§ 5.26.070. Application denial.

The Chief of Police shall deny the issuance of a permit, and has the authority to revoke an existing permit, when any of the following conditions exist:

A.

The applicant, or an officer, employee, or agent thereof, is under the age of 21 years.

B.

The applicant is not licensed as required by all applicable federal, State and local laws.

C.

The applicant, or an officer, employee, or agent thereof, has had a similar type permit previously revoked or denied for good cause within the immediately preceding two years.

D.

The applicant, or an officer, employee, or agent thereof, has made a false or misleading statement of a material fact or omission of a material fact in the application for a permit.

E.

The applicant, or an officer, employee, or agent thereof, has been convicted of:

1.

Any offense so as to disqualify the applicant, or an officer, employee, or agent thereof, from owning or possessing a firearm or ammunition under applicable federal, State, and local laws;

2.

Any offense relating to the manufacturing, sale, possession, use, or registration of any firearm, ammunition or dangerous or deadly weapon;

3.

Any offense involving the use of force or 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 & Safety Code as said definition now reads or may hereafter be amended to read.

F.

The applicant, or an officer, employee, or agent thereof, is an unlawful user of any controlled substance as defined by the California Health & Safety Code 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 his or her fitness for a permit under this Chapter.

G.

The applicant, or an officer, employee, or agent thereof, has been adjudicated as a mental defective, or has been committed to a mental institution, or suffers from any psychological disturbance which would impair his or her fitness for a permit under this Chapter.

H.

The operation of the business as proposed will not comply with all applicable federal, State, or local laws.

I.

The applicant, or an officer, employee, or agent thereof, proposes to operate in the following locations:

1.

Within a zoning district in which general retail sales commercial activities are not a permitted or conditional use;

2.

Within a zoning district in which residential use is the principal permitted or maintained use, or within 1,000 feet of the exterior limits of any such district;

3.

Within 1,000 feet of a public or private day care center or day care home, or within 1,000 feet of any elementary, junior high, or high school whether public or private;

4.

On or within 1,500 feet of the exterior limits of any other premises occupied by a dealer in firearms or ammunition, an adult entertainment establishment or a hot tub/sauna establishment.

J.

The applicant, or an officer, employee, or agent thereof does not have and or cannot provide evidence of a possessory interest in the property at which the proposed business will be conducted.

K.

Any ground for denial exists as specified in this Code.

(Ord. No. 12994, 2-16-2010)