9.72.060 Grounds for permit denial or revocation.
The Chief of Police shall give the applicant a written notice of the Chief’s decision to deny the application. The notice shall set forth the ground or grounds for the Chief of Police’s decision. The Chief of Police shall deny the issuance of a permit or shall revoke an existing permit when any of the following conditions exist:
A. The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, is under 21 years of age.
B. The applicant is not licensed as required by all applicable federal, state, and local laws.
C. The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, has had a permit or license to sell, lease, transfer, purchase, or possess firearms or munitions previously revoked or denied for good cause within the immediate preceding five years for failure to operate its business in compliance with the requirements of federal, state or local law including any conditions imposed by such laws.
D. The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, has made a false or misleading statement of a material fact or an omission of a material fact in the application for a permit.
E. The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, has been convicted of the following:
1. Any offense which disqualifies the person convicted from owning or possessing a firearm under applicable federal, state, and local laws.
2. Any offense related to the manufacture, sale, possession, or registration of any firearm or dangerous or deadly weapon.
3. Any offense involving the use of violence upon the person of another.
4. Any offense involving theft, fraud, dishonesty, or deceit.
5. Any offense involving the manufacture, sale, possession, or use of any controlled substance as defined by the California Health and Safety Code Section 11007 as said definition now reads or may hereafter be amended to read.
F. The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, is an unlawful user of any controlled substance as defined by the California Health and Safety Code Section 11007 as said definition now reads or may hereafter be amended to read, or is an excessive user of alcohol to the extent that such use would impair their fitness to be a dealer in firearms.
G. The applicant, or any officer, employee, or agent thereof who will have access and control over firearms, has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which would impair their fitness to be a dealer in firearms.
H. The operation of the business as proposed will not comply with all applicable federal, state, and local laws.
I. The applicant, or any officer, employee, or agent thereof, proposes to operate the business in a location where such use is prohibited by the City of Berkeley Zoning Ordinance or has not been approved by the Zoning Officer or the Zoning Adjustments Board.
J. The applicant, or any officer, employee, or agent thereof, is not the owner of record of the real property at which the business is to be conducted, nor has a lease, license, or other entitlement to operate such business at such location and the written consent of the owner of record of such real property.
K. The premises at which such business is to be operated do not contain the security measures required by 9.72.070 of this chapter.
L. Any other grounds for denial that exist as specified in the Berkeley Municipal Code. (Ord. 6519-NS, 1999)