Ordinance 2636CITY OF ALAMEDA ORDINANCE NO.
New Series
2636
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDINGSECTION 4-36 TO ARTICLE V (FIREARMS AND
EXPLOSIVES) , CHAPTER IV (OFFENSES AND PUBLIC
SAFETY) , THEREOF PERTAINING TO LICENSE
REQUIREMENTS FOR FIREARMS AND MUNITIONS DEALERS
that:BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA
Section 1 The Alameda Municipal Code is hereby amended
by adding Section 4-36 to Article V (Firearms and Explosives),Chapter IV (Offenses and Public Safety), thereof to read:
4-36 License Requirements for Firearms and Munitions Dealers
4-36.This Ordinance shall be known a Firearms DealerRequirements.
4-36.Purpose. It is the purpose of this Ordinance toestablish, as authorized by State of California Penal Code section
12071 , a local licensing process for persons engaged in the business of selling, transferring, or leasing firearms andmuni tions and in related acti vi ties.
4-36.Definitions. The following words and phrases , whenever
used in this Ordinance, shall be constr-.ed as defined in thissection:
a. "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 an explosion or other
form of combustion.b. "Munitions" means any
substance for use with any firearm.projectile, or explosive
c. "Firearms dealer " means a person engaged in the
business of selling, transferring, or leasing, or advertising forsale, transfer , or lease , or offering or exposing for saletransfer, or lease , any firearm or municions and who holds a
federal firearms license Type 1 , 2 , 6 , 7 , 8 , 9 , 10 , or 11 ,under
Title 18 U.S. Code Chapter 44.d. "Engaged in the business" means the conduct of a
business by the selling, transferring, or leasing of any firearm or
muni tions; or the preparation for such conduct of business as
evidenced by the securing of applicable federal or state licenses;
or the holding of one I s self out as engaged in the business of
selling, transferring, or leasing of any firearm or munitions , or
the selling, transferring, or leasing of firearms or munitions inquantity, in series , or in individual transactions , or in any other
manner indicative of trade including a pawnbroker.e. "Pawnbroker" means
occupation includes the taking or
pawn, of any firearm or munitions
repayment of money.
any person whose business orrecei ving, by way of pledge or
as security for the payment or
f. "Person means natural person,
partnership, firm, cooperative or corporation.association
4-36.License Required. It shall be unlawful for any person to
engage in the business of operating or managing any business whichsells, transfers, leases, or offers or advertises for sale,
transfer, or lease any firearm or munitions without first
obtaining a firearms dealer license from the Chief of Police of the
Alameda Police Department. The license required by this Ordinance
shall be in addition to any other permits or licenses required by
law.
4-36.Application-Forms; Fees. An applicant for a license underthis Ordinance shall file with the Chief of Police a sworn
application in writing, on a form to be furnished by the city. The
applicant shall provide all information requested, including proof
of compliance with all applicable Federal, state , and local laws
when required by the Chief of Police, or the application will not
be deemed complete. The application shall be accompanied by a non-
refundable fee as set forth in the City of Alameda Master FeeResolution. To the extent practicable, the fee amount shall
reflect the cost of enforcing the rp-quirements of this Ordinance.
4-36.Application-Investigation. The Chief of Police shall
conduct an appropriate investigation to determine for the
protection of the public safety whether the license may be issued.
The Chief of Police may require additional information of an
applicant deemed necessary to complete the investigation. The
investigation shall be completed within 30 days unless unusual
circumstances exist justifying an extension of time. A written
determination of the circumstances and an estimate of the
addi tional time needed shall be provided to the applicant.
4-36.Application Denial. The Chief of Police shall deny the
issuance of a lic nse when any of the following conditions exist:
The applicant is under the age of twenty-one years.b. The applicant is not licensed as required by all
applicable Federal, state and local laws.c. The applicant has had similar type license
previously revoked or denied for good cause within the immediately'preceding two (2) years.
d. The applicant has made a false or misleadingstatement of a material fact or omission of a material fact in the
application for a license.
(1)
(2 )
(3 )
(4 )
(5 )
The applicant has been convicted of:
Any offenses so as to disqualify the applicant , or
an officer , employee , or agent thereof , from owning
or possessing a firearm under applicable Federal,
state, and local laws.
Any offense relating to the manufacturing, sale
possession, use , or registration of any firearm or
dangerous or deadly weapon.
Any offense involving the use of force or violence
upon the person of another.
Any offense involving theft , fraud, dishonesty, ordeceit.
Any offense involving the manufacture , salepossession, or use of any controlled substance as
defined by the California Health & Safety Code as
said definition now reads or may hereafter
amended to read f. The applicant is an unlawful user of any controlled
substance as defined by the California Health & Safety Code as said
def ini tion now reads or may hereafter be amended to read , or is an
excessive user of alcohol to the extent that such use would impair
his or her fitness to be a dealer in firearms.
g.
The applicant has been adjudicated as a mentaldefective, or has been committed to a mental institution,
suffers from any psychological disturbance which would impair his
or her fitness to a dealer in concealable firearms.h. The operation of the business as proposed will not
comply with all applicable Federal, State , or local laws , includingzoning ordinances.i. The applicant does not have, and or cannot provide
evidence of possessory interest in the property at which the
proposed business will be conducted. When the property is leased
or rented , the applicant shall provide written consent from the
owner of record of the property to conduct such business at theproperty.
4-36.Security. In order to discourage the theft of firearms
or munitions stored in the premises of a firearms or munitionsdealer, any person licensed under this Ordinance must adhere to
security measures as required by the Chief of Police. Security
measures shall include but not be limited to:
a. The provision of secure locks , windows , and doors
adequate lighting, and alarms as specified by the Chief of Police.b. storing of all firearms or munitions on the premises
out of the reach of customers in a secure manner, so that access to
firearms or munitions shall be controlled by the dealer or
employees of the dealer, to the exclusion of all others.
4-36.License Form. All licenses issued pursuant to this
Ordinance shall be in the form prescribed by the Attorney General
of the state of California.
4-36.10 License-Duration; Renewal. All licenses issued pursuant
to this Ordinance shall expire one year after the date of issuanceor automatically upon the revocation or expiration of the
licensee I s federal firearms license , whichever is earlier. Suchlicenses may be renewed by the Chief of Police for additional
periods of one year upon the approval of an application for renewal
by the Chief of Police and payment of a non refundable renewal fee.
Such renewal application must be completed and received by the
Chief of Police no later than Iorty-five days prior to the
expiration of the current license. Renewal applications may be
denied if the conditions set forth in section 4-36.7 exist.
4-36.11 License Assignment. The assignment or attempt to assign
any license issued pursuant to this Ordinance is unlawful and any
such assignment or attempt to assign a license shall render the
license null and void.
4-36.12 License-Conditions. Any J icense issued pursuant to this
Ordinance shall be subject to all of the following conoitions, the
breach of any of which shall be sufficient cause for revocation of
the license by the Chief of Police:a. The business shall be carried on in the building
located at the street address shown on the license. The licensee
shall notify the Chief of Police in writing within ten (+0) days of
any change in business location; such relocation shall require a
new inspection to ensure compliance with tnis section. A nonrefundable re-inspection fee will be required.
12074,
of the
remain
b. The licensee shall comply with Sections 12073
12076 , 12077 and 12082 and subdivision (b) of Section 12072
California Penal Code , to tr-9 extent that the provisions
in effect.c. The licensee shall maintain records of all
employees who will be engaged in the sale , lease , transfer or
delivery of firearms or munitions, identifying them by name
address , date of birth and social security number. The licensee
shall notify the Chief of Police in writing within ten (10) days ofany change in employees and submit the required identifying
information for each newly hired employee.
d. The licensee shall comply with the requirements of
this Ordinance.
4-36.13 License-Grounds for Revocation. In addi tion subsection 4-36., any provisions constituting grounds for denial
shall also constitute grounds for revocation.
4-36.License-Hearing.a. Any person whose application for a license under
this Ordinance or a renewal license has been denied, or whoselicense has been revoked pursuant to the provisions of thisOrdinance, shall have the right to a hearing before the Chief of
Police or a designee prior to final denial or prior to revocation.b. The Chief of Police shall give the applicant or
licensee written notice of the intent to deny the application or to
revoke the license. The notice shall set forth the ground orgrounds for the Chief of Police I s intent to deny the application or
to revoke the license , and shall inform the applicant or licensee
that he or she has ten days from the date of receipt of the notice
to file a written request for a hearing. The application may be
denied or the license revoked if a written hearing request is not
received wi thin the ten-day period.c. If the applicant or licensee files a timely hearingrequest, the Chief of Police shall set a time and place for thehearing. All parties involved shall have the right to offertestimonial, documentary and tangible evidence bearing on theissues, to be represented by counsel, and to confront and crossexamine any witnesses against them. Any person dissatisfied with
the decision of the Chief of Police may appeal to the City Council.
4-36.15 Appeals. Any person dissatisfied with a decision of the
Chief of Police may file an appeal to the City Council within thetime specified below. The appeal shall be made in writing and
filed with the City Clerk not later than fifteen (15) days after
the date written notice of the Chief of Police decision is made.
Failure to file in a timely appeal shall result in a waiver to theright to appeal. The appeal shall state in detail the factualbasis for the appeal.
An appeal fee shall be paid and shall consist of a processing
fee plus the actual cost to the City for retaining a hearing
officer if the appeal, or any portion thereof ,is not granted. Theprocessing fee shall accompany the request for an appeal., Theappeal fee shall be set by Resolution of the City Council.
36 .16 Applicants and licensees shall indemnify, defend, and
hold harmless the City, its officers , agents , and employees , fromclaims arising from the negligence of the applicants or licensees.
4-36.17 License-Authority to Inspect. Any and all investigating
officials including police and fire investigators of the city shall
have the right to enter the building designated in the license from
time to time during regular business hours to make reasonable
inspections to observe and enforce compliance with building,
mechanical , fire , electrical , plumbing, or health regulations
provisions of this Ordinance, and all Federal, State , and local
laws.
4-36.18 Compliance. Any person engaging in the business ofselling, transferring, or leasing, or advertising for sale,
transfer, or lease , or offering or exposing for sale , transfer, orlease, any firearm or munitions on the effective date of this
Ordinance shall have a period of 60 days after such effective date
to comply with the provisions of this Ordinance.
4-36.Temporary Suspension of Firearms Dealer License.a. If the licensee violates any Federal , State , County
or City law relating to firearms or involving firearms , the Chief
of Police may immediately suspend the firearms dealer I s license.
This temporary suspension will not exceed 3 days. If the violation
results in a criminal charge filed in court by a Federal, State , or
County District Attorney, such license to sell firearms or
muni tions may be suspended until the case is adjudicated in a court
of law.b. Notice of suspension shall be mailed to the
person(s) who made application for the license ap., shall
delivered to the address listed on the license.
4-36.Penalties .
a. Any person or entity, whether as principal , agent
employee , or otherwise , violating or causing or permitting the
violation of any of the provisions of this Chapter, shall be guilty
of an infraction for the first offense, or of a misdemeanor for any
subsequent offense(s) occurring within the one (1) year after thefirst. Upon conviction , the person convicted shall be punished in
accordance with section 1-5 (Penalty provisions) of this code.
4-36.21 Severability. This Ordinance shall be enforced to the
full extent of the authority of the City of Alamec-:. If anysection, subsection , paragraph , sentence or word of this Ordinance
is deemed to be invalid or beyond the authority of the City of
Alameda, either on its face or as applied , the invalidity of such.
provision shall not affect the other sections , subsections
paragraphs , sentences or words of this Ordinance and the
applications thereof; and to that end the sections , subsections
paragraphs , sentences and words of this Ordinance shall be deemedseverable.
Section 2 This Ordinance shall be in full force and effect
from and after the expiration of thirty (30) days date ofits final passage.
Attest:
'. (
1/ A "if' V ll j;ln!? /j7 l! '
a' (//I/1/' /A/.
/f f/
Clty Clerk
the undersigned hereby certify that the foregoingOrdinance was duly and regularly adopted and passed by the Council
of the City of Alameda in regular meeting assembled on the 7thday of September 1993 by the following vote to wit:
AYES:Councilmembers Appezzato, Arnerich , Lucasand Roth -
President Wi throw - NOES:
ABSENT:None.
ABSTENTIONS: None.
IN WITNFSS, WHEREOF , I have hereunto set my hand and affixed theoff icial seal of said City this 8th day of September , 1993.
Diane B. Felsch , City Clerkci ty of Alameda