5087i
ORDINANCE NO. 5087
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM ADDING NEW
CHAPTER 4.99 TO TITLE 4 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO
THE RETAIL SALE OF CONCEALABLE
FIREARMS.
WHEREAS, California Penal Code Sections 12070 and 12071
direct the City of Anaheim, through its duly constituted
licensing authority, to accept applications for and approve
licenses permitting the licensee to sell concealable firearms;
and
WHEREAS, the City of Anaheim desires to adopt the
hereinafter specified procedure for licensing the sale of
concealable firearms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1.
That Chapter 4.99 be, and the same is hereby, added to
Title 4 of the Anaheim Municipal Code to read as follows:
"CHAPTER 4.99
RETAIL SALE OF CONCEALABLE FIREARMS
SECTION 4.99.010 DULY CONSTITUTED LICENSING
AUTHORITY
The City Treasurer 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 Title 2 of Part 4 of the California
Penal Code, commencing with Section 12070. The term "City
Treasurer" as used herein shall include any representative as
designated by the City Treasurer pursuant to this section.
SECTION 4.99.020 DEFINITION -"CONCEALABLE
FIREARMS"
The term "concealable firearms"
shall mean pistols, revolvers and other firearms capable of being
concealed upon the person.
i
SECTION 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 City Treasurer. The license shall not be transferable. The
initial license or any renewal thereof shall be valid from the
date of issuance through December 31 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 4.99.040 FEES
The City Council may by resolution
establish a schedule of non-refundable fees sufficient to cover
the costs to the City of Anaheim of administering this ordinance,
to be paid upon application for license. Such fees shall be
distinct from, and shall not supersede, business license fees and
taxes owing to the City pursuant to Chapter 3.04 of the Anaheim
Municipal Code.
SECTION 4.99.050 REVOCATION OR DENIAL OF LICENSE
.010 Any license issued pursuant to this
chapter may be revoked by the City Treasurer for breach of any of
the conditions set forth in Penal Code Section 12071(a).
.020 If an application for a license is
denied, the City Treasurer shall notify the applicant by
certified mail of such denial within thirty (30) days of the date
of application.
.030 If a license issued pursuant to
this chapter is revoked, the City Treasurer shall notify the
licensee by certified mail of such revocation within ten (10)
days of the date of revocation.
.040 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 (15)
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 (15) 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.
2
SECTION 4.99.060 EXISTING BUSINESSES
Businesses selling, leasing,
transferring, advertising, offering or exposing concealable
firearms for sale prior to the adoption of this ordinance shall
have a period of ninety (90) days from the effective date of this
ordinance in which to obtain the necessary license from the City
Treasurer."
SECTION 2. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, 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.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 27th day of February,
1990.
MA&OA OF THE CITY OF 11KAHEIM
ATTEST
a
CITY CLERK OF THE CITY OF ANAHEIM
LAM:dnl
OFIREARMS.05
101692
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. 5087
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of February,
1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th
day of February, 1990, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickier and Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5087 on the 28th day
of February, 1990.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th
day of February, 1990.
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. 5087 and was published once in the Anaheim Bulletin on the 9th day of March, 1990.
CITY CLERK OF THE CITY OF ANAHEIM