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HomeMy WebLinkAboutORDINANCES - 11281995 - 95-59 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 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 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 NO regulations . (Ord . 95- 59 _ § 1 . ) 8.2-36 . 204 Non Conforming Use Upon the effective date (pprpmher 2s , 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 - 59 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 1 . ) Article 82-36 . 4 Applications . 82-36 . 402 Application Contents . In addition to the applicable requirements of chapters 2.6-2 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 O IN - L — 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 § l . ) 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 NO. - 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 RD AN 9 - 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 , 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 compensatory fees and costs for such permit as established by the Board of Supervisors pursuant to recommendation of GMEDA. (Ord . 95 59 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 ) , 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 of a license or permit relating to firearms , including but not limited to date and circumstances of the revocation; 0 O. 9 ( 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 § 1 . ) 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 O I C 9 - 59 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 -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 S 1 . ) 82.-36 . 810 . Renewability of Firearms. Dealer license . A firearms dealer license expires one year after the day of issuance. I N - 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 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 JQ DI - any time during normal business hours by GMEDA or his or her designee . (Ord . 95 - 59 § 1 . ) 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 - 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 § 1 . ) 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 . ) R O. - 59 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 CL 0 By: o puty Boar Chair dj -5 (firearms rd�