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(a) No person shall engage in the business of selling, or sell or give away to any person within the City, a pistol, revolver, derringer, bowie knife, dirk or other weapon of like character, which can be concealed on the person, without securing a permit to do so as provided in this chapter as well as a special use permit as explained in Section 1359.06 of the Codified Ordinances, and no person having secured such a permit shall sell or give away any such weapon to any person within this City who has not secured a permit from the Police Chief to purchase such weapon in the manner provided in this chapter.
(b) For the purposes of this chapter, the term “firearm” includes a gun, pistol, revolver, rifle or any device designed to be used as a weapon from which is expelled through a barrel a projectile by the force of any explosion or other form of combustion.
(c) The requirement for a police permit is in addition to the requirement under Section 1359.06 of the Codified Ordinances for a special use permit for sale of any of the types of weapons and/or firearms as described above. No person shall engage in firearm sales activity without a special use permit from the City Planning and Zoning Commission and a police permit.
(Ord. 9986. Passed 4-6-53; Ord. 188-2004. Passed 11-1-04.)
(a) Any person desiring a permit authorizing the sale of any of the deadly weapons mentioned in Section 785.01 shall make application in writing to the Mayor, setting out in such application the full name, Social Security number and residence of the applicant, if an individual, and, if a firm or corporation, the name, Social Security number and residence of each of its members or officers. Such applicant shall also set out the location at which it is intended or desired to conduct such business. Upon the receipt of such application it shall be the duty of the Mayor to forward the application to the Chief of Police for a check of the applicant's background. In addition to a general background check, the Chief of Police will specifically research the applicant's background relating to those items set forth in subsection (b) hereof.
(b) Any application for a permit authorizing the sale of any of the deadly weapons mentioned in Section 785.01 will not be approved by the Mayor if the applicant is not over twenty-one years of age or has willfully failed to disclose material information or made a false statement on the application, or does not have premises from which to conduct business. Further, the application will not be approved if any of the following items is true:
(1) The applicant has a felony conviction.
(2) The applicant is under a current felony indictment.
(3) The applicant has a drug offense conviction or has a current drug addition.
(4) The applicant has an adjudicated mental defect.
(5) The applicant has an illegal alien status.
(6) The applicant has a dishonorable discharge from the military.
(7) The applicant is subject to a court order restraining him or her from harassing or threatening another.
(8) The applicant has a misdemeanor conviction for domestic violence.
(9) The applicant has been convicted of or pleaded guilty to any violation of Title 18, Chapter 44, of the United States Code, relating to firearms.
(c) Any applicant desiring a permit authorizing the sale of any of the deadly weapons mentioned in Section 785.01 must certify that the business is not prohibited by State or local law and that within thirty days of receiving the license, any other necessary Federal, State or local licenses will be obtained.
(d) Any applicant desiring a permit authorizing the sale of any of the deadly weapons mentioned in Section 785.01 must provide proof of a possessory interest in the property at which the proposed business will be conducted, in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of the real property.
(e) The owner of the real property at which the prepared business will be conducted, if not the operator of the prepared business, shall also supply the information required by Section 785.02(a).
(f) The applicant must provide a floor plan of the proposed business that illustrates the applicant's compliance with the security provisions of Section 785.08 hereafter.
(g) The applicant must provide proof of the issuance of a special use permit at the proposed location required under Section 1359.06 of the Euclid Codified Ordinances.
(h) The applicant must provide proof of compliance with all Federal and State licensing laws.
(i) The applicant must provide information relating to licenses or permits relating to other weapons sought by the applicant from other jurisdictions, including, but not limited to, date of application and whether each application resulted in issuance of a license.
(j) The applicant must provide information relating to every revocation of a license or permit relating to firearms, including but not limited to date and circumstances of the revocation.
(k) The applicant must supply certification of satisfaction of insurance requirements under Section 785.09 hereof.
(Ord. 34-1998. Passed 2-17-98; Ord. 188-2004. Passed 11-1-04.)
Every person who is permitted to deal in the deadly weapons described in Section 785.01 shall deliver to the Police Chief, every day before the hour of 12:00 noon, a legible and correct report of every sale or gift made under authority of such permit during the preceding twenty-four hours. Such report shall contain the date of such sale or gift; the name of the purchaser or donee, with his or her address and age; the number, kind, description and price of such weapon; the number of the purchaser's permit; and the purposes given by such person for the purchase of such weapon. Such report shall be substantially in the following form:
Number permit
Number weapon
Name of purchaser
Address of purchaser
Age of purchaser
Kind or description of weapon
For what purpose purchased
Price
(Ord. 9986. Passed 4-6-53.)
In case the Mayor is satisfied that an applicant for a permit to deal in deadly weapons has violated any provision of this chapter, then he or she shall revoke the permit issued to such person for the selling of such weapons, and no other permit shall be issued to such person for a period of three years thereafter.
(Ord. 9986. Passed 4-6-53.)
No person shall purchase any pistol, revolver, derringer, bowie knife, dirk or other weapon of like character, which can be concealed on the person, without first securing from the Police Chief a permit to do so. Before any such permit is granted, an application in writing shall be made therefor, setting forth in such application the name, address, age, height, weight and other elements of identification of the person desiring such permit. Such application shall also contain a recommendation that the permit be issued, from two persons who are known to the Chief as persons of good reputation and who have been residents of the City for at least one year, or who appear to be taxpayers residing within the City.
In addition to the requirements of Section 785.02, the Chief of Police shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The Chief of Police shall require an applicant, or any officer, agent or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of patient records, a complete personal history set forth on a questionnaire provided by the Chief of Police, and any other additional information which the Chief of Police considers necessary to complete the investigation.
(Ord. 188-2004. Passed 11-1-04.)
In addition to other requirements and conditions of this chapter, a police permit is subject to the following conditions, the breach of any of which is sufficient cause for revocation of the permit by the Chief of Police:
(a) The business shall be carried on only in the building located at the street address shown on the permit;
(b) The applicant shall not permit any person under 18 years of age to enter or remain within the premises without being accompanied by the parent or other adult legally responsible for the minor child where the firearms sales activity is the primacy business conducted at the site;
(c) The permittee shall not deliver a firearm to another purchaser, lessee or other transferee unless the firearm is unloaded and securely wrapped or concealed in a container with a gun lock;
(d) No firearm or imitation of one or placard advertising its sale or other transfer shall be displayed in any part of the premises where it can readily be seen from the outside;
(e) The permittee shall not sell, lease, or otherwise transfer a firearm without also selling or otherwise providing with each such firearm a trigger lock or similar device that is designed to prevent the unintentional discharge of the firearm;
(f) No firearm shall be carried concealed from the premises unless and until the person presents to the permittee or seller a current basic firearm safety certificate, unless otherwise exempted by State law;
(g) The permittee shall report the loss or theft of a firearm that is merchandise of the permittee or that is being kept at the permittee's place of business within 24 hours of discovery to the Police Department.
(Ord. 188-2004. Passed 11-1-04.)
(a) In addition to the conditions of approval stated in Section 785.07, the business location as shown on the police permit shall be a secured facility meeting all of the following specifications:
(1) Every perimeter doorway shall include one of the following:
A. A windowless steel security door, equipped with both a dead bolt and a doorknob lock; or
B. A windowed metal door that is equipped with both a dead bolt and a doorknob lock. If the window has an opening of five inches or more measured in any direction, the window shall be covered with steel bars of at least one-half inch diameter or metal grating of a least nine gauge affixed to the interior of the door.
(2) Every perimeter doorway shall also be provided with an interior metal grate that is padlocked and affixed to the permittee's premises independent of the door and the door frame;
(3) Every window must be covered with steel bars on the interior side of the location;
(4) Heating, ventilating, air-conditioning and service openings are secured with steel bars, metal grating and an alarm system;
(5) Any metal grate may not have a space larger than six inches wide measured in any direction;
(6) Each metal screen may not have a space larger than three inches wide measured in any direction;
(7) All steel bars shall be no further than six inches apart.
(b) Upon written request by the permittee, the Chief of Police may approve alternative security measures which he or she considers will provide equivalent or superior security to the premises as the measures required under division (a) of this section.
(c) Every firearm that is kept in the permitted place of business shall be stored out of reach of customers in secure, locked facilities approved by the Chief of Police, by which access to firearms is controlled by the permittee or seller to the exclusion of all others.
(d) All ammunition for use in firearms that is kept in the permitted place of business shall be securely stored in a manner to avoid all thefts, as well as damage caused by explosion or discharge of ammunition, including explosion or discharge caused by fire at the place of business, as approved by the Chief of Police.
(e) All exterior construction or improvements as set forth in division (a) of this section shall be subject to the provisions of Part 17 of the Codified Ordinances.
(Ord. 188-2004. Passed 11-1-04.)
(a) No police permit shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the City and executed by an insurance company approved by the City, whereby the applicant is insured against liability for damage to property and for injury to or death of any person as a result of the sale, lease or transfer or offering for sale, lease, or transfer of a firearm. The minimum liability limits shall not be less than one million dollars ($1,000,000) for death of any person as a result of the sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum liability limits shall not be less than one million dollars ($1,000,000) for each incident of damage to property or incident of injury or death to a person.
(b) The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State of Ohio and with a Best's rating of at least A.
(c) The insurance policies shall contain an endorsement obligating the insurance company to furnish the City with at least 30 days prior written notice in advance of cancellation of the insurance.
(d) Upon expiration of a policy of insurance and if no additional insurance is obtained, the permit is considered canceled without further notice.
(Ord. 188-2004. Passed 11-1-04.)
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