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CC - CONSENT ITEM: Adoption of an Ordinance Adding Chapter 11.19 to the Culver City Municipal Code to Establish Permitting and Security Requirements for Retail Establishments Selling Firearms and Ammunition.
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Meeting Date: December 12, 2022
Contact Person/Dept.: Jesse Mays, Assistant City Manager
Lisa Vidra, Assistant City Attorney
Phone Number: City Manager’s Office - (310) 253-6000
City Attorney’s Office - (310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (12/08/2022); Firearms Policies and Regulations (12/08/2022)
Department Approval: John Nachbar, City Manager (12/08/2022)
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RECOMMENDATION
Staff recommends the City Council adopt an ordinance adding Chapter 11.19 to the Culver City Municipal Code (CCMC) to establish permitting and security requirements for retail establishments selling firearms and ammunition.
BACKGROUND
At the November 14, 2022 meeting, City Council unanimously (4-0) introduced an ordinance based on the recommendations of the City Council Ad Hoc Firearms Policy Subcommittee (Council Members Fisch and McMorrin) (“Subcommittee”), as well as public comment received at the meeting. Changes to the proposed ordinance were read into the record on November 14th prior to the introduction. Those changes are as follows, and are also included in a redlined version of the November 14 draft ordinance for ease of reference (Attachment 1):
Section 11.19.020 (Regulatory Permit - Application)
Subsection E: line 26 delete “ages and addresses;” line 28, add “such information shall be kept confidential and shall not be disclosed as a public record.”
Section 11.19.040 (On-site Security Requirements)
Subsection E.3: line 6: add “or in the alternative, the firearm is secured in an equivalent manner, as approved by the Chief of Police.”
Section 11.19.050 (Restricted Admittance of Minors and Other Prohibited Purchasers)
Subsection A: line 23: line 23, delete “enter into or.”
Subsection B: line 6 delete “the entry of;” line 7 delete “enter” and substitute “remain on”. Line 8 add “from remaining on the premises.”
Subsection C: line 13 delete “enter into or”; line 15, add “except as required by law or court order.”
Section 11.19.055 (Inventory Reports)
Subsection B: line 26 delete “personally”; add “that the inventory was conducted by the signer, or by store personnel under the supervision of the signer, and to the best of their knowledge, the inventory is true and correct”; next page line 2, delete “e presence of the firearms reported on the inventory.”
DISCUSSION
Proposed Ordinance Regulating Firearms and Ammunition Retailers
The proposed Ordinance (Attachment 2) establishes comprehensive licensing and security requirements for retail establishments selling firearms and ammunition. The Ordinance contains the following feasible and legally permissible local regulation of firearms and ammunition retail sales:
• Requires firearm and ammunition dealers to obtain a local permit to operate, which must be renewed annually;
• Requires specific site security and safe storage requirements;
• Requires liability insurance;
• Require dealers to post additional notices, including notices specifically warning about the risks and dangers associated with firearms;
• Prohibits unaccompanied minors from remaining on the premises;
• Prohibits persons known to be prohibited from possessing or purchasing firearms from remaining on the premises;
• Requires regular City inspections of dealer’s premises;
• Establishes record keeping and access standards such as requiring maintenance of inventory records and purchase records, and the ability of the City to inspect such records;
• Requires an annual permit fee based on cost recovery (including annual inspection, record keeping, etc.); and,
• Specifies that permissible hours of operation are 9:00 AM to 10:00 PM daily.
The proposed Ordinance provides existing firearms retailers a 120-day window for compliance, which will allow staff time to develop an application and application process, and to determine the annual fee and return to City Council with a fee resolution.
FISCAL ANALYSIS
Implementing a permitting and inspection system for firearms retailers will result in a fiscal impact because it will require staff time to implement. However, it is anticipated that the costs will be covered by annual permit fees paid for by the firearms retailers. Therefore, adoption of the proposed Ordinance will not have a fiscal impact.
ATTACHMENTS
1. 2022-12-12_ATT1_Proposed Firearms and Ammunition Retailer Ordinance (Redlines Showing Changes Read Into Record on November 14)
2. 2022-12-12_ATT2_Proposed Firearms and Ammunition Retailer Ordinance for Adoption
MOTIONS
That the City Council:
Adopt an Ordinance adding Chapter 11.19 to the Culver City Municipal Code to Adopt Licensing and Security Requirements for Retail Establishments Selling Firearms and Ammunition.