Loading...
HomeMy WebLinkAboutMINUTES - 11281995 - D8 D. 8 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY Adopted this order on November 28, 1995 by the following vote : AYES : Supervisors Robers, Smith, DeSaulnier, Torlakson and Bishop NOES : None ABSENT: None ABSTAIN: None ----------------------------------------------------------------- ----------------------------------------------------------------- SUBJECT: Proposed Gun Dealer Ordinance On November 14, 1995, the Board of Supervisors closed the hearing on the proposed Gun Dealers Ordinance and introduced the ordinance as amended relative to firearm sales and directed the Health Services Department, County Counsel and the Community Development Department staff to report to the Board of Supervisors on concerns raised on that date by Board members on issues including trigger locks and ammunition registration. The Board considered reports from the County Administrator, the Community Development Deputy Director, the Health Services Director, and the ordinance from County Counsel, and the Board discussed these items with Claude Van Marter, County Administrator' s office, Dennis Barry, Community Development Department, Dr. Wendel Bruener, Health Services Department and Victor Westman, County Counsel . Supervisor Smith moved approval of the recommendations on page 5 of the County Administrator' s report . h r Supervisor Rogers seconded the motion. The Board discussed the motion. Supervisor Torlakson moved an amendment to the motion to not move forward with the ammunition registration at this time but refer the issue to the Sheriff and Police Chiefs ' Association for evaluation and recommendation. There was no second to the amendment . Supervisors Smith ,included as part of the motion referral of any future issues to a sub-committee that could return with recommendations to the Board on modifications if needed to the ordinance . Supervisor DeSaulnier expressed that he would not support the motion as presented unless the Board did something with the liability and the fingerprinting aspect of the record keeping for ammunition. Supervisor Rogers indicated that as the seconder of the motion he could accept that amendment to drop the liability and fingerprinting aspect and he suggested having staff come back with a process to incorporate the idea of some type of educational program. The Board discussed the motion. Supervisor Rogers moved a substitute motion that on page 5, 82-36 . 606, to delete paragraph number one, obtain and maintain at least one million dollars in liability insurance and then also take out the fingerprinting requirement on page 11, 82-36 . 10 , and place a period after the word the transferee ' s signature and delete the words and a right thumbprint or set of fingerprints otherwise available from the transferee . Victor Westman, County Counsel, clarified that on page 8 , subsection 9 would be deleted also. Supervisor Smith accepted the substitute motion. IT IS BY THE BOARD ORDERED that the recommendations contained in the County Administrator' s report to the Board dated November 21, 1995, are APPROVED; the Sale of firearms Ordinance (95-59) is ADOPTED as amended; future issues relative to modification of the Ordinance are REFERRED to a sub-committee of the Board; and the creation of a Safety Education Committee is referred to staff for review and report to the Board of Supervisors . I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE D TE SHOWN. r ATTESTED OZO CIS- Phil S Phil Batchelor,C rk of the Board of Supervisors and Count(vAdininistra a By Deputy cc: County Counsel County Administrator OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY 651 PINE STREET MARTINEZ, CALIFORNIA 94553 Phone: (510) 646-2371; FAX (510) 646-1059 PLEASE CONFIRM RECEIPT VIA PHONE DATE: I TO: I �� FROM: TOTAL PAGES INCLUDING THIS COVER:0—et�z I � 1 c V' PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVED THIS ITEM COMPLETE! Lf 0-4 am 00 �n (44- -ja 70- uOj elk- Sr CD %00 � ;� i�� z % C-) -n 00 0 ro va T� La<r"O W0 0 UN �t 'n m(p -- 6 vo �O th o ° �A co 3� rn CP Zi o co W)(P-1 T, ko, '0 !Fn 'Pr STI IWO '0 �Ot wct Q0 10 Ln 10 ton Oco co !i,33M ct m C:3 Li 0 CD "0 llp,-,o A n 0 CM-- m C-14 'ON rn i�3111 orn V-h (t n 54 to r-j a,, ON Q0 r t _ ORDINANCE NO. 95- 59 (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 . Chapter 82-36 is added to the Contra Costa County Ordinance Code to read as follows : / CHAPTER 82-36 SALE jOF 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 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 ORDINANCE NO. 95 - 59 � 1 , 1 regulations . (Ord . 95- 59 8.2-36 . 204 Non Conforming Use Upon the effective date ( December 28 , 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- 59 § 1 . ) 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 or other means of combustion. (Ord . 95- 59 § 1 . ) 82-36 . 208 . Ammunition . The term "ammunition, " as used in this chapter, shall include any ammunition for use in any pistol or ORDINANCE NO. 95 - _59 2 revolver from which is expelled a projectile by the force of explosion or other form of combustion . (Ord. 95-59 1 . ) 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. 95-59 S 1 . ) Article 82-36 . 4 Applications . 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; ( 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 ORDINANCE NO. 95 -59 3 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. (Ord . 95- 59§ 1 . ) 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 -59 § 1 . ) 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 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 ORDINANCE NO. 95 - 59 4 storage, security and a lighting system. (Ord. 95 - 59 1 . ) 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 ) 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; ( 2 ) Maintain a . record of ammunition purchases as provided in article 82-36 . 10 . ( 3 ) 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 - 59 § 1 . ) 82-36 . 608 Granting. Land use permits for the sale of ORDINANCE NO. 95 - 59 5 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 - 59 § 1 . ) 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 §§ 12070 , 1.2071 ) r 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 compensatory fees and costs for such permit as established by the Board of Supervisors pursuant to recommendation of GMEDA. (Ord. 95 59 § 1 .,) 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 ORDINANCE NO. 95 - 59 6 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 S 12071 (b) ( 13 ) ) , and security storage requirements for each firearm (Pen. Code 12071 (b) ( 14 ) , 15, (c ) ( 3 ) ) ; ( 5 ) Proof of the issuance of a land use permit at the proposed 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 ofa license or permit relating to firearms , including but not limited to date and circumstances of the revocation; ORDINANCE NO. 95 7 ( 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 and ( 9 ) Payment of nonrefundable compensatory fees for administering this chapter in amounts to be established by resolution of the Board of Supervisors . (Ord. 95 - 59 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 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 §§ 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 ORDINANCE NO. 95 - 59 8 prevent the unintentional discharge of the firearm; and ( 4 ) The licensee shall maintain a record of all ammunition sales as provided in article 8.2-36 . 10 ; and ( 5 ) The licensee shall obtain and maintain any necessary local licenses , including a business license. (Ord. 95 - 59 § 1 . ) 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 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 federal , state and county ordinances ; including but not limited to the California Penal Code' and applicable building and fire safety regulations . (Ord. 95 - 59 § 1 . ) 82-36 . 810 . Renewability of Firearms Dealer license . A firearms dealer license expires one year after the day of issuance . ORDINANCE NO. 95 - 59 9 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 - 59 § 1 . ) 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 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 and the transferee' s signature . (Ord . 95 - 59 § 1 . ) 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 ORDINANCE NO. 95 - 59 ' 10 any time during normal business hours by GMEDA or his or her designee. (Ord . 95 - 59 § 1 • ) 82-36 . 7.006 . 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 - 59 § 1 . ) 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 a firearms dealer license renders the license void. (Ord. 95 - 59 § 1 • ) 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 - 59 SECTION II . EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of supervisors , voting for and against it in the . CONTRA COSTA TIMES a newspaper published in this County. (Gov. Code §§ 25123 & 25124 . ) ORDINANCE NO. 95 - 59 11 PASSED ON November 28 , 1995 by the following vote: AYES : Supervisors Rogers , Smith, DeSaulnier, Torlakson and Bishop NOES : None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: - clv IJeputy BoarA Chair [SEAL] djs-5\A:\firearms.ord ORDINANCE NO. 95 - 5-1 12 AGENDA MATERIAL RECEIVED AFTER THE AGENDA ---- PACKET WAS ASSEMBLED :f ,i OFFICE OF THE COUNTY ADMINISTRATOR CONTRA COSTA COUNTY Administration Building 651 Pine Street, 11th Floor Martinez, CA 94553 DATE: November 21, 1995 TO: Supervisor Gayle Bishop Supervisor Jim Rogers Supervisor Jeff Smith Supervisor Mark DeSaulnier Supervisor Tom Torlakson FROM: Claude L. Van MafRGARDING sistant County Administrator SUBJECT: DELIBERATION ADOPTION OF AN ORDINANCE REGULATING GUN DEALERS IN NON-RESIDENTIAL, UNINCORPORATED AREAS OF THE COUNTY On the Board's agenda for Tuesday, November 28, 1995 at 2:45 P.M., we have placed consideration of the adoption of the attached Ordinance, which regulates gun dealers in non-residential, unincorporated areas of the County, but does not regulate gun dealers in residential areas of the County, on the basis that current land use regulations already prohibit a gun dealer from selling firearms from his or her home (residentially zoned unincorporated area of the County). PROVISIONS OF THE PROPOSED ORDINANCE: The attached draft Ordinance does all of the following: Applicable to existing non-residential gun and ammunition dealers U Require a license from GMEDA, including an application and all related materials as noted below, except for the land use permit. Applicable to future non-residential gun dealers and to existing non-residential dealers in cases where the use is increased, enlarged or expanded GENERAL REQUIREMENTS: ❑ Require that any necessary local licenses, including a business license, be obtained and maintained. ❑ Have in force $1,000,000 of general liability insurance.- ❑ Require that all firearms be sold with a trigger lock. ❑ Comply with all State and Federal statutory requirements for the sale of firearms and ammunition and reporting of firearm sales. ANNUAL LICENSE REQUIREMENTS: ❑ Require an annual license from GMEDA and permits GMEDA to set guidelines for the issuance of the license. ❑ Require an application annually for a local firearms dealer license, which must include: ✓ Name, age and address of the applicant. ✓ Address of the proposed location for the sales. ✓ Proof of a possessory interest in the property at which the sales will take place. ✓ Proof of compliance with all Federal and State licensing laws. ✓ Proof of the issuance of a land use permit, if required. ✓ Information regarding weapons sought by the applicant from other jurisdictions, including whether each application resulted in the issuance of a license. ✓ Information relating to every revocation of a license or permit relating to firearms. ✓ Agreement to indemnify the County against all claims arising out of the applicant's negligence or intentional or willful misconduct. -2- ✓ Certification of satisfaction of insurance requirements. ✓ Payment of fees established by the Board of Supervisors. ❑ Pay an annual compensatory fee for the license. AMMUNITION RECORD-KEEPING REQUIREMENTS: ❑ Require maintenance of records for ammunition sales and transfers, including: ✓ Date of transaction. ✓ Name, address and date of birth of transferee. ✓ Driver's license or other identification number. ✓ Brand, type and amount of ammunition transferred. ✓ Transferee's signatures. ✓ Right thumbprint or set of fingerprints from the transferee. LAND USE PERMIT REQUIREMENTS ❑ Submit an application for a land use permit containing: ✓ Description of where the sales will take place. ✓ Name and address of each owner and tenant. ✓ A description of all firearms and ammunition to be sold. ✓ Description of security measures. ✓ Identification of any other dealer sales sites within 500 feet. ✓ How the applicant will comply with the liability insurance requirement. ❑ Require a land use permit. Require findings that the site is: ✓ Not a residentially zoned area. -3- r ✓ Not within 500 feet of a residentially zoned area. ✓ Not within 500 feet of a: O school O daycare O park O on-site alcohol sales O off-site alcohol sales O church O existing firearm dealer's sales site ✓ Provides for adequately secure storage, security and lighting system. From reviewing the transcript of the Board's discussion of this item on November 14, 1995, we have concluded that the Board requested the following information, which we have requested staff from the Health Services Department and Community Services Department to provide: A. Information from staff on the ammunition registration and sales information, including what use the County would make of the information, does it help law enforcement agencies connect a crime scene with an individual to know who bought certain ammunition? B. Information from the responsible Federal agencies regarding why they recommended abandoning the registration of ammunition sales? C. What information do we have or can we obtain from other cities or counties which have implemented the ammunition provisions regarding what their experiences have been and what use they have made of the data they collected or required be maintained. D. Information from staff regarding how much it would cost to implement and enforce just the ammunition provisions cost compared with the rest of the ordinance? E. Information from staff on the cost to implement and enforce the trigger lock provisions of the proposed ordinance. -4- F. How much of what the Board wants to.achieve in terms of added safety can be accomplished through the State registration pursuant to Penal Code Section 12071 without the need for an additional local ordinance? G. What commercially or industrially zoned areas would remain available for new gun dealers if the.500 foot exclusion zone from various types of facilities is included in the final ordinance? We will provide as much of this information as possible by the close of business on Wednesday, November 22, 1995. However, because of the holidays on November 23 and 24, 1995, it may not be possible to complete all of the staff work, in which case we will fax the balance of it to you on Monday, November 27, 1995. In your deliberations over the adoption of the Ordinance, we would recommend that the Board consider the following recommendations: 1. ADVISE the.Bureau of Alcohol, Tobacco & Firearms (ATF) of existing law and any proposed changes in existing law in this County having to do with the regulation of gun dealers in the unincorporated areas of the County and request that ATF take those laws into account in granting applications for Federal Firearms Licenses (FFL's) and in renewing existing FFL's. 2. DESIGNATE the Director of the Growth Management and Economic Development Agency (GMEDA) to be the "duly constituted licensing authority" in the unincorporated areas of Contra Costa County pursuant to Penal Code Section 12071 and direct the Director, GMEDA to implement the provisions of Section 12071 having to do with accepting applications for and granting licenses permitting licensees to sell firearms at retail within the unincorporated areas of the County. 3. If the Board of Supervisors wishes to pursue an Ordinance, then staff would suggest that the Board adopt some or all of the draft Ordinance which is attached and which is summarized as noted above. 4. DIRECT the County Administrator to report to the Board of Supervisors during the month of May, 1996 on the number of federally licensed gun dealers in the,. County and any changes from the number of federally licensed gun dealers as of October, 1995 so the Board can determine whether any additional steps need to be taken to regulate gun dealers in the unincorporated area of the County. -5- CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 21, 1995 TO: Board of S pervisors l FROM: Dennis M. Barry, Dep ty Director SUBJECT: QUESTIONS REGARDING PROPOSED GUN AND AMMUNITION DEALERS ORDINANCE After the close of the subject hearing on November 14, 1995, your Board requested that staff research and report on certain questions related to the draft ordinance provisions. There were three areas of inquiry relevant to the Community Development Department. These included the cost of enforcing only the record of ammunition sales article, the cost to enforce the trigger lock provisions and whether the draft sections related to additional findings needed to support an approval of a land use permit under the ordinance were so restrictive as to amount to a total ban on new establishments selling guns and ammunition. With regard to the first two issues related to cost, the added, or marginal cost of these two activities would be minimal in comparison to the costs to which they attach. The extra cost of the ammunition registration, once the licensing activities are otherwise in place would be the average cost over all licenses of creating, printing and distributing the forms prescribed by GMEDA. There would also be minimal administrative costs to retain, review and disseminate the information, should that be requested. In general, staff suggest that these costs could be passed on to the users in the form of charges and fees. The trigger lock requirement is included as a condition of approval of a license pursuant to Section 82-36.806(3). Since it is related to the issuance of the license, the cost of enforcing the trigger lock provision would be included in the licensing fees established by the Board for the cost of GMEDA administration of the license provision. Therefore, there would be no net County cost. f Board of Supervisors Gun and Ammunition Dealer Ordinance Page 2 Regarding the question of the restrictiveness of the ordinance amounting to a total ban on new establishments, staff has not had the opportunity or resources to plot 500-foot radii from every potential R-B (Retail-Business) location in the unincorporated area. However, having carefully reviewed all of the County's zoning ordinance maps, a few qualified generalizations may be made. The qualifications are based upon the staff's lack of a list or plot of all the locations of schools, day care facilities, parks, establishments that have on-site and off-site alcohol sales, places of worship, or existing fire arm dealer sites. Further, staff is not in possession of all the city zoning maps, but assumes that the exclusion from residentially zoned areas includes such areas within cities. Staff review included the Countywide General Plan map which includes land uses within the cities. Based upon our review, the adoption of the proposed ordinance would not constitute a complete ban on the location of new gun and ammunition dealers from the unincorporated areas of the County. However, it should be noted that there are very few sites which would qualify under the proposed criteria, even without considering the lack of information on the above-mentioned factors. In general, the areas identified are zoned R-B (Retail Business), C-M (Controlled Manufacturing), H-I (Heavy Industrial), and L-I (Light Industrial). With the exception of the R-B zoning District, all of these Districts would require the issuance of a land use permit to establish a gun or ammunition dealer site under present code requirements. Of the remaining R-B zoned sites, few are proximate to existing established commercial areas (e.g., the area left zoned R-B within the agricultural core, is surrounded by agricultural zoning). Based on the foregoing analysis of the County's zoning requirements and zoning maps, staff finds that while adoption of the proposed Ordinance would not amount to a total prohibition of new gun and ammunition dealer locations, there are few locations that would qualify under the proposed Gun and Ammunition Dealer Ordinance. DMB:gms pl6:Gun&Ammo.mem cc: County Administrator County Counsel Clerk of the Board of Supervisors PREVENTION PROGRAM DATE: November 27, 1995 TO: Claude L. Van Marter, Assistant County Administrator FROM: Wendel Brunner, MD Public Health Director SUBJECT: RESPONSE TO INFORMATION REQUESTED BY THE BOARD OF SUPERVISORS ON GUN DEALER ORDINANCE In response to your memo of November 16, 1995.the Health Services Department has reviewed the questions you outlined. In addition to responding to items A, B, C and F, as you have suggested, we have also included additional recently obtained information relative to items D and E as well. We have contacted the cities of Pasadena, Oakland, Richmond, and the Bureau of Alcohol Tobacco and Firearms (BATF) to obtain the information requested by the Board of Supervisors. ♦ The City of Pasadena is the city that requested the Attorney General's opinion regarding their proposed ordinance regulating.ammunition, including purchaser registration. ♦ The City of Oakland has had their dealer ordinance in.effect for three years and their police department conducts close monitoring of guns dealers: Additionally, they are very experienced in the forensic treatment of firearms and ammunition in criminal investigations. ♦ The City of Richmond has had its dealer ordinance in effect for a year now and has worked cooperatively with.the ATF in its enforcement. ♦ The Bureau of Alcohol, Tobacco and Firearms (BATF) is the agency that was responsible for enforcement of the federal ammunition registration program between 1968 and 1986. The following answers correspond to the questions as listed in your memo of November 20, 1995. A. The ammunition registration program would serve several different objectives. First, registration of the sale serves as a deterrent to both juvenile and career criminal purchases. 75 Santa Barbara Road Plea Sant Hill California 94523-4200 q Co''ntra . Cos'ta `Cou`nty Health Servic.es.` Depart.ment 510 • 646 • 6511 FAX 510 • 646 • 6520 email • HN0051 @ hand5net.org Second, for law enforcement it provides clues and information on any unusual patterns in purchasing or purchases by known associates of criminals. The register can also be used in providing circumstantial evidence linking ammunition to a purchaser., Third, in the case of defective ammunition, selling of armor-piercing ammunition or a recall of ammunition, the register will greatly facilitate consumer notification. Sergeant Mike Meza of the Pasadena Police Department was interviewed by telephone regarding their ammunition registration program. He said that since the ordinance passed in December 1994, they have noticed that when juveniles are caught with a firearm, they are using a mix of ammunition brands. He interpreted this to mean that registration has made it more difficult for minors to purchase ammunition from the dealers and therefore have to turn to a number of sources to obtain any quantity. Sergeant Meza agreed when asked if the addition of a fingerprinting requirement would enhance their program. He said that it would probably cut down on straw purchases because of the increased scrutiny. He added that fingerprints are routinely taken in pawn shops when people pawn items, including guns. He felt that if law-abiding persons have to provide fingerprints at a pawn shop, that requiring the same of ammunition purchasers would constitute a minimal intrusion compared to its potential benefit. Sergeant Randy Gaston of the Oakland Police Department was also interviewed by telephone. Sergeant Gaston stated that if the proposed Contra Costa ammunition purchaser registration program with the fingerprints were in effect on a regional basis, e.g. the East Bay Corridor, it would be of substantial utility to local law enforcement in criminal investigations and prosecutions. The establishment'of the ammunition registration program with fingerprinting will close the loop, facilitating the tracing of information at the local level. Beside'tlie deterrent effect on juveniles and career criminals,_it also provides a mechanism to verify the identification of the purchaser through the CalID program and to more accurately link specific ammunition to purchasers and their guns.-The Police or the Sheriff's Department can routinely scan the fingerprints in the ammunition register to determine if the names indicated match the names in CalID. B. A comparison of the proposed Contra Costa ammunition registration program to the federal program in existence at the federal level prior to McClure-Volkmer, indicates differences and similarities. The federal program,required that dealers maintain records of the ammunition that could be chambered for handguns that they received from the manufacturers as well as a record of purchasers of that type of ammunition. The Contra Costa program creates a register for all types of ammunition at the point of sale between dealers and purchasers. According to Dennis Anderson, spokesperson for the regional office of BATF, the federal program required dealers to have a special FFL to sell ammunition and that they had to maintain invoices of receipt of ammunition from the manufacturers and a record of 2 disposition. Even though the program was designed to deter minors from purchasing handgun ammunition, the federal program did not prescribe any sort of identification nor did the purchaser have to sign the register. As such it provided little information that was useful to law enforcement. C. The discussion with Sergeant Meza of Pasadena indicated that they routinely screen the ammunition purchaser registers to keep track of who is purchasing and how much they are purchasing. Their system identifies if there have been people who have been buying unusually large amounts of ammunition. They-also screen for names of persons known to associate with career criminals. D. According to Sergeant Meza there is no direct cost to the police department or the city because the record keeping requirement applies only to the dealers. The information is provided to the police department routinely, as well as by special request or during inspections. The registers therefore become an additional piece of police intelligence on the flow of firearms and ammunition in their jurisdiction. Sergeant Marc Hildebrand of the Richmond Police Department, in a telephone interview, advised that if the ordinance were to be adopted as originally proposed, the remaining field of dealers in commercial or industrial areas would be relatively small. In Richmond in the year since its Gun Dealer Ordinance was adopted, the police department has not received a single application for a gun dealer permit, nor did any existing, non-conforming dealers come forward to be grandparented-in. Thus, the city has encumbered absolutely no costs in administering this program, once more attesting to the effectiveness of the fee-for-permit process. E. There are no costs to the county to implement and enforce the trigger lock provision of the ordinance. The requirement to sell trigger locks with all firearms sold by the dealer is simply a condition of doing business. Compliance would be ensured through normal inspections where a receipt of the sale, including the trigger lock, would be available. A survey of local gun dealers listed in the Yellow Pages in Contra Costa indicates that about half.of them sell trigger locks and that,the retail price ranges from $10.00 - $15.00 for the most common type, Masterlock. One store had.four different models with the top-end price of $30.00. F. Penal Code 12071 (b)(15) provides for jurisdictions under 200,000 population, such as the unincorporated area of Contra Costa County, to exercise their option of requiring the same secure facility and storage measures of gun dealers in their jurisdiction as the state requires of gun dealers in larger jurisdictions as listed in PC 12071 (b)(14). PC 12071 (c)(3) is the state's definition of a secure facility as referenced in 12071 (b)(14). Minimally, a local ordinance would need to be established to exercise this local option. The Suter et al v. The City of Lafayette decision indicates that Penal Code 12071 establishes a minimum state standard for safe operations and that additional safety measures such as 3 trigger locks, liability insurance and the ammunition registration are allowable requirements at the local level. If any part of this memo needs clarification please do not hesitate to contact me as soon as possible. 4 DEC-06-1995 09:53 JM 11ARKETING PR 510 947 4414 P.01/04 J J JOHN MUIR MEDICAL CENTER FACSIMILE TRANSMISSION COVER PACE Number of pages including cover sheet: y DATE: TIME SENT: wJ TO: �., PHONE NUMBER: ----13 71 FAX NUMBER: FROM: , w Phone: (510)_ �-7 Fax: (5 10) 947-4414 CONTENTS: _-�✓11^'1L4/`1, /f/ su v' �/ MESSAGE: UEC:-06-1995 09:54 JM r1ARKETING & PR 510 947 4414 P.02iO4 Delia Mcmori,7111ospital Medical Cei7ter Jolm Muir Kaiser Pemlonenle A11C;7?01i,7j 110spital Aft. Diablo Afcdical Ccater Dear Community Leader: The Chief Executive Officers from the non-profit hospitals serving central and eastern Contra Costa County are writing to ask for your participation in a community needs assessment. This assessment will help identify needs and existing resources in the community. Representatives of these hospitals have been meeting in a collaborative effort to address, as a unified group, the health care needs of county residents. This collaboration began in response to state legislation enacted last year(SB 697) that requires private, non-profit hospitals to undertake a community needs assessment and develop a community benefits plan. As not-far-profit providers, we have historically given back to our communities in many ways; charity health care, in-kind services, financial and technical support to community groups, and community health education efforts, to name a few. Our institutions are grounded in and dedicated to community service, We have come together to i mprove the health of the residents of Contra C05ta.County. This is a long-terra commitment on our Dart. As a key leader and decision maker in your community, your input is critical Nt'e value your perceptions about health issues facing this region, and therefore we ask you to take a few minutes to complete the enclosed survey and return it in the envelope provided, or fax it to Libby Craig at 947-4414, by December 11, 1995. Thank you for your help with this vital effort, If you have any questions about this survey, please feel free to contact Libby Craig, John Muir Medical Center, at 947-3391 or Richard Thomason, Kaiser Permanente, 295-5090. J. Kendall Anderson, PresidentiChief Executive Officer Frank Puglisi, Executive Director John Muir Medical Center Merrithew Memorial Hospital &Health Centers 7ovice Berger, Vice President and Area Manager Michacl Wall, PresidenUChicf Executive QiFicer North East Bay Customer Service Area, Kaiser Permanente Mt. Diablo Medical Center Linda Horn, Administrator Delta'Memorial Hospital DEC-06-1995 09:54 JM MARKETING & PR 510 947 4414 P.03/04 COMMUNITY,PRIORITY HEALTH {NEEDS SURVEY Name Title (1) Agency/Organization Address Telephone T Please rate the following health problems by circling the appropriate number. How important do you perceive these How adequate are currently available problems to be for the residents of our services and resources to prevent community? or treat these problems? Not Not at all Slight Moderate Serious Severe at all Inadequate Adequate Good Excellent (2) Acute illness and injury (requiring 1 2 3 4 5 1 2 3 4 5 (34) emergency care) (3) Smoking related diseases (heart 1 2 3 4 5 1 2 3 4 5 (35) - attacks, stroke, some cancers) (4) Diabetes 1 2 3 4 5 1 2 3 4 5 (36) (5) Nutritional disorders (obesity, 1 2 3 4 5 1 2 3 4 5 (37) anorexia, cholesterol, etc.) (6) Health problems of pregnant 1 2 3 4 5 1 2 3 4 5 (38) women (7) Cancer 1 2 3 4 5 1 2 3 4 5 (39) (8) Childhood illnesses 1 2 3 4 5 1 2 3 4 5 (40) (9) physical abuse of children 1 2 3 4 5 1 2 3 4 5 (41) (10) Sexual abuse of children 1 2 3 4 5 1 2 3 4 5 (42) (11) Violence to women 1 2 3 4 5 1 2 3 4 5 (43) (12) Rape/Sexual assault 1 2 3 4 5 1 2 3 4 5 (44) (13) Violence to elders 1 2 3 4 5 1 2 3 4 5 (45) (14) Conflicts between youth 1 2 3 4 5 1 2 3 4 5 (46) (15) Teen sexual activity 1 2 3 4 5 1 2 3 4 5 (47) (16) Sexually transmitted diseases 1 2 3 4 5 1 2 3 4 5 (48) (17) H1V/Aids 1 2 3 4 5 1 2 3 4 5 (49) Lack of information about preventive health issues: (18) - For youth 1 2 3 4 5 1 2 3 4 5 (50) (19) - For elders 1 2 3 4 5 1 2 3 4 5 (51) (20) - For other adults 1 2 3 4 5 1 2 3 4 5 (52) -CorningWorks, 1995 DEC:-06-1995 09:55 TM MARKETING & PR 510 947 4414 P.04/04 How important do you perceive these How adequate are currently available problems to be for the residents of our services and resources to prevent community? or treat these problems? Not Not at all Slight Moderato Serious _Severe at gill Inadequate Adequate Good Excellent Substance Abuse (drugs and alcohol): (21) - In youth 1 2 3 4 5 1 2 3 4 5 (53) (22) - In elders 1 2 3 4 5 1 2 3 4 5 (54) (23) - In other adults 1 2 3 4 5 1 2 3 4 5 (55) (24) Work related health issues 1 2 3 4 5 1 2 3 4 5 (561 (25) Environmental health issues 1 2 3 4 5 1 2 3 4 5 (57) (26) Mental illness 1 2 3 4 5 1 2 3 4 5 (5$) (27) Lack of financial resources/ health insurance 1 2 3 4 5 1 2 3 4 5 (59) (28) Cultural flanguage. differences 1 2 3 4 5 1 2 3 4 5 (60) Appropriate and accessible primary care services for: (29) - Children 1 2 3 4 5 1 2 3 4 5 (61) (30) - Women 1 2 3 4 5 1 2 3 4 5 (62) (311 - Men 1 2 3 4 5 1 2 3 4 5 (63) (32) - Elderly 1 2 3 4 5 1 2 3 4 5 (64) (33) - Immigrants/Minorities 1 2 3 4 5 1 2 3 4 5 (65) Please list three health problems that you feel are of the highest priority at this time: (66) 1. (67) 2. (68) 3. To complete our data analysis, please provide the following personal information: (69) Gender: Male Female (70) Age: C 25_ 25.44 45.64 65+ (71) Family/Living status: Single _ Married _ Children at home (72) Community resident: 0-5 years _ 5-10 years _ 10 years or more Thank you for retirenrheri,ig to fill in your name and identifying information on the,first page! I f possible, please FAY your response to Lihhy Craig at (510) 947-4414. TOTAL P.04 26 November 1995 Dear Supervisors I again see where you are taking Handgun Control Inc.'s agenda into the Boardroom, and I am distressed. The finger printing of people who obey existing laws is at least a moral violation of their rights and an inference that they are future criminals, clearly against the concept of innocent until proven guilty. Mr. De Saulnier states in Sunday's CCT that he doesn't "think it will be punitive to law-abiding citizens" and I again ask the question WHY VIOLATE THE RIGHTS OF THE LAW-ABIDING? Let me put it into A DIFFERENT PERSPECTIVE: What if this legislation was to require that Supervisor De Saulnier had to finger print every patron at his bar each time they came in to help identify drunken drivers?Who's rights are being violated?Only the law-abiding, and they are not doing anything suspicious, are they? Who would suspect that they will violate the law driving home? How about Supervisor Rogers' clients: Since they are innocent of any infractions of the law, he shouldn't have any problem finger printing them prior to taking their cases, right? How about Supervisor Smith's patients?Would they scream if every time they went to see a doctor they were finger printed? You bet!!! I was on the second fire engine into a double shooting in Concord last week, and the young hoodlums should have gone to jail instead of going to the hospital. But they were 'innocent' they proclaim! Yeah, sure. What were nine early teens doing at a closed shopping center, dressed like hoods and jumping fences? What did they do to provoke the attack? We will likely never hear the truth. In Richmond, the people know who the killers are, but decline to even use the WE-TIP phone number. Has that stopped the drug dealers in that city?No. If you could get the guns away from the criminals, they would go back to using knives, clubs, and chains like was done in earlier years and is done in Canada today. Lets get after the perpetrators of crimes, not make the law-abiding prove their innocence. Put more money into the sheriffs dept. now that you won't have Finucane to do their "work" for them through his medical budget. Respectfully, - RECEIVED hohnMulhall Nov 2.7 156 Loralee Place Pleasant Hill, Calif 94523 CLERK BOARD OF SUPERVISORS CONTRA COSTA►CO. 680-1798 /1tt;4 �rti .Request to Speak Form � ( THREE (3) MINUTE LIMIT Complete this form and place it In the box near the speakers' nsbum before addressing the Board. Nance ��� re- aiy IS I am spealdng for myself �or organization: �K opt o�,�nttatio� . CHECK ONE: 1 wish to speak on Agenda Item #,L�L Date• My coi mob will be: general for..j*Wnd 1 wish to speak on the subject of . 1 do not wish to gmk,but ve these comments for the Board to confider Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board 4 2.A 44-0" 'lw - 7S--7 -2 i 9-3 11�ddr+ess: o � � 2. C3t�r: A ,j-r-, 1 am speaking for myself_Or own of a=ant:atioN CHEa ONE: 1 wish to Wuk an Agenda Item #.L�. �/ zF/9s- My coi ui will be: general_forte . i wish to speak an the subject of - f� i do not wish to speak but leave these comments for the Board OOner: / 3. Request to SPeak Form (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' mum before addressing the Board. 1-�, w10 NT)�-_- rig.,. �N '�l•NU� �''�.LZ=�[, 1 am speabng for mysel f or . ane of wym1 19 CHECK ONE: 1 wish to speak on Agenda Item Ali. Dat -2M-q'S� My nents will be: general _ior c� _ 1 wish to speak on the subject of - 1 do not wish to speak but leave these oomnnents for the Board to cam den Request to SPeak Form ( THREE (3) MINUTE LIMIT complete this form and place it in the box nar the gwalceW rostrum before addressing the Board. .Nancel 6��1 l l=L z- [.;r-S eq 1v9 Z - z ? wddreas 17?� C�/Y7 1`L-L G"t- 1 am speaking for myself—L::�or ' omm of orytnitatioN GUCK ONE _ I wish to Weak on Agenda Item #.2L�L Dat l Mr comments will be: general _for rsct 1 wish to Weak on the KdOd of_(��.n/ c M n/,v A/,,2 . 1 do not wish to Weak but kave these corm awls for the Board to coraider: P Request to S eak Form ( THREE (3) MINUTE LIMIT) Cwwlete this form and place it in,the box near the speakers' mum before addr+essin�g the Board. {ate . D,8 3 Qyl� ��v� C 1 am speWdng for ovyselarm 5 . aan�e d . CHECK ONE: 1 wish to speak on Agenda Item �_ oat My comments will be: General _�gai ..�_. 1 wish to speak on the subject of _ r7 0 Q N C 6 1 do not wish to speak but leave these c inui eats for the Board to consider. Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' mstrum before addressing the Board I on speaking for myself. or ' d �e d apntsatioN CHECK ONE: wish toWeak on -�'�`�` pie. I 9 Item # My comments will be: general _tor i wish to speak on the subject of Arnv-vtr_ - 1 do not wish to speak but leave these comments for the Board to consider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: IDV 7 g S CoNcorA 1 am speaking for myself zor tname of a�ntsatioN CHECK ONE: 1 wish to speak on /Xenda M*n #.L. 11 /ag/q JAy comments will be: general _Oor . 1 wish to speak on the subject of _,_,_ 1 do not wbh to speak but leave these comments for the Board Request to Speak Form ( THREE (3) MINUTE UMIT) Complete this form and place It in the box near the speakers' rostrum before addressing the Board. Name: 7 7d t c� b 6 o �`fin ciey. 1 am Weaking for myself✓✓or owaz tion: oum Of CHECK ONE: 1 wish to speak on Agenda Item #= My comments will be: general _ r� 1 With to speak on the abject of _ 1 do not wish to speak but leave these cornrne ib for the Board to cors�ider= - Request . to Speak Form (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: 1V1q1WeA,1 Or am speaking for —tl�orp� One of o�nfsatfoN CHECK ONS 0 i I wish to speak an Agenda Iters # mems will be: for My oom general_ I wish to speak an the mg*d of . do not wish to speak but leave these comments for the Board to r n Ider: Request to Speak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: _Phone: 3 cbO-73 Address: LhI -gam e41S'1— Z1"vA9- City: 1 am speaking for myselfzor organization: (name of organization) CHECK ONE: wish to Weak on Agenda Item #^! Date: L f( '�� sp My comments will be: general _for against 1 wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider. Request to Speak Form (THREE (3) MINUTE LIMIT Complete this form and place it in the box near the spwkeW estrum before addressing the Board. -Nance Arn� phone: �48 '�I'22-o��`a I1ddr+es� 24� N �l►3� t- i clinr s 1 am Weafdng for myself_or levee of CHEO( ONE I wish to speak on Agenda Item #.2L;. My comments will be: General_tor_,tgain�t _ 1 wish to speak on the subject of - _ i do not wish to speak but leave these comments for the Board to considers P Request to S eak Form ( THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: UEL L s A M . F. 5 u7MF.- Address: 1 C 19► s( ryr ciity:_QsNo LE c A c14541 ex 1 am in form ty or organization; speaking . yre (name of organization) CHEC!�ONE: 5 1 wish to Weak on Agenda Item # 'a Date: My comments will be: general isr against ✓ . wish to speak on the subject of 1�i wish to but leave these comments for the Board to consider: • Request to Speak Form ( THREE (3) MINUTE LIMIT) Cbmpiete this form and puce it m ttie_box near the speakers' rostrum before addressing the Board. rltone:�S�/d� Address: 1 am Wealdng for " one of oryntsatjoN CHECK ONE: _ 1 wish to speak on Agenda Item #_a.- VDaft My comments will be: general 1 wish to speak on the subject of 1 do not wish to speak but leave these comments for the Board to consider: