HomeMy WebLinkAboutMINUTES - 03042003 - C20 ORDINANCE NO. 2003-09
FIREARMS DEALER LICENSES
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes
from the official text of the enacted or amended provisions of the County Ordinance Code):
SECTION I. SUMMARY. This ordinance amends Section 82-36.806 of the County Ordinance
Code to make it consistent with the Aroner-Scott-Hayden Firearms Safety Act of 1999. This
ordinance makes compliance with state and federal laws relating to firearms safety devices a condition
of approval for a firearms dealer license and makes a failure to comply with this condition a cause for
license revocation. This ordinance also clarifies Ordinance No. 99-25 by replacing all references in
Chapter 82-36 to the director of the former Growth Management and Economic Development Agency
(GMEDA) with references to the Community Development Director. Ordinance No. 99-25 had
substituted the Community Development Director for the.Director of GMEDA as the local firearms
dealer licensing authority.
SECTION II. Section 82-36.202 of the County Ordinance Code is amended to read.
82-36.202 Purpose and administration.
(a) 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
healthy, 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 regulations.
(b) Administration. For purposes of this chapter, whenever the term"director" is referenced, it
shall mean the director of the community development department or his or her designee.
(Orris. 2003-09 § 2; 99-25 § 4; 95-59 § 1.)
SECTION III. Section 82-36.204 of the County Ordinance Code is amended to read.
82-36.204 Nonconforming use.
Upon the effective date, (December 28, 1995)of this chapter, any person who claims or believes that
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he or she has established a legal nonconforming 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 and obtain a firearms dealer license as
provided in Article 82-36.8. To the extent such legal nonconforming 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.
(Ords. 2003-09 § 3; 95-59 § 1.)
SECTION IV. Section 82-36.606 of the County Ordinance Code is amended to read:
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 thirty days of obtaining a land use permit and prior to any sales, first obtain a local
firearms dealer license from the director, 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 the;director 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(Penal Code Section 12476), including the provisions of
California Penal Code Sections 12470 and 12071, including but not limited to the statutory
requirement that all thefts of firearms be reported within forty-eight hours of discovery to the
sheriff(Penal Code Section 12071(b)(13)), and within thirty days of a written request by the
director,provide proof of such compliance. (Ords. 2043-09 §4; 95-59 § 1.)
SECTION V. Section 82-36.802 of the County Ordinance Code is amended to read:
82-36.802 Licensing authority.
The director is designated as the local licensing agent for purposes of Penal Code Section 12471,
relating to firearm sales. As the local licensing agent,the director will, as he or she deems necessary,
administer applicable provisions relating to firearm sales(Penal Code Sections 12070, 1207 1)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
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recommendation of the director. (Ords. 2003-09 §5; 95-59 § 1.)
SECTION VL Section 82-36.804 of the County Ordinance Code is amended to read:
82-36.804 Local firearms dealer licenses.
In accordance with the provisions of Penal Cade Section 12071, the director, as the local licensing
authority, shall accept applications for and may grant licenses valid for one year(Penal Cade Section
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 the director:
(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 farm of ownership, lease, license or other entitlement to operateat such location and the
written consent of the owner of record of 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(Penal Code
Section 12071 (b)(13)), and security storage requirements for each firearm(Penal Code
Sections 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;
(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 wilful misconduct;and
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(9) Payment of nonrefundable compensatory fees for administering this chapter in amounts to be
established by resolution of the board of supervisors. (Ords. 2003-09 §6; 95-59 § 1.)
SECTION VII. Section 82-36.806 of the County Ordinance Code is amended to read:
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
the director.
(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 identify requirements for
purchasers, storage of firearms,recording and reporting of firearms sales transactions, and
posting of required notices on the premises (penal Code Sections 12071, 12076).
(3) Compliance with all requirements of applicable state and federal laws relating to firearms safety
devices, including but not limited to Penal Code Sections 12087 through 12088.8.
(4) The licensee shall maintain a record of all ammunition sales as provided in Article 82-36.10.
(5) The license shall obtain and maintain any necessary local licenses, including a business license.
(Ords. 2003-09 §7; 95-59 § 1.)
SECTION VIII. Section 82-36.808 of the County Ordinance Code is amended to read:
82-36.808 Grounds for license denial.
The director may deny the issuance of a renewal of a firearm dealer's license when one or more of the
following conditions exist:
(1) The applicant is under twenty-one years of age;
(2) The applicant is not licensed as required by federal, state and local law;l
(3) The applicant has had a firearms permit or license previously revoked or denied for good cause
within the immediately preceding two years;
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(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. (Orris. 2003-09 §8; 95-59 § 1.)
SECTION IX. Section 82-36.810 of the County Ordinance Code is amended to read-
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 Section 82-36.804. Upon
receipt of the fee and new application, the director 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 the director no later than forty-five days before the expiration of the current license.
(Orris. 2003-09 § 9; 95-59 § 1.)
SECTION X. Section 82-36.1002 of the County Ordinance Code is amended to read:
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 fallowing information on a form to be prescribed by the director: 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. (Orris. 2003-09 § 10; 95-59 § 1.)
SECTION XI. Section 82-36.1004 of the County Ordinance Code is amended to read:
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 years from the date of the recorded transfer. These records are subject to inspection
by the director at any time during normal business hours. (Ords. 2003-09 § 11;'95-59 § 1.)
SECTION XII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,and
within 15 days of passage shall be published once with the names of the supervisors voting for and
against it in the Contra Costa Times, a newspaper published in this County.
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PASSED ON Mardi 4, 2003 by the following vote:
AYES: RJPERVM GIOIA, iTILERM, GLOVM & Lam=
NOES: ME
ABSENT: N
ABSTAIN: NM
DISTRICT III IS VACANT
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors oard Chair
and County Administrator
F
By: f [SEAL]
Deputy
TLG:
HAMOMoard of SupervfsorsVirearms ord amend##.wpd
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