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5567a ORDINANCE NO. 5567 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING SECTIONS 4.99.010, 4.99.030, 4.99.050 AND 4.99.060 OF CHAPTER 4.99 OF TITLE 4 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE RETAIL SALE OF CONCEALABLE FIREARMS THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 4.99.010 of Chapter 4.99 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.99.010 DULY CONSTITUTED LICENSING AUTHORITY. The Finance Director of the City of Anaheim, or his or her designated representative, is hereby designated the City's licensing authority, and is authorized to issue licenses for the retail sale of concealable firearms pursuant to Article 4 of the California Penal Code, commencing with Section 12070. The term 'Finance Director' as used herein shall include any representative designated by the Finance Director pursuant to this section." SECTION 2. That Section 4.99.030 of Chapter 4.99 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.99.030 LICENSE REQUIRED. No person shall conduct, engage in or carry on the business of selling, leasing, transferring, advertising, offering, or exposing for sale, lease or transfer concealable firearms without having first obtained a license from the Finance Director. The license shall not be transferable. The initial license or any renewal thereof shall be valid from the date of issuance through December 31st of the same calendar year. Notwithstanding any other provision of this section, no license shall be required by the City pursuant to this chapter for any activity which is exempt from such licensing by any provision of Section 12070 of the Penal Code or any other provision of state law." SECTION 3. That Section 4.99.050 of Chapter 4.99 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.99.050 ISSUANCEr DENIAL AND REVOCATION OF LICENSE. .010 The Finance Director shall issue a license to an applicant who satisfies all the requirements contained in Penal Code Sections 12070, et seq., and shall deny a license to an applicant who fails to satisfy any one or more of those requirements. .020 Any license issued pursuant to this chapter may be revoked by the Finance Director for breach of any of the conditions set forth in Penal Code Section 12071(a). .030 If an application for a license is denied, the Finance Director shall notify the applicant by certified mail of such denial within thirty days of the date of receipt of the application. .040 If a license issued pursuant to this chapter is revoked, the Finance Director shall notify the licensee by certified mail of such revocation within ten days of the date of revocation. .050 Any applicant who is denied a license or any licensee whose license is revoked may appeal such action to the City Manager or his designee within fifteen days after receipt of notice of denial or revocation by filing a written notice of appeal and paying any appeal fee as prescribed by resolution of the City Council within such fifteen day period. The City Manager or his designee shall review the circumstances of such denial or revocation and shall render a written decision. The action of the City Manager or his designee shall be final and conclusive." SECTION 4. That Section 4.99.060 of Chapter 4.99 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "4.99.060 EXISTING BUSINESSES. Businesses selling, leasing, transferring, advertising, offering or exposing concealable firearms for sale prior to the adoption of the ordinance codified in this chapter shall have a period of ninety days from the effective date of the ordinance codified in this chapter in which to obtain the necessary license from the Finance Director." F SECTION 5. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 6. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 7. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th day of June , 1996. MA OR OF T CITY Or ANAHEIM ATTEST: D CITY CLERK OF THE CITY OF ANAHEIM 0018963.02/EEGAN/May 16, 1996 3 I STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5567 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 11th day of June, 1996, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of June, 1996, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Tait, Zemel, Feldhaus, Lopez,Daly NOES: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYOR/COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5567 on the 18th day of June, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 18th day of June, 1996. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5567 and was published once in the North County News on the 27th day of June, 1996. CITY CLERK OF THE CITY OF ANAHEIM