address of each owner and
tenant of the building or structure within which the sale of
firearms is to take place;
ORDINANCE NO. 95 -
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(3) A description of all the firearms, including ammunition,
proposed to be sold; and
(4) A description of the security measures planned at the
premises to provide for the protection of the premises and the
goods to be sold thereon;
(5) The identification of any existing firearm dealer sales
sites located within 500 feet of the applicant' s proposed sales
site.
(6) Evidence regarding the manner in which the applicant
intends to satisfy the liability insurance requirement of section
82-36 . 606 (1) , including current insurance policies and limits of
coverage therein. (Ord. 95- 2 . )
Article 82-36 . 6 Land Use Permits
82-36 . 602 Requirement No sale of firearms, including
ammunition, shall be allowed unless and until a land use permit is
first obtained pursuant to this chapter and maintained in full
force and effect . (Ord. 95 - § 2 . )
82-36 . 604 Additional Findings . In addition to the findings
established in article 26-2 . 20 , and section 82-6 . 002, no land use
permit to allow the sale of firearms, including ammunition, shall
be issued unless the following findings are made :
(1) The district in which the firearm sales is to take place
ORDINANCE NO. 95 -
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is not a residentially zoned area; and the proposed site is not
located within 500 feet of a residentially zoned area;
(2) The firearm sales will not take place in a location which
is within 500 feet of a school, daycare, park, establishments that
have on-site or off-site alcohol sales, places of worship or an
existing firearm dealer' s sales site;
(3) The applicant has demonstrated that the location in which
the firearm sales are to take place will have adequate safe
storage, security and a lighting system. (Ord. 95 - § 2 . )
82-36 . 606 Compliance. In order for a land use permit issued
under the provisions of this chapter to become effective and remain
operable and in full force, the applicant at all times shall :
(1) Obtain and maintain at least $ 1, 000, 000 . 00 in liability
insurance;
(2) Within 30 days of obtaining a land use permit and prior to
any sales, first obtain a local firearms dealer license from the
Director of Growth Management and Economic Development ("GMEDA" ) ,
which. will not be issued except upon proof of a land use permit
obtained in accordance with the provisions of this chapter. Such a
license will be considered for issuance pursuant to guidelines to
be established by GMEDA and in accord with criteria set forth in
article 82-36 . 8 and maintained in full force and effect;
(3) Maintain a record of ammunition purchases as provided in
article 82-36 . 10 .
ORDINANCE NO. 95 -
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(4) Comply with all state and federal statutory requirements
for the sale of firearms and ammunition and reporting of firearm
sales (Pen. Code § 12076) , including the provisions of California
Penal Code sections 12070 and 12071, including but not limited to
the statutory requirement that all thefts of firearms be reported
within 48 hours of discovery to the Sheriff (Pen. Code §
12071 (b) (13) ) , and within thirty days of a written request by
GMEDA, provide proof of such compliance. (Ord. 95 - § 2 . )
82-36 .608 Granting. Land use permits for the sale of
firearms as allowed in this chapter and variance permits to modify
the provisions of this article may be granted as provided and
required by this chapter and in accordance with chapters 26-2 and
82-6 . (Ord. 95 - § 2 . )
Article 82-36 . 8 . Firearms Dealer Licenses .
82-36 . 802 Licensing Authority- The Director of Growth
Management and Economic Development Agency ( "GMEDA") is designated
as -the local licensing agent for purposes of Penal Code section
12071, relating to firearm sales . As the local licensing agent,
GMEDA will, as he or she deems necessary, administer applicable
provisions relating to firearm sales (Pen. Code H 12070 , 12071)
and establish guidelines for the issuance of local firearms dealer
licenses in accordance with criteria established by Penal Code and
as provided in section 82-36 . 804 . The applicant shall pay
ORDINANCE NO. 95 —
n,
compensatory fees and costs for such permit as established by the
Board of Supervisors pursuant to recommendation of GMEDA. (Ord. 95
82-36 . 804 Local Firearms Dealer Licenses . In accordance with
the provisions of Penal Code section 12071, GMEDA, as the local
licensing authority, shall accept applications for and may grant
licenses valid for one year (Pen. Code § 12071 (a) (6) ) permitting
the retail sale of firearms and ammunition in the unincorporated
area of the county where otherwise allowed by the involved zoning
district, provided that a written application containing the
following is submitted to and approved by GMEDA:
(1) The name, age, and address of the applicant;
(2) The address of the proposed location for which the license
is required, together with the business name, if any;
(3) Proof of a possessory interest in the property at which
the proposed business will be conducted in the form of ownership,
lease, license or other entitlement to operate at such location and
-the written consent of the owner of record of the real property;
(4) Proof of compliance with all federal and state licensing
laws, including but not limited to the provisions of California
Penal Code section 12071 requiring reporting of thefts (Pen. Code §
12071 (b) (13) ) , and security storage requirements for each firearm
(Pen. Code §§ 12071 (b) (14) , (c) (3) ) ;
(5) Proof of the issuance of a land use permit at the proposed
ORDINANCE NO. 95 -
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location, or in the alternative, proof of compliance with the
provisions of section 82-36 . 204 for the establishment of a legal
non-conforming use;
(6) Information relating to licenses or permits relating to
other weapons sought by the applicant from other jurisdictions,
including, but not limited to date of application and whether each
application resulted in issuance of a license;
(7) Information relating to every revocation of a license or
permit relating to firearms, including but not limited to date and
circumstances of the revocation;
(8) Applicant' s agreement to indemnify, defend, release and
hold harmless the county, its officers, agents, and employees, from
and against all claims, losses costs, damages and liabilities of
any kind, including attorney fees, arising in any manner out of the
applicant' s negligence or intentional or willful misconduct .
(9) Certification of satisfaction of insurance requirements
under section 82-36 . 606 (1) ; and
(10) Payment of nonrefundable compensatory fees for
administering this chapter in amounts to be established by
resolution of the Board of Supervisors . (Ord. 95 - 2 . )
82-36 . 806 . Conditions of Approval . In addition to other
requirements and conditions of this chapter, a firearms dealer
license is subject to the following conditions, the breach of any
of which is sufficient cause for revocation of the license by
ORDINANCE NO. 95 -
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GMEDA:
(1) The business shall be carried on only in the building
located at the street address shown on the license.
(2) Compliance with all requirements of applicable state and
federal law relating to firearm sales, including provisions
relating to manner of delivery of firearms, age and identity
requirements for purchasers, storage of firearms, recording and
reporting of firearms sales transactions, and posting of required
notices on the premises. (Pen. Code H 12071, 12076)
(3) The licensee shall not sell, lease or otherwise transfer a
firearm without also selling or otherwise providing' with each
firearm a trigger lock or similar device that is designed to
prevent the unintentional discharge of the firearm; and
(4) The licensee shall maintain a record of all ammunition
sales as provided in article 82-36 . 10; and
(5) The licensee shall obtain and maintain any necessary
local licenses, including a business license . (Ord. 95 - § 2 . )
82-36 . 808 . Grounds for License Denial . GMEDA may deny the
issuance or renewal of a firearm dealer' s license when one or more
of the following conditions exist :
(1) The applicant is under 21 years of age;
(2) The applicant is not licensed as required by federal,
state and local law;
(3) The applicant has had a firearms permit or license
ORDINANCE NO. 95 -
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previously revoked or denied for good cause within the immediately
preceding two years;
(4) The applicant has made a false or misleading statement of
a material fact or omission of a material fact in the application
for a firearm dealer' s license; or
(5) The operation of the business as proposed would not comply
with 1. federal, state and county ordinances, including but not
limited to the California Penal Code and applicable building and
fire safety regulations. (Ord. 95 - § 2 . )
82-36 . 810 . Renewability of Firearms Dealer license. A
firearms dealer license expires one year after the day of issuance .
A license may be renewed for additional one year periods upon the
payment of the application fee and licensee' s submission of a new
written application for renewal which includes the information
required by 82-36 . 804 . Upon receipt of the fee and new
application, GMEDA will review the application and render a
decision pursuant to the provisions of this article for initial
license application. Such application for renewal must be received
by GMEDA no later than 45 days before the expiration of the current
license . (Ord. 95 - § 2 . )
Article 82-36 . 10 Records of Ammunition Sales .
82-36 . 1002. Record of Ammunition Sales . No firearm dealer
shall sell or otherwise transfer ownership of any ammunition
ORDINANCE NO. 95 -
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without at the time of purchase recording the following information
on a form to be prescribed by GMEDA: the date of the transaction,
the name, address and date of birth of the transferee, the
transferee' s driver' s license or other identification number and
the state in which it was issued, the brand, type and amount of
ammunition transferred, the transferee' s signatures, and a right
thumb print or set of fingerprints otherwise available from the
transferee. (Ord. 95 - § 2 . )
82-36 . 1004 . Inspection of Records. The records required by
this section shall be maintained on the firearm dealer' s premises
for a period of not less than two (2) years from the date of the
recorded transfer. Said records shall be subject to inspection at
any time during normal business hours by GMEDA or his or her
designee. (Ord. 95 - § 2 . )
82-36 . 1006 . Maintenance of Records . No person shall
knowingly make a false entry in, or fail to make a required entry
in, or fail to maintain in the required manner records prepared in
accordance herewith. (Ord. 95 - § 2 . )
Article 82-36 . 12 . Nonassignability and Severability.
82-36. 1202 . Nonassignability. A firearms dealer license
issued under this chapter is not assignable . An attempt to assign
ORDINANCE NO. 95
12
T..
Ir
a firearms dealer license renders the license void. (Ord. 95 -
§ 2 . )
82-36 . 1204 . Severability. If a part of this chapter is held
to be invalid, the remaining portions of this chapter are not
affected. (Ord. 95 - § 2 . )
SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of. supe.rvisors, voting for and -
against it in the a newspaper published in
this County. (Gov. Code §§ 25123 & 25124 . )
PASSED ON by the following vote:
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By:
Deputy Board Chair
[SEAL].
djs-3\A:\firearms.ord
ORDINANCE NO. 95 -
13
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
. DATE: May 31, 1995
TO: County Planning Commission
FROM: Harvey E. Bragdon, Director
By: Rose Marie Pietras, Senior Planner 4�Ez-kX44-
SUBJECT: Commercial Sale of Firearms and, Ammunition in
Residential Districts.
On April 18, 1995, the Planning Commission opened the public hearing, received
testimony and continued the hearing for further revision of the ordinance by staff.
Although substantial written material has been submitted and supplied to the
Planning Commission, staff has not been able to prepare an amended ordinance
draft. Therefore, staff recommends that the Planning Commission further continue
this item to June 27, 1995.
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: April 18, 1995
TO: County Planning Commission
FROM: Harvey E. Bragdon, Director
By: Rose Marie Pietras, Senior Planner
SUBJECT: Commercial Sale of Firearms and . Ammunition in
Residential Districts.
This is a County-initiated addition to the Zoning Ordinance intended to prohibit the
commercial sale of firearms and ammunition in residential districts. The proposed
Ordinance would also require a land use permit for firearm and ammunition sales
in any other zoning district where such sales otherwise would be permitted. The
Board of Supervisors is seeking the input of the County Planning Commission.
For the purpose of establishing* compliance with the California Environmental
Quality Act, staff finds that this activity is not a project subject to CEQA, pursuant
to Section 15061(B)(3). It can be seen with certainty that adoption of the proposed
ordinance could not have a significant effect on the environment because it has not
potential to change any aspect of the physical environment.
Staff recommends that the Commission take public testimony and then provide the
Board of Supervisors with their recommendations regarding the proposed ordinance
modifications.
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