City of Pleasant Hill Planning Division MEMORANDUM. Mayor Hanecak & Councilmembers. June Catalano, City Manager. Greg Fuz, City Planner

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1 City of Pleasant Hill Planning Division MEMORANDUM TO: FROM: VIA: Mayor Hanecak & Councilmembers June Catalano, City Manager Greg Fuz, City Planner DATE: November 15, 2012 SUBJECT: Workshop to Review Home Occupation Regulations for Firearms/Ammunition Sales in Residential-Zoned Areas In May 2012, at a City Council meeting, numerous public comments were received concerning a previously approved home occupation use. In response to these comments, the City Council determined that a workshop should be held to receive public input on this issue. The information that follows was compiled with the assistance of the Police Department and the City Attorney s office to provide further background information and context for the discussion of this issue and to answer a number of questions that have arisen. 1. What was the nature of the permit that was issued? In October 2011, the Zoning Administrator approved a Home Occupation permit for a home office for a firearms and ammunition dealer, with no on-site retail sales of firearms or ammunition permitted as a condition of approval of the permit. The site of the home office is within a residence located in the MRL (Multi-family low density) zone district. This particular business operates essentially as a broker or middleman to facilitate transactions between buyers and sellers of firearms, primarily via the internet. The operator of the business possesses a Federal Firearms License (FFL), a valid seller permit (issued by the State Board of Equalization), a City of Pleasant Hill Home Occupation permit, and license from the City of Pleasant Hill Police Department to sell firearms. The operator of the business is required by law to ensure that any Federal or State requirements necessary for completion of the transaction (such as background checks and compliance with the prescribed waiting period) are satisfied. Subsequently, once the required waiting period is satisfied and clearance from the buyer s background check is received, the person conducting this home occupation arranges for shipment of the firearm (usually directly from a third party seller/distributor) to a physical (brick and mortar)

2 firearms retail store where the buyer picks up the firearm. The operator of the business has indicated that firearms are not typically shipped to or stored at the residence. According to the City s, storage of any materials related to the home occupation on the premises is not allowed within public view. In addition, any items stored on-premises may not exceed in kind or amount what is commonly associated with a residential use. The Municipal Code does not explicitly prohibit or limit the storage of firearms or ammunition within any residential zone district in the City for personal use or in relation to an approved home occupation; however, on-site retail sales of any kind at the site of the home occupation are not allowed. 2. What is the nature of the various permits that are required: Approvals by the Federal Government (Bureau of Alcohol, Tobacco and Firearms), State Government (Department of Justice) and the local government (City of Pleasant Hill) are required before a firearms related business can be established. The process and provisions are summarized below: Firearms Dealer License Process/Regulations Federal Government A person wishing to be a firearms dealer is required to submit an application to the Bureau of Alcohol, Tobacco and Firearms (ATF) in order to obtain a Federal Firearms License (FFL). The application includes submittal of fingerprints and photographs. Once submitted, ATF conducts a background check of the applicant and any persons that have the ability to direct the management, policies and practices of the proposed firearms business. In addition, the ATF requires a face to face interview with the applicant prior to making a final determination on the application. Once an FFL is issued, the permittee is required to keep and maintain detailed records of all firearms transactions and the premises licensed as part of the FFL is subject to compliance inspections by ATF officers. Firearms Dealer License Process/Regulations State Government In addition to the FFL process described above, a prospective firearms dealer is also required to obtain approval from the State Department of Justice for a Certificate of Eligibility (COE) and must also obtain a Sellers Permit from the State Board of Equalization. The COE process includes a background check that reviews the applicant s background and personal history to verify whether they meet certain requirements (such as no violent or criminal background, no history of mental health issues and age compliance). If the applicant successfully passes the background check, a COE and Sellers Permit for firearms sales can be issued. A firearms dealer is required to comply with various State regulations, including, but not limited to the following key provisions: The approval is valid for one year, with subsequent annual renewals required. The licensed premises are subject to inspections by State Department of Justice staff.

3 Any regulatory business license, or licenses, required by local government must be obtained. Firearms sales are subject to a 10 day waiting period before the firearm can be physically transferred to the buyer and only one firearm purchase is allowed every 30 days. No handgun (or imitation handgun) or placard advertising the sale or transfer of handguns shall be displayed in a manner to be visible outside of the licensed premises. Firearm training and a safe handling demonstration is required as part of every handgun purchase. Any loss of any firearm (handgun, long gun, etc.) must be reported within 48 hours to the appropriate law enforcement agency. Firearms are required to be stored only in the licensed location and must be secured with a hardened steel rod or cable and hardened steel lock that is protected from the use of a bolt cutter and anchored in a manner that prevents removal from the premises or stored in a locked, fireproof safe or vault. The licensee must maintain a firearm transaction record that is available for review as required by State law. Firearms Dealer License Process/Regulations City of Pleasant Hill An applicant is required to obtain a license from the Police Department and either a Zoning Permit, if the site is located within a commercial zone district, or a Home Occupation permit for office use in residential zone districts. Any approved home occupation is required to conform to the following standards: 1. The home occupation is conducted entirely within the dwelling unit. 2. There are no retail sales or personal service uses provided to customers at the premises. 3. There is no more than one vehicle used primarily in connection with the home occupation. 4. There is no on-site sign associated with the home occupation or its products or services, nor signage on or within any vehicle owned or leased by the operator of the home occupation listing the street address of the home occupation or indicating the existence of the home occupation on site. 5. There is no storage on the premises within public view of materials, products, equipment, fuel or other substances not commonly associated in kind or amount with residential use. 6. The street address of the home occupation is not listed in the telephone book, newspaper, Internet site, or other published advertising media or flyers. 7. The home occupation does not generate traffic in excess of that which is normally

4 associated with residential use and requires no additional parking space. 8. The home occupation does not require reconstruction or alteration of the exterior of the dwelling unit. 9. The home occupation does not cause smoke, dust, light, odor, noise or other emissions which would otherwise interfere with the residential use of the zone. 10. The home occupation does not generate quantities or types of refuse or trash which would be abnormal for residential pick-up and collection services. 11. The home occupation does not involve more than one nonresident employee or volunteer on site at any time. 12. The applicant timely obtains a City business license. 13. The home occupation does not involve any illegal conduct including, but not limited to, operation of a business without a business license, or result in any other encroachment upon the values served by residential use restrictions including, but not limited to, the deterioration of the physical appearance of the property, or have any other substantial detrimental impact upon adjacent residents. A home occupation permit can be approved administratively by the Zoning Administrator without a hearing if the proposed use: a) does not involve storing significant product inventory or materials related to the occupation at the site; b) will generate little or no pedestrian or vehicular traffic; c) will involve provision of a service at a location other than the applicant s home or will be limited to the drafting and mailing of written documents. In addition, the home occupation must comply with the standards listed above. If a home occupation would not meet these criteria and/or if an exception is requested to any of the required performance standards, the Zoning Administrator will conduct a public hearing on the request. The Zoning Administrator may also elect to conduct a public hearing to seek public input on any request and may also refer a home occupation application to the Planning Commission for consideration. The City s are attached as Attachment A. 3. How do nearby cities treat firearms sales in residential zones? The following table summarizes the regulatory requirements in Pleasant Hill and in nearby cities governing firearms sales in residential zones:

5 Local Jurisdiction Pleasant Hill Retail Firearms Sales Allowed in Residential Zones Office Use Only for a Firearms Business Allowed in Residential Zones Yes Lafayette No Yes San Pablo No Unknown, but would rely on input from Police Department. Pinole No Unknown. El Cerrito No Yes Walnut Creek Concord Martinez Contra Costa County No, and sales also prohibited within 500 feet of residential zones. Likely to be approved Likely to be approved Likely to be approved Unknown 4. What other regulations are applicable to firearms and ammunition dealers Contra Costa Fire Protection District The Contra Costa Fire Protection District does not have any applicable regulations relating to storage of firearms or ammunition in residences; however, in order to conduct a commercial firearms business, a permit from the Fire District is required. It should be noted that any commercial use within the City is required to have Fire Department clearance as part of building permit review. Shipment of Firearms and Ammunition In response to concerns expressed by members of the public regarding the potential shipment of firearms and ammunition to a residence in connection with a firearms related home occupation, staff researched shipping protocols and applicable government regulations to determine how firearms and ammunition can be legally shipped between parties. Staff s research indicates that the United States Postal Service, Federal Express and United Parcel Service all have similar provisions related to the shipping of firearms and ammunitions. Pursuant to applicable law, all of these entities only allow shipments to occur to specific approved parties, such as licensed firearms dealers and manufacturers, and Federal, State and Local agents when for official purposes only. In addition, forms

6 must be filled out and kept on file by the shipping entity regarding the shipment and the packaging must not identify that the contents contains a firearm. Specific regulations for each carrier are noted in the table below: USPS FedEx UPS Accepts Firearms Shipment Requires forms to be kept on file with the carrier Requires that packaging not labeled as containing firearms Requires signature for delivery? Allows firearms and ammunition to be shipped together? Allows shipping of long guns (rifles and shotguns) No No No Yes, provided not concealable. Yes, but only between manufacturers/dealers Yes, but only between manufacturers/dealers 5. What has been the Police Department s experience with firearms dealers? The Police Department has indicated that the recently approved home occupation has not resulted in any issues or police concerns to-date and the Department has not received any reports of sales transactions of firearms occurring at the residence. The Police Department is also not aware of any other licensed firearms dealers operating out of a home residence in Pleasant Hill. In addition, the Police Department indicated that the three licensed retail firearms dealers in the City (City Arms East, Diablo Valley Gun Works and Big 5 Sporting Goods) have also not caused any issues or police concerns to-date. Attachment: A City of Pleasant Hill Home Occupation Provisions