AMENDMENT TO ESTABLISH
ADMINISTRATIVE BUSINESS
LICENSE REQUIREMENTS FOR
FIREARMS AND AMMUNITION
RETAIL BUSINESSES
City Council Meeting
June 6, 2023
CITY OF
BURBANK
Why Are We Here?
o July 26, 2022: Council adopted an Urgency Ordinance
establishing a moratorium on the establishment of new
or replacement retail uses selling firearms or
ammunition.
o August 23, 2022: Extension approved
July 24, 2023 - Urgency Ordinance is set to expire
o March 28, 2023: Council directed Staff to return with “easy lifts” that could be implemented
instantaneously .
City Council Direction
1. Consider the establishment of buffers that would
prohibit firearm retailers near sensitive-uses.
2. Limit the number of firearms retailers in the City by suspending the issuance of new licenses and evaluating
other municipalities discretionary review processes for similar retailers.
City Council Direction
3. Review the Giffords Law Center Model Ordinance so
that the City can consider the recommended best
practices aimed at addressing local concerns.
4. Amend the existing business license process governed by BMC Section 3-4-111 to establish additional
requirements for firearms retailers.
Background on Existing Regulations
o Firearm retail businesses require a local license to
operate - BMC Section 3-4-111.
o Other existing regulations related to Firearms:
• BMC Section 5-3-801
• BMC Section 5-3-802
• BMC Section 5-3-807
• BMC Section 10-1-673
Practices Considered
o Culver City’s November 2022, License and Security
Requirements for Retail Establishments Selling Firearms and Ammunition Ordinance.
o Giffords Law Center Model Ordinance.
o Other best practices researched as part of the ongoing Zone TextAmendment.
Potential Amendments to City Regulations
o New Article added to BMC Title 3 (Business and
Licenses), Chapter 4 (Business and Occupations).
o Codify existing procedures by Business License, while adding new regulations to those procedures.
o Supported by recent State Law.
Code Section Overview of Proposed Amendment
3-4-701: Purpose Establishes a local program for license regulations of firearms and ammunition retail sales.
3-4-702: Definitions Introduces new, relevant definitions. 3-4-703: Regulatory Permit
– Required
States that a local business permit is required to engage in the sale, lease, or transfer of a firearm or ammunition within the City.
3-4-704: Regulatory Permit
– Application
Outlines the application and submittal requirements for a local firearm retail business license.
Summary of Recommended Amendments
Code Section Overview of Proposed Amendment
3-4-705: Regulatory Permit
– Application Fee
Establishes a requirement for a nonrefundable fee that
will be collected at the time a completed application is submitted.
3-4-706: Investigation by
Police Chief
Establishes that the Burbank Police Department will
conduct an investigation on the Applicant.
3-4-707: Ground for Permit
Denial
Outlines grounds for denial or revocation of a business license.
3-4-708: On -Site Security
Requirements
Establishes on-site security requirements for firearms or ammunition retail businesses.
Summary of Recommended Amendments
Code Section Overview of Proposed Amendment
3-4-709: Liability
Insurance
Establishes a requirement that firearm retail
businesses obtain liability insurance.
3-4-710: Restricted
Admittance of Minors and
Other Prohibited
Purchasers
Establishes restrictions on admittance to firearms
retail businesses.
3-4-711: Display of
Regulatory Permit
Establishes a requirement that the local business
license permit be displayed on the business premises.
3-4-712: Issuance of
Regulatory Permit –
Duration
Establishes that a local business license is effective for one (1) year. At which point, the license would need to be renewed.
3-4-713: Nonassignability Makes local license unassignable.
Summary of Recommended Amendments
Code Section Overview of Proposed Amendment
3-4-714: Compliance By
Existing Business
Establishes that existing firearm or ammunition retail businesses have 180 days to comply with these regulations.
3-4-715: Law Enforcement
Inspections
Establishes periodic inspections of firearm retailers by the Burbank Police Department to ensure compliance with local, state, and federal laws.
3-4-716: Posted Warnings Identifies warning signs that must be posted on the premises. 3-4-717: Report Of Permit
Revocation to Federal and
State Authorities
Establishes that if the permit is denied or revoked, the Bureau of Firearms of the California Department of Justice and Bureau of Alcohol, Tobacco, Firearms & Explosives within the United States Department of Justice will be notified.
3-4-718: Promulgation of
Regulations, Standards, and
Other Legal Duties
Establishes that the City Manager or their designee is
authorized to establish any additional regulations or standards regarding the local license requirements for a firearms or ammunition retail business.
Summary of Recommended Amendments
Update on Zone Text Amendment (ZTA)
o Staff continues work on a regulatory framework that
includes land use regulations and zoning standards.
o Additional Business License Provisions:
• Inventory reporting.
• Prohibiting Gun Shows/Events in the City.
• Prohibiting firearms sales on public property.
• Additional on-site security requirements.
Tentative Schedule for ZTA Completion
Request Firearm Moratorium
Extension July 2023
Draft Development Standards August/September 2023
Community Workshop October 2023
Final Development Standards November/December 2023
Planning Commission Meeting January/February 2024
City Council Meeting March/April 2024
Consistency With General Plan
o The adoption of the proposed ordinance is
consistent with the Burbank2035 General Plan.
Specifically:
• Land Use Element, Goal 1, Policy 1.5.
• Safety Element, Goal 3, Policy 3.1.
Conclusion
o The proposed ordinance creates a comprehensive
local program for obtaining a City license for business wanting to engage in the sale, lease, or transfer of a
firearm or ammunition.
o Staff will continue to work on identifying additional requirements that could be incorporated into the
municipal code that address firearms or ammunition
retail businesses.
CONTACT:
Xjvirr Thomas
Associate Planner
[email protected]
818-238-5250
Requirement Overview
Regulatory Permit – Required States that a local business permit is required to engage in the sale, lease, or transfer of a firearm or ammunition within the City.
Regulatory Permit – Application Outlines the application and submittal requirements for a local firearm retail business license.
Regulatory Permit – Application
Fee
A nonrefundable fee that will be collected at the time a completed application is submitted.
Investigation by Police Chief Burbank Police Department will conduct an investigation on the Applicant.
Display of Regulatory Permit A requirement that the local business license permit be displayed on the business premises.
Issuance of Regulatory Permit –
Duration
A local business license is effective for one (1) year. At which point, the license would need to be renewed.
Nonassignability Makes local license unassignable.
Existing Procedures
New Requirements Overview
Definitions Introduces new, relevant definitions.
Ground for Permit Denial Outlines grounds for denial or revocation of a business license.
On-Site Security Requirements* Establishes on-site security requirements for firearms or ammunition retail businesses.
Liability Insurance* Establishes a requirement that firearm retail businesses obtain liability insurance.
Restricted Admittance of
Minors and Other Prohibited
Purchasers
Establishes restrictions on admittance to firearms retail businesses.
Law Enforcement Inspections Establishes periodic inspections of firearm retailers by the Burbank Police Department to ensure compliance with local, state, and federal laws.
Posted Warnings Identifies warning signs that must be posted on the premises.
Report Of Permit Revocation to
Federal and State Authorities
Establishes that if the permit is denied or revoked, the Bureau of Firearms of the California Department of Justice and Bureau of Alcohol, Tobacco, Firearms & Explosives within the United States Department of Justice will be notified.
On-Site Security Requirements
• If the proposed or current business location is to be used at least in part for the sale of firearms, the permitted place of business shall be a secure facility within the meaning of Cal. Penal Code § 17110. • Any time a Permittee is open for business, every firearm shall be unloaded, inaccessible to the public and secured using one of the following three (3) methods, except in the immediate presence of and under the direct supervision of an employee of the Permittee:
1. Secured within a locked case so that a customer seeking access to the firearm must ask an employee of the Permittee for assistance;
2. Secured behind a counter where only the Permittee and the Permittee's employees are allowed. During the absence of the Permittee or a Permittee's employee from the counter, the counter shall be secured with a locked, impenetrable barrier that extends from the floor or counter to the ceiling; or
3. Secured with a hardened steel rod or cable through the trigger guard of the firearm, which shall be secured with a hardened steel lock that has a shackle, and the lock and shackle shall be protected or shielded from the use of a bolt cutter and the rod or cable shall be anchored in a manner that prevents the removal of the firearm from the premises, or in the alternative, the firearm is secured in an equivalent manner, as approved by the Chief of Police. • The permitted business location shall be secured by an alarm system that is installed and maintained by an alarm company operator licensed pursuant to state law. • Business operating hours shall be limited to 9:00 a.m. to 10:00 p.m., seven (7) days a week.