(Added by Ord. No. 180,447, Eff. 2/2/09, Oper. 6/18/09.)
(a) Definitions.
1. "Board" means the Board of Police Commissioners.
2. "Firearm Ammunition" means any self-contained unit consisting of the case, primer, propellant charge, and projectile for use in pistols, revolvers, rifles, shot guns, or any other device designed to be used as a weapon from which is expelled a projectile by the force of explosion or other form of combustion. "Firearm Ammunition" shall not include blank ammunition used solely in the course of motion picture, television, video, or theatrical productions.
3. "Residential Neighborhood" means any district of the City zoned for residential use or, if not so zoned, any street segment bounded by intersecting streets wherein over fifty percent of the buildings on that street segment are used for residential purposes.
4. "Vendor" means any person who is engaged in the retail sale of firearm ammunition.
(b) Permit required. No person shall engage in, manage, conduct, or carry on the business of the sales of firearm ammunition without a written permit from the Board.
(c) Fixed location. Each vendor must have a fixed place of business. Sales of ammunition may be made only at said fixed location.
(d) Overlapping Business. If any person engages in, conducts, manages or carries on at the same time more than one business requiring police permits, such person shall comply with all of the provisions affecting each business.
(e) Condition of Issuance. No permit or renewal permit for the sale of Firearm Ammunition shall be issued unless:
1. The applicant has obtained all other required permits for the operation of the business as proposed and has complied with all other applicable laws;
2. The applicant provides evidence of a possessory interest such as owner, lessee or renter, in the property at which the business is proposed to be conducted;
3. The proposed location of the business is in other than a residential neighborhood;
4. The applicant has obtained a policy of insurance as provided in Subdivision (f).
5. The applicant agrees to indemnify, defend and hold harmless the City, its officers, agents and employees, from claims arising from the negligence of the applicant or permittee; and
6. The applicant has been provided and has read copies of Municipal Code Section 103.314.1 and the Police Commission Board Rules relating to that section.
(f) Insurance Requirements. The vendor shall maintain in full force and effect a policy of insurance on file with the City Risk Manger. Such policy shall be executed by an insurance company admitted to do business in this state, and shall be in a form that the City deems proper. It shall insure the vendor against liability for damage to property and for injury to or the death of any person as a result of the sale, transfer or lease, or the advertising for sale, transfer or lease, or the offering or exposing for sale, transfer or lease, of any Firearm Ammunition. The policy shall also name the City and its officers, agents and employees as additional insureds. The minimum liability limit shall not be less than One Million Dollars ($1,000,000.00) for damage to or destruction of property in any one incident, and One Million Dollars ($1,000,000.00) for the death or injury to any one person. Provided, however, that additional amounts may be required by the City if deemed necessary.
Such policy of insurance shall contain an endorsement providing that the policy will be continuous until canceled by a 30-day written notice sent by registered mail to the City Risk Manager 30 days in advance of the cancellation date. Prior to cancellation of any such policy, the vendor shall secure equivalent insurance. Failure to so do is grounds for revocation of the permit.
(g) Denial of Permit. Any applicant who is denied a permit shall be informed of the reasons for denial.
(h) Permit Valid for Issuance. When issued, the permit shall state on its face "Valid for Retail Sale of Firearm Ammunition".
(i) Consent to Inspection. The acceptance of a permit to engage in the business of a Firearms Ammunition dealer constitutes consent to inspection of the books, records and business premises in the manner set forth in Section 103.14 of this Code.
(j) Permit Assignment. The assignment or attempted assignment of any permit issued pursuant to this section, otherwise than in connection with a change of ownership as provided in Section 103.08, is unlawful and any such assignment or attempted assignment shall render the permit null and void.
(k) Permittee Responsible For The Conduct Of Business. No Firearm Ammunition shall be sold or leased or offered for sale or lease or advertised for sale or lease by the vendor, nor shall the vendor otherwise conduct his or her business, in violation of the Penal Code of the State of California, this section or any other applicable law.
(l) Conditions of Employment by Permittee. No officer, employee or agent of the vendor, hereinafter referred to collectively as "employee", who will have access to or control of Firearm Ammunition shall:
(i) be under twenty-one years of age;
(ii) have had a Federal firearms license revoked or denied within the last year;
(iii) be prohibited by law from owning, possessing or having custody or control of any firearm as defined in such law;
(iv) have been convicted of any firearms or ammunition related offense within the last five years.
Prior to employment, all prospective employees of the vendor shall make application to the Board for employment authorization and shall submit all required information, and fees together with fingerprints as required by Section 103.02.1 and 103.12 of this Code, to the Board. The applicant for employment shall be advised by the Board as to approval of the application as soon as processing has been completed. No applicant for employment may be hired until or unless the application for employment has been approved by the Board. This provision shall also apply to any employee in the employment of the vendor who has access to or control of Firearm Ammunition at the time this provision becomes effective, and such an employee must also submit an application to the Board. An employee in the employment of the vendor at the time this provision becomes effective who does not meet all of the above conditions must be released from employment within ninety days after notification to the vendor that the employee has failed to meet all of the above conditions.
(m) Recording of Information. The vendor shall comply with all requirements related to ammunition sales, as set forth in Los Angeles Municipal Code section 55.11.
(n) Penalty. Violation of this section shall constitute a misdemeanor.
(o) Severability. If any provision of this ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions which can be implemented without the invalid provisions, and to this end, the provisions of this ordinance are declared to be severable.