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HomeMy WebLinkAbout91-32 - Amending Chapter 5.80 of the Newport Beach Municipal Code Pertaining to the Retail Sale of FirearmsORDINANCE NO. 91 -32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 5.80 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE RETAIL SALE OF 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 amended to read: 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 sale of 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 "firearms" shall mean the same as that term is defined in California Penal Code Section 12001. 5.80.030 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 of firearms unless he or she has obtained a license from the City Manager pursuant to California Penal Code Section 12071 and has paid the required licensing fee. -1- The license shall not be transferrable and shall be valid for one (1) year from the date of issue. 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 issue or to renew a license or may revoke or suspend an existing license on any of the following grounds: 1. The applicant or license holder has failed to .comply with any of the provisions of California Penal Code, Article 4 of Title 2 of Part 4 commencing with Section 12070. 2. The applicant or license holder has failed to comply with applicable provisions of the Newport Beach Municipal Code. • 3. The applicant or license holder has failed to comply with applicable Federal firearms laws and regulations. 4. The applicant or license holder has made a material false, misleading, or fraudulent statement of fact to the City in the permit application process. In any such 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 CO 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 State 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 Chapter 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 Chapter. The City Council hereby declares that it would have passed the Ordinance codified in this Chapter 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. 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 of the City, and it shall be effective thirty (30) days after its adoption. -3- SECTION 3: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 22nd day of July , 1991, and adopted on the 12th day of Aueust , 1991, by the following vote, to wit: • AYES, COUNCILMEMBERS HEDGES, WATT, TURNER, SANSONE, HART, COX, PLUMMER NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE • • MAY�R._7 -4-