City Council Agenda
Memo to:
Manteca City Council
From:
David Nefouse, City Attorney
Prepared by:
Riana Daniel, Staff Counsel; Adriana Taylor, Revenue Manager
Date:
July 16, 2024
Subject:
Request for Municipal Code Chapter 5.48 "Firearms Sales" to be amended
Recommendation:
title
Waive the first reading by substitution of the title and introduce an Ordinance of the City Council of the City of Manteca, State of California, amending Chapter 5.48 "Firearms Sales" of the Manteca Municipal Code to align with the requirements and procedures of Chapter 5.04 "Business Licenses Generally" and Penal Code Sections 26700-26725.
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Background:
The Department of Justice and State law regulate the retail sales of firearms. Currently, Manteca Municipal Code (MMC) Chapter 5.48 "Firearms Sales" contains certain procedures, requirements, and conditions for the retail sale of firearms within the City of Manteca (City). Presently, Chapter 5.48 requires that a retailer apply for a license, which must be approved at a hearing by the City Council. The license shall be in a form prescribed by the Attorney General, and the license shall be subject to certain conditions.
However, the City's past practice has been to issue a general business license pursuant to Chapter 5.04 of the MMC. This involves the ordinary process of paying a fee and obtaining a general business license to operate. In addition, Penal Code Sections 26700-26725 set forth the requirements under State law for a license to sell, lease, or transfer firearms at retail. Penal Code Section 26705 authorizes a city to grant licenses for the retail sale of firearms within the city, which includes a business license that states on its face "Valid for Retail Sales of Firearms".
In order to streamline the process for firearms retailers to obtain a business license within the city, and to align with Chapter 5.04 of the MMC, the City's past practices, and Penal Code Sections 26700-26725, the proposed amendment will...
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