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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. -1- 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 -1- 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. -2- 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 -3-