STAFF REPORT
DATE: June 27, 2023
TO: Justin Hess, City Manager
FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Assistant Community Development Director, Planning Mario Osuna, Assistant Community Development Director, Building Scott Plambaeck, Planning Manager
Daniel Villa, Senior Planner
BY: Xjvirr Thomas, Associate Planner
SUBJECT: Adoption of an Ordinance to Amend Title 3 (Businesses and Licenses), Chapter 4 (Business and Occupations) to Establish Administrative Business License Requirements for Firearms and Ammunition Businesses
RECOMMENDATION
Adopt AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 3 (BUSINESSES AND LICENSES) CHAPTER 4 (BUSINESS AND
OCCUPATIONS) OF THE BURBANK MUNICIPAL CODE AND CREATING NEW
REQUIREMENTS FOR FIREARMS AND AMMUNITION RETAIL BUSINESSES THAT REQUIRE A LOCAL BUSINESS LICENSE (Attachment 1)
SUMMARY
On June 6, 2023, the City Council introduced an Ordinance that creates a comprehensive local regulatory program for businesses that engage in the sale, lease, or transfer of a firearm or ammunition to obtain a City license . The Ordinance was introduced with amendments.
Vote at Introduction:
AYES: Mullins, Perez, Takahashi, Schultz, and Anthony.
NOES: None.
ABSENT: None.
The amended Ordinance (Attachment 1) is now presented for adoption.
COMMUNITY
DEVELOPMENT
2 AMENDMENTS TO THE ORIGINAL ORDINANCE
Consistent with City Council direction provided at the June 6, 2023, meeting, staff amended the original Ordinance. A redlined version of the Ordinance is included as Attachment 2. An overview of the amendments is included below.
1. The text in the “3-4-708: ON-SITE SECURITY REQUIREMENTS” section reads:
The permitted business location shall be monitored by a video surveillance system approved by the Police Chief that includes cameras, monitors, and video recorders and is consistent with all requirements stated in Senate Bill 1384 and Cal. Penal Code §26806:
The language is revised to read:
The permitted business location shall be monitored by a video surveillance system approved by the Police Chief that includes cameras, monitors, and video recorders and is consistent with all requirements stated in Senate Bill 1384 and of Cal. Penal Code §26806 and all other applicable state requirements, as may be amended from time to time:
2. The text in the “3-4-709: LIABILITY INSURANCE” section reads:
If the proposed or current business location is to be used for the sale of firearms, no regulatory permit shall be issued or renewed unless there is in effect a policy of insurance in a form approved by the City and executed by an insurance company approved by the City, insuring the Applicant against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease, or transfer or offering for sale, lease, or transfer of a firearm or ammunition, or any other operations of the business.
The language is revised to read:
If the proposed or current business location is to be used for the sale of firearms, no regulatory permit shall be issued or renewed unless there is in effect a policy of insurance that meets the requirements of Cal. Penal Code §26811 , as may be amended from time to time, in a form approved by the City and executed by an insurance company approved by the City, insuring the Applicant against liability for damage to property and for injury to or death of any person as a result of the theft, sale, lease, or transfer or offering for sale, lease, or transfer of a firearm or ammunition, or any other operations of the business.
3. The text in the “3-4-718: PROMULGATION OF REGULATIONS, STANDARDS, AND OTHER LEGAL DUTIES” sections read:
3 A. The City Manager or City Manager’s designee is authorized to establish any additional rules, regulations, and standards related to the application, issuance, denial, or renewal of the permits authorized under this Chapter, the ongoing operation and City's oversight of retail firearms and am munitions retail establishments, or any other subject determined to be necessary to carry out the purposes of this Chapter.
B. Any regulations promulgated by the City Manager or City Manager designee pursuant to this Section shall be provided to each firearm and ammunition retail establishment, published on the City's website, and maintained and available to the public in the Office of the City Clerk.
C. Regulations promulgated by the City Manager or City Manager designee shall become effective upon date of publication on the City's website.
The language is revised to read:
3-4-718: PROMULGATION OF RULES, PROCEDURES, PROCESSES
REGULATIONSSTANDARDS, AND OR OTHER LEGAL DUTIES
A. The City Manager or City Manager’s designee is authorized to establish any additional rules, procedures, or processes regulations, and standards concerning or related to the application, issuance, denial, or renewal of the permits authorized under this Chapter, the ongoing operation and City's oversight of retail firearms and ammunitions retail establishments, or any other subject determined to be necessary to carry out the purposes of this Chapter.
B. Any rules, procedures, or processes regulations promulgated by the City Manager or City Manager designee pursuant to this Section shall be provided to each firearm and ammunition retail establishment, published on the City's website, and maintained and available to the public in the Office of the City Clerk.
C. Regulations Rules, procedures, or processes promulgated by the City Manager or City Manager designee shall become effective upon date of publication on the City's website.
4. Additionally, staff found a minor editorial error in one of the sections. The text in section “3-4-707: GROUND FOR PERMIT DENIAL OR REVOCATION” reads:
1. The Applicant, or any individual identified in BMC 3- 7-104 Subsection 5, does not have a current Certificate of Eligibility issued by the California Department of Justice.
6. The Applicant, or any individual identified in BMC 3- 7-104 Subsection 5, has had a license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended, or denied for good cause within the immediately preceding five (5) years. 4 The language is revised to read:
1. The Applicant, or any individual identified in BMC 3-7-104 3-4-704 Subsection 5, does not have a current Certificate of Eligibility issued by the California Department of Justice.
6. The Applicant, or any individual identified in BMC 3-7-104 3-4-704 Subsection 5, has had a license or permit to sell, lease, transfer, purchase, or possess firearms or ammunition from any jurisdiction in the United States revoked, suspended, or denied for good cause within the immediately preceding five (5) years.
ENVIRONMENTAL REVIEW
The proposed Ordinance amending the administrative regulatory requirements for firearm retail businesses in the BMC’s Business License section is categorically exempt from environmental review under the California Environmental Quality Act (Public Resources Code Section 21000 et seq,) (“CEQA”) pursuant to Sections 15060(c)(2), 15060(c)(3), and 15061(b)(3) of the State CEQA Guidelines because it w ill not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility that it may have a significant effect on the environment, and because it is not a “project” as that term is defined in Section 15378 of the State CEQA Guidelines.
FISCAL IMPACT
The City’s existing Fiscal Year (FY) 2022-2023 Adopted Citywide Fee Schedule includes fees for the review of Business License applications that are seeking renewal under the existing requirements in the City. The FY 2023- 2024 Proposed Citywide Fee Schedule reflects a potential increase to this fee for firearm business license applicants due to the additional review time required by City staff to ensure compliance with the proposed new firearm business lic ense requirements. Any additional fiscal impacts and required fee adjustments resulting from the ZTA and future BMC changes would be brought forth later for Council consideration.
ATTACHMENT
Attachment 1 – Amended Ordinance
Attachment 2 – Redlined Version of Amended Ordinance