HomeMy WebLinkAbout38.91 ORDINANCE NO. 38.91
AN ORDINANCE OF THE CITY OF SARATOGA AMENDING
ARTICLE V. OF SARATOGA CITY CODE, RELATING TO
LICENSES TO SELL CONCEALED ~rEAPONS
The City Council of the City of Saratoga does hereby
ordain as follows:
Section 1.
Divis{on 5 is hereby added to Article V of 'the
Saratoga City' Code to read as follows:
Division 5
SALES OF CONCEALED WEAPONS
Sec. 4-140. License Required.
This provision shall be interpreted in accord with
~Part four, Title two, Chapter one, Article IV (commencing with
Section 12070) of the Penal Code of the State of California.
In addition to, or as part of, the business l~cense
otherwise required nnder the other Divisions of this Article,
any person engaged in the bus~ness of selling~ transferring,
advertising, or exposing for sale any pistol, revolver, or
other firearm capable of being concealed upon the person, shall
obtain a license to do so in accord with the provisions of this
Division, which license shall be subject to all the conditions of
Penal Code Section 12071, and any failure to have such license
shall sub.~ect any such person to the prohibitions and Density
provisions of Penal Code Section 12070.
Sec. 4-141. Application for License.
Any apDlicat{on for a license under this division
shall be filed as other business license applications, sa~e and
except that each such application shall be presented directly
to the Code Enforcement Officer who shall investigate the facts
connected with the application, and whose approval shall he required
prior to the issuance thereof. No such approval shall be granted
if the Code Enforcement Officer finds that : (1) The applicant ~s
not of good moral character, or (2) The sale of firearms by the
applicant would co,-,stitue a violation of any state law or other
provision of th{.s code. Such application shall be processed
through the Planning Department to determine that the proposed
business will coinply ~l ~h all zoning and planning laws and
regulations.
Sac. 4-142. Issuance of License and Transferabili.ty.
If the application is app~oved'by the Code Enforcement
Officer and the proposed business is not in violation of zoning
or any other provisions of state or local law, a license shall be
issued in th~ form re~]uired by the Attorney General. A fee!of
$~ oer year shall he paid at the time of issuance of said
license, for each place of business, which fee shall be over and
above the business license fee otherwise required by Div~slun
2 of this Article, said additional fee being hereby declared
to be for the purpose of regulation rather than revenue purposes.
Any license under th~s division shall not be transferable or
assignable, and each such license shall expire at the end of one year.
Any violation by the holder of the license under this dives{on of any
of the provisious sect-ions 12070 through 12079 of the Penal Code shall
be deemed to constirnte the vio].stion of the terms and pruv~s{nns
-l-
of such license, shall subject the same to summary forfeiture
by the City.
Section 2.
If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held by a court of competent
~ur~diction to be invalid, such decisi.on shall not affect
the validity of the remaining portions of this Ordinance.
The CLty Council of the City of Saratoga hereby declares that
it would have passed this Ordinance and each section, subsection,
sentence, clause and phrase thereof, irrespective of the fact
that any one or more sections, subsections, sentences, clauses
or mhrases be held {nva]id or uncoostitutLonal.
Sect{on 3.
The above and foregoing Ordinance was regularly intro-
duced and after the waiting time required by law was thereafter
passed and adopted at a regular meeting of the C~_t,' Council
of the Cit'.' of Saratoga held on the 20thda~° of September
1978 by the following vote:
AYES: Councilmen Kalb, Matteoni, Carlon, Kraus & Corr
NOES: -7 None f/~[4 ~
ABSENT: None
~ i~ CI~ELERX~
The aF, eve and foregoing is a true and correct
cop~ of Ordinance z,o,-,f/ which has been
published according to law.
P y 'ty Clerk ' Date '
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