Ordinance 3270CITY OF ALAMEDA ORDINANCE NO. 3270
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY ADDING
PROVISIONS TO SECTION 4-36 (LICENSE REQUIREMENTS FOR
FIREARMS AND MUNITIONS DEALERS) OF ARTICLE V (FIREARMS
AND EXPLOSIVES) OF CHAPTER IV (OFFENSES AND PUBLIC
SAFETY), REQUIRING FIREARMS DEALERS TO PROVIDE VIDEO
SURVEILLANCE
WHEREAS, gun violence and gun injuries have a significant adverse effect on public
health and safety; and
WHEREAS, gun violence is frequently facilitated by gun traffickers and individuals
who are not legally permitted to possess a firearm; and
WHEREAS, straw purchases of firearms raise the risk of crime and gun violence by
putting firearms in unsafe hands; and
WHEREAS, missing firearms with no records of sales make it difficult for law
enforcement to track and solve illegal activity; and
WHEREAS, video security surveillance of firearm sales provides law enforcement with
critical tools to solve certain crimes, including but not limited to straw purchases; and
WHEREAS, video security surveillance on the premises of firearms and munitions
dealers may deter and help solve theft and other crimes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
ORDAIN AS FOLLOWS:
Section 1. Section 4-36 (LICENSE REQUIREMENTS FOR FIREARMS AND
MUNITIONS DEALERS) of Article V (FIREARMS AND EXPLOSIVE) of Chapter IV
(OFFENSES AND PUBLIC SAFETY) of the Alameda Municipal Code is amended, as
follows (in redline; otherwise no change):
4-36.1 -Title tor Citation.
This section shall be known as Firearms Dealer License Requirements.
4-36.2 -Purpose.
It is the purpose of this section to establish, 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 and munitions and in related
activities.
4-36.3 -Definitions.
The following words and phrases, whenever used in this section, shall be construed
as defined in this section:
a. Firearms means as defined in Section 4.32.1.
b. Munitions means any projectile or explosive substance for use with any firearm.
c. Firearms dealer means a person engaged in the business of selling, transferring or
leasing, or advertising for sale, transfer or lease, or offering or exposing for sale,
transfer or lease, any firearm or munitions and who holds a federal firearms license
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 munitions; or the preparation for such conduct
of business as evidenced by the securing of applicable federal or state licenses; or the
holding of one•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 in quantity, in series or in individual transactions, or in any other manner
indicative of trade including a pawnbroker.
e. Pawnbroker means any person whose business or occupation includes the taking
or receiving, by way of pledge or pawn, of any firearm or munitions as security for the
payment or repayment of money.
f. Person means natural person, association, partnership, firm, cooperative or
corporation.
4-36.4 -License Required.
It is unlawful for any person to engage in the business of operating or managing
any business which sells, 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 section
shall be in addition to any other permits or licenses required by law.
4-36.5 -Application-Forms; Fees.
An applicant for a license under this section 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 nonrefundable
fee as set forth in the City of Alameda Master Fee Resolution. To the extent practicable,
the fee amount shall reflect the cost of enforcing the requirements of this section.
4-36.6 -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 thirty (30) days unless unusual
circumstances exist justifying an extension of time. A written determination of the
circumstances and an estimate of the additional time needed shall be provided to the
applicant.
4-36.7-Application Denial.
The Chief of Police shall deny the issuance of a license when any of the following
conditions exist:
a. 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 a 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 misleading statement of a material fact or
omission of a material fact in the application for a license;
e. The applicant has been convicted of:
1. 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,
2. Any offense relating to the manufacturing, sale, possession, use or
registration of any firearm or dangerous or deadly weapon,
3. Any offense involving the use of force or violence upon the person of another,
4. Any offense involving theft, fraud, dishonesty or deceit,
5. Any offense involving the manufacture, sale, possession or use of any
controlled substance as defined by the California Health & Safety Code as said
definition now reads or may hereafter be amended to read;
f. The applicant is an unlawful user of any controlled substance as defined by the
California Health & Safety Code as said definition 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 mental defective, or has been committed
to a mental institution, or suffers from any psychological disturbance which would
impair his or her fitness to be a dealer in concealable firearms;
h. The operation of the business as proposed will not comply with all applicable
Federal, State or local laws, including zoning 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 the property.
4-36.8-Security.
In order to discourage the theft of firearms or munitions stored in the premises of a
firearms or munitions dealer, any person licensed under this section 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; and
c. The provision of a video surveillance security system that meets the following
requirements:
1 . The system shall include cameras, monitors, digital video recorders, and
cabling, if necessary.
2. The number and location of the cameras shall at a minimum, as determined
by the Chief of Police, be sufficient in number and location to monitor the critical areas
of the business premises, including,· but not limited to, all places where firearms,
firearm components or ammunition are stored, handled, sold, transferred, or carried,
including, but not limited to, all counters, safes, vaults, cabinets, cases, and entryways.
The video surveillance system shall operate continuously, without interruption,
whenever the licensee is open for business. Whenever the licensee is not open for
business, the system shall be triggered by a motion detector and begin recording
immediately upon detection of any motion within the monitored area.
3. In addition, the sale or transfer of a firearm, firearm component or ammunition
shall be recorded by the video surveillance system in such a way that the facial features
of the purchaser or transferee are clearly visible.
4. When recording, the video surveillance system shall record continuously and
store color images of the monitored area at a frequency of not less than fifteen frames
per second.1 The system must produce retrievable and identifiable images and video
recordings on media determined by the Chief of Police to be able to be enlarged
through projection or other means, and can be made a permanent record for use in a
criminal investigation. The system must be capable of delineating on playback the
activity and physical features of persons or areas within the premises.
5. The stored images shall be maintained on the business premises of the
licensee for a period not less than one year from the date of recordation and shall be
made available for inspection by federal, state or local law enforcement upon request.
6. The video surveillance system must be maintained in proper working order at
all times. If the system becomes inoperable, it must be repaired or replaced within
seven calendar days. The licensee must inspect the system at least weekly to ensure
that it is operational and images are being recorded and retained as required.
1 Television in the U.S. has thirty (30) frames per second. However, fifteen (15) frames per second is generally
described as viewable, and is used in similar regulations. See, e.g., 02-392-013 Me. CodeR. 6(6).
7. The licensee shall post a sign in a conspicuous place at each entrance to the
premises that states in block letters not less than one inch in height: THESE
PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE
RECORDED.
4-36.9 -License Form.
All licenses issued pursuant to this section 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 section shall expire one year after the date of
issuance or automatically upon the revocation or expiration of the licensee•s federal
firearms license, whichever is earlier. Such licenses 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 nonrefundable renewal fee. Such renewal
application must be completed and received by the Chief of Police no later than forty-
five (45) 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 section 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 license issued pursuant to this section shall be subject to all of the following
conditions, 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 (1 0)
days of any change in business location; such relocation shall require a new inspection
to ensure compliance with this section. A nonrefundable reinspection fee will be
required.
b. The licensee shall comply with Sections 12073, 12074, 12076, 12077 and 12082
and subdivision (b) of Section 12072 of the California Penal Code, to the extent that
the provisions remain 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 (1 0) days of any change in employees and submit the
required identifying information for each newly hired employee.
d. The licensee shall comply with the requirements of this section.
4-36.13-License-Grounds for Revocation.
In addition to subsection 4-36.12, any provisions constituting grounds for denial
shall also constitute grounds for revocation.
4-36.14-License-Hearing.
a. Any person whose application for a license under this section or a renewal license
has been denied, or whose license has been revoked pursuant to the provisions of this
section, 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
or grounds for the Chief of Police•s intent to deny the application or to revoke the
license, and shall inform the applicant or licensee that he or she has ten (1 0) 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 within
the ten (1 0) day period.
c. If the applicant or licensee files a timely hearing request, the Chief of Police shall
set a time and place for the hearing. All parties involved shall have the right to offer
testimonial, documentary and tangible evidence bearing on the issues, to be
represented by counsel, and to confront and cross examine any witnesses against
them. Any person dissatisfied with the decision of the Chief of Police may appeal to a
hearing officer.
4-36.15-Appeals.
Any person dissatisfied with a decision of the Chief of Police may file an appeal to
the City Council within the time 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 the right to appeal. The appeal shall state in detail the factual basis 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. The processing fee shall accompany the request for an appeal. The appeal fee
shall be set by Resolution of the City Council.
4-36.16-Indemnification.
Applicants and licensees shall indemnify, defend and hold harmless the City, its
officers, agents and employees, from claims 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 section, and all Federal, State and local laws.
4-36.18 -Compliance.
Any person engaging in the business of selling, transferring or leasing, or
advertising for sale, transfer or lease, or offering or exposing for sale, transfer or lease,
any firearm or munitions on the effective date of the ordinance codified in this section
shall have a period of sixty (60) days after such effective date to comply with the
provisions of this section.
4-36.19 -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's
license. This temporary suspension will not exceed three (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 munitions 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 and shall be delivered to the address listed on the license.
4-36.20-Penalties.
Notwithstanding Section 1-5, violations of this section shall carry the following
penalties:
a. Any person violating any provision of this article may be subject to administrative
citations. The fine for such violations shall be two hundred fifty ($250.00) dollars for
the first offense, a fine of five hundred ($500.00) dollars for a second offense within a
one (1) year period and a fine of one thousand ($1 ,000.00) for a third offense within a
one (1) year period.
b. Any person violating any provision of this article shall be guilty of an infraction which
shall be punishable by a fine not exceeding two hundred fifty ($250.00) dollars, or a
misdemeanor, which shall be punishable by a fine not exceeding one thousand
($1 ,000.00) dollars per violation, or by imprisonment in the County jail for a period not
exceeding six (6) months, or by both such fine and imprisonment.
c. Any aggrieved person, including the City and the people of the State of California,
may enforce and seek to enjoin against any violation of this article by means of a civil
action. The burden of proof in such cases shall be preponderance of the evidence. As
part of any civil action brought by the people of the State of California or the City to
enforce this article, a court shall assess a civil penalty in an amount up to the greater
of two thousand five hundred ($2,500.00) dollars per violation per day or ten thousand
($1 0,000.00) dollars per violation, against any person who commits, continues to
commit, operates, allows or maintains any violation of this article, and against any
person who aids or incites another person to violate the provisions of this article.
d. Any business conducted or maintained contrary to this Article shall constitute a
public nuisance.
4-36.21 -Severability.
This section shall be enforced to the full extent of the authority of the City. If any
section, subsection, paragraph, sentence or word of this section is deemed to be invalid
or beyond the authority of the City, 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 section and the applications thereof; and to that end the sections,
subsections, paragraphs, sentences and words of this section shall be deemed
severable.
Section 2: IMPLIED REPEAL
Any provision of the Alameda Municipal Code inconsistent with this Ordinance, to the
extent of such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effectuate this Ordinance.
Section 3: CEQA DETERMINATION
The City Council finds and determines that the adoption of this ordinance is exempt from
review under the California Environmental Quality Act (CEQA) pursuant to the following,
each a separate and independent basis: CEQA Guidelines, Section 15378 (not a project)
and Section 15061 (b)(3) (no significant environmental impact).
Section 4: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30)
days from the date of its final passage.
f the City
Attest:
Lara Weisiger, City Cler
******
I, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 17th day of March, 2020, by the following vote to wit:
AYES: -Councilmembers Daysog, Knox White, Oddie, Vella and
Mayor Ezzy Ashcraft-5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 18th day of March, 2020.
APPROVED AS TO FORM:
· 1n Shen, City Attorney
City of Alameda
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City of Alameda