(A) General.
(1) No merchant within the city shall engage in the business of showing, selling or exchanging pistols without being licensed by the City Council to engage in such business.
(2) An application shall be filed on forms approved by the Chief of Police for the issuance of a pistol sale or exchange license with the City Council and shall be passed upon by the Council in formal session.
(3) Such applications, among other things, must show the name and address of all employees of the merchant to be licensed who are authorized to make sales of pistols.
(4) Such application shall be denied if such merchant or any of his or her employees has had a criminal conviction involving the use of any weapon or violence or moral turpitude.
(2005 Code, § 14-3)
(B) Employees to be licensed. All employees of a merchant licensed to make a sale of pistols shall apply to the Chief of Police for a license to sell pistols as an employee of a licensed merchant. Such application shall be passed upon by the City Council and, if approved, a license shall be granted. It shall be unlawful for any employee of a licensed merchant to engage in the sale of pistols without being first licensed in accordance with this section.
(2005 Code, § 14-4)
(C) Monthly report.
(1) Each merchant to whom a pistol sale or exchange license is issued shall, monthly, report to the Chief of Police all sales or exchanges made, which reports shall give the date of sale, the name of the purchaser or transferor, the caliber of the pistol and such serial number as may be available. A failure to make such report shall be grounds for revocation of the license.
(2) In the case of a secondhand pistol, such report shall list both transferor and purchaser of each pistol.
(2005 Code, § 14-5)
(D) Security requirements for businesses that buy, sell, trade or otherwise store firearms.
(1) Purpose. This section is enacted to reduce the potential for situations where employees of certain businesses are exposed to potential death and/or injuries because of the actions of people with criminal intent. It is also intended to assist law enforcement with the criminal investigation of crimes that occur at certain businesses. The businesses made subject to this division (D) have certain characteristics which may tend to increase the potential risk of criminal activity at those businesses.
(2) Terms defined. For the purpose of this division (D), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALARM SYSTEM. An assembly or equipment, mechanical or electrical, or both, designed and used to signal the occurrence of an illegal or unauthorized entry or attempted entry or other illegal activity on the premises of the alarm user which requires or solicits urgent attention and to which the police are expected to respond.
ALARM USER. A person, firm, partnership, corporation, association or other legal entity in control of a building, structure, facility or portion thereof within the city in which an alarm system is used.
BARRICADES. Devices for preventing entry through windows and doors (including bars) and also known as GUARDS.
BUSINESS ESTABLISHMENTS or ESTABLISHMENTS. Those establishments listed and defined in this division (D) as follows:
1. FIREARM DEALER means an establishment required to obtain a federal firearms license to buy or sell firearms; and/or
2. PAWN BROKER means a business required to obtain a Conditional Use Permit issued by the City Council, pursuant to the city’s Unified Development Ordinance, and also covered by G.S. Ch. 45.
MINIMUM TECHNOLOGICAL STANDARDS FOR VIDEO SURVEILLANCE SYSTEMS. Standards which are not antiquated (i.e., VHS tapes and the like) and do not otherwise impede the Police Department’s ability to successfully view, retrieve, store and/or keep video images or recordings needed for criminal investigative purposes.
TAMPER-PROOF SAFE. Lockable, secure metal storage container with a key or combination style lock, capable of housing firearms; safe must be able to prevent access to unauthorized persons during the event of a burglary or otherwise unlawful possession.
SECURITY ENHANCEMENT. Installation of security measures including video surveillance systems, barricades and/or tamper-proof safes, and alarm systems which aid in the safeguarding of property and curtailing criminal activity, specifically crimes associated with firearms.
VIDEO SURVEILLANCE SYSTEM (VSS). A continuous digital surveillance system including cameras, cabling, monitors and digital video recorders (DVR), which has been approved by the Chief of Police or his or her designee in accordance with this division (D).
(3) Video surveillance system requirements.
(a) Every business establishment, as defined in this section, is hereby required to install a video surveillance system in accordance with this division (D). All establishments which have installed a video surveillance system prior to the effective date of this division (D) shall ensure said systems are in full compliance with this division (D). All video surveillance systems shall be maintained in proper working order at all times; be kept in continuous operation 24 hours a day, seven days a week; and meet the minimum technological standards established in this division (D).
(b) If a crime occurs, cr any employee of an establishment believes or suspects a crime has occurred at the establishment premises, the establishment shall contact the Police Department immediately and the establishment shall provide the Police Department immediate access to the media containing the recorded event. The establishment shall retain the continuous digital images recorded by this system for no less than 30 days. If the video surveillance system is web-enabled or has wireless capability, the establishment shall enable the Police Department to directly access the live system during incidents requiring a police response or intervention.
(c) To ensure minimum technological standards are in place, the Police Department shall review the video surveillance system of an establishment at least bi-annually to ensure the system is consistent with the technology needed by the Police Department to investigate criminal activity or suspected criminal activity.
(d) The video surveillance system shall have no less than one camera dedicated to each register or check-out, entrance/exit, loading dock and parking lot or area designated for customer and/or employee parking use. The placement of cameras included in video surveillance systems required under this section must be approved by the Police Department. The Chief of Police or his or her designee will conduct an assessment of each site required to install a video surveillance system prior to installation of said system and, upon approval, will issue an approval notice which will be placed in plain view inside the establishment premises. This approval notice will also inform customers and employees of the presence of the video surveillance system.
(e) The video surveillance system shall be subject to regular inspection by the Chief of Police or his or her designee, who is authorized to inspect any such system at reasonable times to determine whether it conforms to the standards established in this section. If the video surveillance system does not so conform, the establishment in question shall take immediate steps to bring the system back Into compliance, following notice of such non-compliance.
(4) Barricade requirements.
(a) All barricades (also known as guards) shall, at a minimum, be constructed of rigid metal, free of sharp projections, edges or rough surfaces. Barricades/guards shall be so constructed as to reject the passage of a solid 12-inch sphere at every space and interval. Window barricades/guards may not be installed in the windows providing access to fire escapes. In the case of a fire escape, the guard mechanism shall be constructed to repel entry into a business after hours, but not to deny exit from a building from the interior. Optional above minimum standard precautions include installation of a metal roll-down type door or window covering, similar to what is referred to as a roll-down hurricane shutter.
(b) All access points located ten feet above ground, including, but not limited to, windows, doors and those areas accessible by fire escape shall be barricaded after business hours. Barricades must be constructed to reject passage of any object more than 12 inches in diameter from any direction. Fire escape stairs and drop ladders shall be chained and locked in the up position. If the fire escape cannot be rendered reasonably inaccessible in this manner, all windows along the fire escape must be barricaded.
(c) Every licensed firearms dealer who shall buy, sell, trade or transfer any type of firearm is hereby required to install barricades or guards on all access points of the business. The barricades shall be maintained and in proper working order at all times and meet standards as established in this section; the only exception to installation of barricades is defined in divisions (D)(6)(a) and (D)(6)(b) below.
(d) The barricade system shall be subject to regular inspection by the Chief of Police or his or her designee, who is authorized to inspect any such system at reasonable times to determine whether it conforms to the standards as established in this division (D).
(5) Alarm system requirements.
(a) Every business establishment, as defined in this section, is hereby required to install an alarm system in accordance with this division (D). All establishments which have installed an alarm system prior to the effective date of this division (D) shall ensure said systems are in full compliance with this section. All alarm systems shall be maintained in proper working order at all times; be kept in continuous operation 24 hours a day, seven days a week; and be able to communicate effectively with emergency communications (i.e., 9-1-1).
(b) The alarm system shall be monitored by a monitoring company and ensure that there is always effective communication with the emergency communication center (i.e., 9-1-1).
(c) The alarm system shall be subject to regular inspection by the Chief of Police or his or her designee, who is authorized to inspect any such system at reasonable times to determine whether it conforms to this section. If the alarm system does not so conform, the establishment in question shall take immediate steps to bring the system back into compliance, following notice of such non-compliance.
(d) The alarm user shall maintain its alarm system in good operating condition and free of false alarms. The alarm user shall ensure that all persons with access to the premises have an adequate understanding of the alarm system so as to prevent unintended activation of the alarm system. The alarm user shall provide the city’s Police Department the names of at least two persons other than the alarm user who have access to keys to the premises would be available to assist the police to secure the premises or reset a malfunctioning alarm. Any changes in the information contained on the application shall be promptly submitted to the city’s Police Department within ten days of any such change.
(6) Exemptions.
(a) Any business establishment within the jurisdictional limits of the city, as defined in division (D)(1) above that operates 24 hours a day, seven days a week, shall be exempt from complying with the barricade requirements contained within this division (D).
(b) Any business establishment, not staffed 24 hours a day, seven days a week, that removes firearms each night before closing shall be exempt from the barricade requirements as defined in division (D)(4) above, if all firearms are placed in a tamper-proof safe.
(7) Temporary exemptions/extensions granted. The City Manager or his or her designee may exempt a business for a period of up to 12 months if he or she finds that the business has or will undertake alternative security procedures which are substantially equal to or more effective in preventing criminal activity ana in assisting in the apprehension of the perpetrators of crime or for the protection of employees. In addition, the Chief of Police or his or her designee may; authorize alternate procedures on an experimental basis. Such an exemption shall carry a maximum duration of 12 months, and a business must either reapply for an exemption at the end of the exemption period or obtain the city’s approval of security enhancements no later than 30 days prior to the end of the exemption period. The City Manager or his or her designee may also authorize temporary extensions of time for installation when an establishment demonstrates to the satisfaction of the city that it is temporarily unable to comply for good cause shown.
(8) Appeal process. Any establishment found to be in violation of this chapter by the City Manager or his or her designee shall have the right to a hearing before the City Manager or his or her designee. Within ten days of mailing of the written notice of violation by the Chief of Police or his or her designee, the owner or principal business operator of an establishment to which a notice of violation has been issued may appeal by requesting a hearing before the City Manager. Such a request must be made in writing and must set forth the specific grounds for the appeal. Within ten days after any timely request for a hearing, the City Manager or his or her designee shall set a time and place for the hearing. That hearing shall be conducted no sooner than five days after the date of the notice which sets the hearing and no later than 20 days after receipt of the request for a hearing. All parties involved shall have the right to offer testimonial, documentary and tangible evidence bearing on the issues to be represented by counsel, and to confront and cross-examine any witness against them. The decision of the City Manager or his or her designee to grant or deny the appeal shall be in writing and shall be rendered within one week of the hearing. The decision shall be considered a final administrative action for purposes of further review pursuant to state law.
(Ord. 2015-08-04, passed 8-24-2015) Penalty, see § 110.99
Statutory reference:
Authority to regulate firearms, see G.S. § 160A-189
Weapons dealers, see G.S. § 105-80