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Home My WebLink AboutNB 1 DENY LIC FIREARMS 5-5-80NEW BUSINESS No. 1 5-5-80 AGENDA ITEM: DENIAL OF LICENSE TO SELL CONCEALABLE FIREARMS TO APPLICANT DENNIS BARBER BACKGROUND: This item was scheduled for the April 21st meeting but upon request of the applicant, the item was continued to the May 5th meeting because his attorney was unable to attend the April 21st meeting. RECOMMENDATION: Pleasure of the Council. DATE: April 17, 1980 NEW BUSINESS No. 1~ '~' · 4~21-80 Inter-Corn TO: Honorable Mayor, City Council and City Administrator F~OM: C.R. Thayer, Chief of Police SUBJECT:Denial of License to Sell Concealable Firearms to Applicant Dennis Lee Barber Mr. Barber was denied the license to sell firearms for the following reasons: 3/29/79 Tustin (Arrested for carrying a concealed weapon without a license) Charges were filed but the case was dismissed due to lack of probable cause. Barber was carrying a concealed weapon and was-in violation of the Penal Code, however, the manner in which we discovered this was (in the eyes of the Court) insufficient. The report is available for your review if desired. We were unable to make this case, but it appears that for this proceeding it should be considered relevant, important information. e A home inspection report completed 3/11~80 indicating that Barber has approximately twenty weapons of various sizes and calibers and approx- imately 2,000 rounds of ammunition in his apartment. Barber lives in the Tustin Arms I apartment complex at 15701Tustin Village Way. If a fire were to break out in his apartment, the potential danger to other renters and responding Fire personnel would be considerable. CRT/FS/mh DATE: April 15, 1980 Inter-Corn TO: FROM: SUBJECT: CITY COUNCIL JJ~4ES G. ROURKE, CITY ATTORNEY DENNIS LEE BARBER - APPEAL TO CITY COUNCIL Dennis Lee Barber has applied for a license to sell concealed weapons from his residential address at 15701 Tustin Village Way, No. D-6, in the City of Tustin. This residence is a two-bedroom apartment located on the first floor of a two-story multiple-family apartment complex (Tustin Arms I). The property is zoned R-3. The application for a permit to sell concealed weapons was made pursuant to Penal Code Sections 12070 and 12071 which provide respectively as follows: §12070. Unlicensed business; offense No person shall engage in the business of selling or otherwise transferring, or shall advertise for sale, or offer to expose for sale or transfer, any pistol, revolver or other firearm capable of being concealed upon the person, unless he has been issued a license pursuant to Section 12071. Any person violating this section is guilty of a misdemeanor. §12071. Retail licenses; business regulations The duly constituted licensing authorities of any city or county shall accept applica- tions for, and may grant licenses permitting the licensee to sell at retail within the county, city and county, city, town or other municipality pistols, revolvers, and other firearms capable of being concealed upon the person. If a license is granted it shall be in the form prescribed by the Attorney General, effective for not more than one year from the date of issue, and be subject to the following conditions, for breach of any of which the license shall be subject to forfeiture. 1. The business shall be carried on only in the building designated in the license. 2. The license or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be seen. 3. No pistol or revolver shall be delivered (a) Within 15 days of the application for the purchase, and when delivered shall be un- loaded and securely wrapped; nor (b) Unless the purchaser either is per- sonally known to the seller or shall present clear evidence of his identity. 4. No pistol or revolver, or imitation thereof, or placard advertising the sale or other transfer thereof, shall be displayed in any part of the premises where it can readily be seen from the outside. After conducting an investigation pursuant to sections 12070 and 12071 the applicant was denied a permit on the basis of the applicant's arrest record, the investigation by Tustin Police Department, and based upon the zoning of the premises from which the sales are intended to be made. This matter is now before the City Council as an appeal from the determination denying Mr. Barber a permit to sell con- cealed weapons. The Police Department has prepared a report concerning its investigation in this matter. That report is attached to this Inter-Com for your review. The remainder of this Inter-Com concerns the zoning of the property from which the sales are to be made. Both the investigation of the Police Department and the zoning of the property were the bases for denying Mr. Barber a permit. The sale of merchandise from an R-3 zoned property is not a permitted use within that zone unless the business qualifies as a "home occupation". Tustin City Code Section 9226. Home occupation is defined by Tustin City Code Section 9297 as follows: "Home Occupation" means an occupation carried on wholly within a dwelling by an occupant of the dwelling, as a secondary use, in connection with which there is: No person employed who is not a resident of the premises, no exterior display, no stock-in-trade or commodity sold upon the premises, no mechanical or electrical equipment used except such as is customary for housekeeping purposes, no outside operations or storage, no - 2 - alteration of the residential appearance of the premises, no signs displayed, no activity con- ducted which is hazardous to the health, safety or welfare of the general public, or which emits smoke, dust, fumes, odors, vibrations, glare or electrical disturbances onto any other premises, no.activity which generates excessive pedestrian traffic or vehicular traffic or parking in excess of that otherwise normally found in the zone, no parking or use made of any vehicle over 3/4 ton carrying capacity, no parking in the front yard, driveway or immediately adjacent to the premises of any vehicle bearing any sign, identification or advertisement of the home occupation. Pursuant to the definition set out above, the maintaining of a stock-in-trade or commodity sold upon the premises removes the business from the definition of "home occupation". It should be further noted that any activity upon the premises which generates excessive pedestrian traffic Or vehicular traffic or parking in excess of that which otherwise normally is found in the zone will disqualify the buSiness as a home occupation. RLL:iw:D:4/15/80 cc: Dan Blankenship City Clerk Police Chief Thayer Frank Semelsberger - 3 - 15701 Tustin Village Way, D6 .~stin, CA 92680 BARBERS' WOODWORK -1 ~1382 l%.dldll, ~'3G Tustin, Cali/omia 92680 (~~ 542-2458 F.F.L #99503001D815813 Starch 26, 1980 City Oomucil City Hall 300 Centennial Way Tustin, Gal 92680 c/o ~,{s Nary Wyrnm I amm formally-requesting a hearing date with the city coun- cil, as per your instructions. I would-hope to be heard dur- ing the evening kours. Y0~i~indicated this would probably be the best time. I am also requesting to know exactl~why the Tustin PD found it necessary to refuse me permission to sel~ firearms ih the city of Tustin. Thank you very much,