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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