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Ordinance 836 ~ _ , . , . . ~ ~ ~ ~ ` ~ . ~ • . ORDINANCE N0. 836 AN ORDINANCE OF THE CITY.OF CUP~RTINO ADDING CHAPTER 10.82 TO THE CUPERTINO MUNICIPAL CODE, RELATING TO LICENSES ' TO SELL CONCEALED W~APONS THE'CITY COUNCIL OF THE CITY OF CUPERTINO~DOES ORDAIN AS FOLLOWS: Chapter 10.82 is hereby adci,ed to the .Cupertinp::~lunicipal Code, to read in full as tollows: . Chapter 1D.82 . LICENSES TO SELL CONCEALED WEAPONS . Sections: ' 10.82.010 Administrative authority. 10.82.020 License req~lired. • • ~ 10:82.030 App2ication for,license. _ ~ 10.82.040 Investigation by city manager and planning director•. 10.82.050 Issuance of license; fee required. - 10.82.060 Conditions. 10.82.070 Licenses not transferable. ~ 10.82.080 Expiration of license; renewa2. 10.82.090 Penalty. 10.82.010 Administrative authority. There is hereby conferre.d upon t e City Manager those powers and duties necessary for the administration of this chapter. In addi- tion, there is also conferred.upo~ the City Manager the autho- rity and power to designate such'officers and employees of the City, and of other cooperating public•agencies; such as the Sheriff's Department, as may be required to assist him in carry- ing out the intent and purpose of ~his chapter. 10.82.020 License re uired. A. This- c~iapter sia e~nterpreted in accordance with Part 4, Title 2, Chapter 1, Article 4(commencing with section 12070) of the Pena1 Code of California. B. Withi,n the incorporated area of the City of Cupertino, no person shall engage in the business o£ selling, transferrinq, advertising, or exposing for sale any pistols, revolvers, or other fireazms capable of being concealed upon the person, unless that person has been issued'a 1•icense as provided herein. C. The license requirement shall apply only to persons who are "engaged ir~ the business" of selling, transferring, adver- tising, or exposing for sale concealable weapons. The question as to whether the person is•°engaged in the business"•shall be resolved in light of the facts q€ each particular case. It is _ . ~ ~ ~ not intended that a license shall be required of a person, such_ ~ as a hunter licensed by the state or a gun collector licensed by the federal government, who infrequently transfers a con- cealable weapon. 10.82.030 A lication for license. Written applications :or a icense under this chapter shall e filed with the City Manager upon forms to be provided. 10.62.040 Investiqation by city manager and director of planning. A. Upon receipt of an application for a license under this chapter, the City.Manager shall investigate the facts con- nected with the application and shall not approve the application if : • ' • (a) The applicant is not of good moral character,~ . or _ . . (b) The sale of firearms by tkie applicant would constitute a violation of any state law or provision of this chapter. . . . . . 8..~ ThQ City Manager shall.also submit the application to the Director of Planning, who shall not approve the application if the proposed location of the business is not in compliance with the zoning ordinance. , 10.82:050 Issuance of license; fee required. If the applic- ation is appro~ed by the City Manaqer an the Director of Planning, a license shall be issued in the form required by the attorney ' general. A fee of twenty-five dollars (525.00) per year shall be paid at the time of issuance of said license for each place of business.: 10.82.060 Conditions. ~The.license shall be subject to the conditions contained in section 22071 of the ~enal Code of California and the conditions contained in this chapter. 10.82.070 Licenses not tran$ferable. A license conferred under this chapter shal~ not be transferable, either as to the license0 or location of the business. 10.82.080 Expiration of license; renewal. A license conferrec under this chapter shall expire at the end of one year, but may be renewed by the holder for periods of one year upon payment of the fee specified in Section 10.82.050 of this chapter and upon the submission of a written renewal application on forms to be provided. 10_82_090 Penalty. Section 12070 of the Penal Code provides as fol3ows: "No person shall engage~in the business of selling or otherwise transferring, or shall advertise for sale, or offer or expose for sa~e or transfer, any pistol, revolver or other firearm capable of being concealed - 2 - ~ ~ ' ~ ~ ~ upon the person, unless ne has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this Sth day of December , 1977, and ENACTED at a regular meeting of the City Counc:. of the City of Cupertino this 20th day of December 1977, by the following vote: I Vote Members of~the City Council AYES: lackeon, Meyers,~Nellie. 0`Keefe, Frolich . NOES: None - ABSENT: Nane _ ABSTAIN:None ~ APPROVED: • , • . • . • ~ Jn' v""i-"~ i , Mayor, City o• C~ upertino ATTEST: ' r . . City Clerk - 3 - .