9.72.040 Manner of application--Fees.
An application for a permit under this chapter shall be filed with the Chief of Police under penalty of perjury on a form to be specified by the City. The application shall provide all relevant information to demonstrate the applicant’s compliance with this chapter including:
(1)The applicant’s name, including any aliases or prior names, age and address;
(2)The applicant’s Federal Firearms License and California Firearms Dealer numbers;
(3)The address of the proposed location for which the permit is sought, together with the business name, and the name of any corporation, partnership, or association that has any ownership in, or control over, the business, if any;
(4)The names, ages, and addresses of:
(A)All persons who will have access to or control of workplace firearms, including but not limited to, the applicant’s employees, agents and/or supervisors, if any;
(B)All persons possessing, directly or indirectly, the power to direct or cause the direction of the management or policies of the corporation, partnership, or association, as they relate to the firearms business (i.e., officers, directors, partners, etc.). The purpose of this provision is to address business entities selling firearms, and to require background checks of people who could essentially have access to or control over firearms due to their position or authority over the applicant or store manager.
(5)Proof of a possessory interest in the building and property at which the proposed business will be conducted, in the form of ownership, lease, license or other entitlement to operate at such location, and, if the applicant is not the owner of record of the building within which, and the real property upon which, the applicant’s business is to be located and conducted, the written consent of the owner of record of such buildings and/or real property that the applicant may sell, lease and transfer firearms;
(6)A floor plan of the proposed business which illustrates the applicant’s compliance with security provisions of Section 9.72.070 of this chapter;
(7)Proof of the issuance of a land use permit at the proposed location;
(8)Proof of compliance with all applicable federal, state and local licensing laws;
(9)(a) A list of every application for a license or permit to sell, lease, transfer, purchase, or possess firearms which were sought by the applicant from any jurisdiction in the United States, (b) for each such prior application, the date of each application and whether it resulted in the issuance of a license or permit; (c) for each such prior license or permit, the date and circumstances of any revocation or suspension;
(10)The applicant’s agreement to indemnify, defend and hold harmless the City, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind pursuant to the operation of the business, including attorneys fees, arising in any manner out of the negligence or intentional or willful misconduct of the applicant, or the applicant’s officers, employees, agents and/or supervisors;
(11)Certification of satisfaction of insurance requirements specified in Section 9.72.120;
(12)The date, location and nature of all criminal convictions of the applicant, if any, in any jurisdiction in the United States.
(13)The following individuals shall provide fingerprints, a recent photograph, a signed authorization for the release of records pertinent to the application:
(a)The applicant;
(b)All persons who will have access to or control of workplace firearms, including but not limited to, the applicant’s employees, agents and/or supervisors, if any;
(c)All persons possessing, directly or indirectly, the power to direct or cause the direction of the management or policies of the corporation, partnership, or association, as they relate to the firearms business (i.e., officers, directors, partners, etc.).
The application shall also include a certification by the City Planning Department of the City of Berkeley that the applicant’s business will not be located in a zoning district in which the operation of a firearms business is prohibited by law. The applicant shall provide all information requested including the proof of compliance with all applicable federal, state, and local law when required by the Chief of Police, or the application will not be deemed complete. The application shall be accompanied by the fees established by resolution of the City Council for administering this chapter. (Ord. 6519-NS, 1999)