HomeMy WebLinkAbout87-41 - Adding New Chapter 5.80 of the Newport Beach Municipal Code Pertaining to the Retail Sale of Concealable FirearmsORDINANCE NO. 87 -41
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH ADDING NEW CHAPTER 5.80 OF THE
NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE
RETAIL SALE OF CONCEALABLE FIREARMS.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 5.80 of the Newport Beach Municipal
Code is hereby added to read as follows:
Sections:
5.80.010. Duly Constituted Licensing Authority.
5.80.020. Definitions.
5.80.030. License Required.
5.80.040. Fees.
5.80.050. Revocation or Denial of License.
5.80.060. Severability.
5.80.010. Duly Constituted Licensing Authority.
The City Manager or his or her designated representative,
is hereby designated as 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.
5.80.020. Definitions.
A. The term "City Manager" as used herein shall include
any representative designated by the City Manager of the City of
Newport Beach pursuant to this Chapter.
B. The term "concealable firearms" shall mean pistols,
revolvers and other firearms capable of being concealed upon the
person.
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5.80.030. License Required.
No person shall conduct, engage in or carry on the
business of selling, transferring, advertising, offering,
or
exposing for sale or transfer concealable firearms without
having
first obtained a license from the City Manager and having
paid
the required licensing fee. The license shall not be
transferrable and shall be valid for one (1) year.
5.80.040. Fees.
The City Council shall establish by resolution and
from
time to time, amend a schedule of fees sufficient to cover
the
.
costs to the City of Newport Beach of administering this
Ordinance, to be paid upon issuance of a license.
5.80.050. Revocation or Denial of License.
The City Manager may refuse to renew a license or may
revoke or suspend an existing license on the grounds that
the
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applicant or license holder has failed to comply with the
conditions set forth in Penal Code Section 12071. In any such
in case, the applicant or license holder shall have the right to
appeal to the City Council in the time and manner set forth in
this section.
When the City Manager concludes that grounds for
suspension or revocation or refusal to renew a license exists,
the City Manager shall serve the applicant or license holder,
either personally or by certified mail addressed to the business
address of the applicant or license holder, with a Notice of
Intent to Suspend or Revoke or Refuse to Renew The License. This
Notice shall state the reasons for the proposed suspension,
revocation, or refusal to renew, the effective date or if no
appeal is filed by applicant or license holder, and the right of
the applicant or license holder to appeal to the City Council and
the decision of the City Manager to suspend, revoke or refuse to
renew the license. The right to appeal to the City Council shall
terminate upon the expiration of fifteen (15) days following the
personal service or deposit of the Notice of Intent to Suspend or
Revoke or Refuse to Renew The License in the United States Mail,
whichever shall occur first.
• The City Council of the City of Newport Beach may preside
over the hearing on appeal or, in the alternative, appoint a
hearing officer to conduct the hearing, receive relevant evidence
and to submit to the City Council findings and recommendations to
be considered by the City Council of the City of Newport Beach.
The City Council of the City of Newport Beach shall render its
decision within forty -five (45) days from the date of the hearing
or, in the event that a hearing officer has been appointed,
within forty -five (45) days from the date on which the City
Council receives the findings and recommendations of the hearing
officer. The decision of the City Council shall be final.
5.80.060 Severability.
If any section, subsection, sentence, clause, or phrase
of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and
• every section, subsection, sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
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Section 2. The Mayor shall sign and the City Clerk
shall attest to the passage of this Ordinance. The City Clerk
• shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
Section 3. This Ordinance was introduced at a regular
meeting of the City Council of the City of Newport Beach held on
the 14th day of September , 1987, and adopted on the 28th
day of September 1987, by the following vote, to -wit:
•
AYES, COUNCILMEMBERS Cox, Hart, Maurer,
Plummer, Sansone, Strauss, Turner
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
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