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01-28-19 PC Agenda REGULAR MEETING AGENDA 1. Approval of Minutes January 14, 2019, Regular Planning Commission Meeting 2. Public Hearing Applicant: City of Golden Valley Purpose: To amend the Zoning Code to regulate the sale of firearms --Short Recess-- 3. Reports on Meetings of the Housing and Redevelopment Authority, City Council, Board of Zoning Appeals, and other meetings 4. Adjournment Jan 28, 2019 – 7 pm Council Chambers Golden Valley City Hall 7800 Golden Valley Road t Regular Meeting of the Golden Valley Planning Commission January 14, 2019 A regular meeting of the Planning Commission was held at the Golden Valley City Hall, Council Chambers, 7800 Golden Valley Road, Golden Valley, Minnesota, on Monday, January 14, 2019. Chair Baker called the meeting to order at 7 pm. Those present were Planning Commissioners Baker, Blum, Brookins, J+�hnson, Pockl, and Segelbaum. Also present was Planning Manager Jason Zimmerman. Commissioner Angell was absent. 1. Approval of Minutes � ' December 10, 2018, Regular Planning Commissic�n Meeting MOVED by Johnson, seconded by Brookins and mafion carri�d unanimously to approve the December 10, 2018, minutes as submitted. 2. Discussion Item —Zoning Code Texf Amendment—Firearm Sales —ZO00-117 Applicant: City of Golden Valley Purpose: To amend the Zoning Code to regulate the sale of firearms Zimmerman reminded the Comrnissic�n that they discussed this item at their December 10 meeting. He stated that there are currently no regulations in the City Code regarding the sale of firearms other th�n prahibiting them as a home occupation in the R-1 Single Family and R-2 Zoning Districts. Zimmerman explained that staff researched several neighboring cities to see how they regulate firearm sales and the types of regulations seem to fall into three categories. The first is separation either,fr�m certain uses or zoning districts, or separation between firearm sales facilities. The second is security measures at firearm sales facilities, and third is site requirements such as what can be displayed in windows and other issues abaut the site itself. Zimmerman noted that at the December 10 Planning Commission meeting the discussion included how to buffer firearm sales from different types of uses the most important being where there is a gathering of people such as schools, religious facilities, libraries, community centers, etc. and the next important being residentially zoned areas. He said there was also discussion about whether there should be required distances between firearm sales facilities and other types of uses like liquor stores and the consensus was not to focus on that. He added that another issue discussed was possibly not allowing firearm sales in the Commercial Zoning District but rather in the Light Industrial or Industrial Zoning Districts where there may be fewer people. Minutes of the Golden Valley Planning Commission January 14, 2019 Page 2 Zimmerman referred to the proposed Future Land Use Map that will be used in the updated Comp Plan and noted that is the map staff used when determining the proposed buffer areas. Zimmerman referred to a map that showed Commercial properties with a buffer of 500 feet around schools, religious facilities, schools, parks, and community centers and a second buffer of 250 feet around residential uses and mixed use properties. He noted that these are also the buffers that Minneapolis uses in their firearm sales requirements. He discussed the areas where firearm sales would be allowed under this sce'naric�and said there would be approximately 22 properties where firearm sales would t�e fully allowed and 29 properties that would have some restrictions but would still have the oppo�Gunity to sell firearms. Zimmerman referred to a map showing Industrial properties''that had #he same buffers and said that 18 properties would be fully allowed and 63°properties would have some restrictions. Zimmerman referred to maps that showed a buffer of 3�0 feet buffer arQund Commercial properties and around Light Industrial and Industrial �rppertEes without distinguishing schools, religious facilities, schools, parks, and c�mmunity centersJ or residential areas similar to what St. Louis Park does. He stated th��t the results were similar to the other maps shown and stated that the question really is whether ta allow firearm sales in Commercial or in Industrial. Segelbaum asked if the Light Industrial and Indus�ri�l sections of the Zoning Code would need to be revised to allow retail sales in general, not only firearm sales. Zimmerman explained that only accessory retail sales`and temporary retail sales are currently allowed in the Light Industrial and Industrial Zt�rt`ing Districts but the Code language could be amended to state that only retail sales Q#firearms and not general retail would be allowed in those districts. He added that fanguage'prohibiting firearm sales could also be added to the Commercial Zoning District. Pockl asked Zimmerman if he thought a map showing a 500 foot buffer around schools, religious facilities, etc. and a 350 foot buffer around other uses would look significantly different than the maps already shown. Zimmerman said he suspects a map like that would look very sirnifar to the other scenarios shown and that the overall number of properties allowed to sell firearms wouldn't change very much. He reminded the Carnmission that the goal is to make a reasonable, non-arbitrary limit because the sale of firearms can't be completely restricted. Segelbaum asked if it would be an option to designate specific areas for firearm sales, without going so far as to say that area is a certain number of feet away from something else. Zimmerman said he hasn't seen any other Codes written that way because that could seem arbitrary. He stated that the maps they've been discussing have a rationale as to why the sale of firearms is restricted in certain areas and it would be easier to justify why these certain areas were selected. Segelbaum stated that ultimately there needs to be some areas available for the sale of firearms and questioned if there has been any guidance as to what has been deemed to be a reasonable number of areas ar not. Minutes of the Golden Valley Planning Commission January 14, 2019 Page 3 Zimmerman said it is hard to say because the issue hasn't been challenged yet so it is important that the City be able to rationalize and justify its regulations. Baker asked the Commission to discuss the differences between the maps showing firearms sales in the Commercial versus Industrial Zoning Districts. He said what strikes him is that there are several properties shown on the maps that are never going to allow firearm sales such as the Honeywell, and General Mills (James Ford Bell) properties. He noted that the two largest areas that could potentially sell firearms is the area west of Duluth Street and the area North of TH 55 and east of TH 169. He said tMer� is,something about a firearm sales facility buried deep in an industrial area that makes him neruous. Blum stated that regulations around site requirements are a greater.avenue of prc�tection than where the site is located. Baker said he would like to find a result that reduces as much as pc�ssible the eligible land for firearm sales. He said he knows the City needs to provide for some firearm sales but he is not enthusiastic about having them in Golden Valley, Blum said he thinks site security is a very appropriate thing for the Commission to consider. He said his priority and focus is to protect areas that have vulnerable pet�ple lik� schools, e#c. Segelbaum agreed and said he would like the buffers to focus on areas that prc�tect more vulnerable people. He added that he liked the second map the kaest because it showed a larger buffer around areas of assembly. Baker asked how the size of the buffer are�s was chosen. Zimmerman said the size of the buffer areas wasn't discussed at the last Cornmission meeting, the discussion focused more on showing a larger buffer`acound schools, religious facilities, etc. and a smaller buffer around other types of pr+�perties. He explained that he used buffer sizes similar to neighboring cities. He added tha� if the buffers are increased too much it might really limit the space available for firearm sales. He said he could try increasing the buffer areas to 500 feet or 1,000 fee#to see if�here are any areas left. Baker said he would be interested in seeing a map with 50Q or 1,Ot70 foot buffers. Johnson questioned regulating the square footage or the security of the firearm facility instead, or requiring fireartn facilities to be in a single use building. Zimmerman stated that many of the cities staff researched have regulations regarding building construction and security measures that meet the State's standards so those could be incorporated into Go�den Valley's Cade as well. Blum asked Johnson if he was suggesting that no buffers be used and that just the security measures are used. Johnson said he is suggesting that in addition to the buffer a single purpose building be used because it's not just about limiting firearm sales, it's about making the safest environment possible and the more contained and secure the building is, the less risk there is. Brookins asked if they is an opportunity to separate firearm sales from ammunition sales. Zimmerman said didn't know but he hasn't seen any other codes split it up that way. Zimmerman summarized that the Commission would like to see the following: firearm sales focused in Light Industrial and Industrial properties, having two different tiers of Minutes of the Golden Valley Planning Commission January 14, 2019 Page 4 buffers (one focused on schools, etc., and the other on residential areas), and seeing what an increased buffer size looks like. Baker said he would prefer allowing firearm sales in a commercial and not in industrial areas. Johnson said if they are trying to limit risk there is probably more density in a commercial area than in an industrial area. Blum said commercial facilities are generally more open to the public and less secure than industrial facilities. He referred to Minneapolis's requirements and said that it is much denser than Golden Valley so he thinks Golden Valley would be justified in having larger buffers. Baker asked if the appropriate next step would be to look at a 1,OOQ foo�buffer around Light Industrial and Industrial properties. Segelbaum stated that ifi a 1,000 f4ot buffer leaves very little area for firearm sales to occur then it is not going to be very us��ul for them to consider. He said he would like to give staff some leeway and`just not�that the Commission would like to increase the buffers but still have a reasonable result. Zimmerman said he could bring different maps back to the Commissian which show different buffer distances and if staff feels there is one that should be recommended they will and the Planning Commission can make their recommendafiion as well. Blum added that he likes Bloomington's and Ricf�field's requ`rred minimum distance of 1,000 feet between firearm sales facilities. Baker agr�ed. Pockl asked if there will be any discussion about�rir�g ranges. Zimmerman said the Planning Commission can make recomr�endations about firing ranges but the City Council has just been talking about firearm sales.'Baker said he would be supportive of prohibiting firing ranges. Segelbaum agreed that it would appropriate to restrict firing ranges. Johnson said he doesn't see why they should be restricted if they are located in an industrial area. He said he doesn't know what the rationale would be for excluding them and added that if they are recommending they be excluded they should come up with a good reason why. Segelbaum said it wc►uid be an additional concentration of firearms in the City and if the City is allowed to restri�t firing ranges he would prefer to do so. Blum said federal law requires a background check to o�vn a gun but a background check is not required to rent one and use it at a firing range so that is a public safety distinction that would justiiy the City's additional r�:gulation of firing ranges. --Short Recess-- 3. Reparts on Meetings of the Housing and Redevelopment Authority, City Coun�il, Board of Zoning Appeals and other Meetings No other reports were given. 4. Other Business • Council Liaison Report Minutes of the Golden Valley Planning Commission January 14, 2019 Page 5 Council Member Schmidgall gave an update on items recently discussed by the City Council including the denial of a Conditional Use Permit for the Watermark residential facility, the appointment of inembers to the Rising TIDES Task Force, and the 2019 City Council strategic planning session on January 22. 5. Adjournment The meeting was adjourned at 7:49 pm. Ron Blum, Secretary Lisa Wittman,;Administrative Assistant �� , , � �,, .:a. �� ; � �,,,� :�� , = , E i�hysY�cal D��elc�p�.ne��I��ep�.�rt�rn.e�t ��-��-�a�s��-s��-��t�� __ _ Date: January 28, 2019 To: Golden Valley Planning Commission From: Jason Zimmerman, Planning Manager Subject: Informal Public Hearing—Zoning Code Text Amendment—Amending the Zoning Code to Regulate Firearm Sales Summary The City Council has asked staff to bring forward new regulations that would limit the possible locations for firearm sales within the city. Based on investigations of the zoning codes of other metro cities and in consultation with the City Attorney and Police Chief, staff is proposing to amend the zoning code to create restrictions for firearm sales based on distances from other specified uses as well as develop other regulations. Background At a Council/Manager meeting on August 15, 2018,the City Council discussed firearm regulations with the City Attorney and the Police Chief and asked staff to investigate potential zoning regulations that could restrict future firearm sales in Golden Valley. As explained by the City Attorney at that meeting, State law limits the ability of local municipalities to regulate firearms beyond what is included in State statute. One exception is the ability to legislate the location of businesses where firearms are sold if the regulations are reasonable, nondiscriminatory, and nonarbitrary. On December 10,the Planning Commission discussed possible regulations and debated how best to prioritize potential restrictions.The Commission felt that restricting firearm sales near schools, community centers, parks, and religious facilities was the highest priority,with restrictions around residential zoning districts being a close second.They also felt that a minimum distance should be required between the locations of any two sales facilities. Finally, they contemplated allowing�rearm sales in Light Industrial and Industrial zoning districts rather than in Commercial zoning districts. 1 On January 14,the Planning Commission evaluated maps provided by staff and determined that sales in Light Industrial and Industrial zoning districts was preferred, as the population density in those areas (the number of employees, customers, etc.) would generally be less compared to the population density in Commercial zoning districts.Additional safety and site regulations, including the prohibition of commercial firing ranges in the City, were discussed. � Proposed Regulations Staff is proposing new regulations that address the separation of firearm sales facilities from other uses,the security of firearm sales buildings, and site requirements. Separation Consistent with regulations in many adjacent communities,firearm sales facilities may be required to remain separated from other uses or zoning districts by a buffer of a pre-determined size.The Planning Commission determined that the largest buffer should be created around those uses where vulnerable populations would most likely gather—namely schools, parks, libraries, religious facilities, and community centers.These uses are located in the City's Institutional zoning districts. After evaluating a number of buffer sizes with the Planning Commission, staff is recommending that firearm sales be located a minimum of 750 feet from any Institutional zoning district or a Mixed Use zoning district in which Institutional uses are allowed. The Planning Commission determined that the second largest buffer should be created around Residential zoning districts in order to provide protection for families.After evaluating a number of buffer sizes,staff is recommending that firearms sales be located a minimum of 375 feet from any Residential zoning district or a Mixed Use zoning district in which Residential uses are allowed. To demonstrate these buffers and the areas where future firearm sales facilities could potentially locate, staff has provided a set of three maps displaying buffers of 500/250 feet, 750/375 feet, and 1000/500 feet (see attachments). All scenarios use the Future Land Use Map as a base map in order to best approximate future zoning designations after the adoption of the 2040 Comprehensive Plan and subsequent rezonings. Finally, staff recommends there be a minimum of 1,000 feet between any two sales facilities. Security State regulations require firearm sales facilities follow various security standards, including how firearms are stored and secured as well as requirements for electronic security (alarms and monitoring). Staff recommends the Zoning Code reference these requirements as they are currently listed in Minnesota Statute and detailed in Minnesota Administrative Rules (see attached documentation). Site Requirements In looking at site specific requirements applied in other communities,the Planning Commission was interested in restricting sales from taking place in trailers or other non-permanent buildings 2 and in limiting the display of firearms and ammunition in the windows of any facility. Staff consulted with the Police Chief who generally agreed that these measures should be required. In addition, staff is recommending that windows on any facility be transparent and views into the interior of the building be uninterrupted in order to maintain visibility for public safety officials. Summary of Recommendations Staff recommends amending Sections 113-92, 113-93, and 113-94 of the Zoning Code. Section 113-92 would be amended to prohibit firearm sales in the Commercial zoning district (where they are currently allowed). Additionally,firing ranges—which could conceivably be allowed in the current zoning code as a "recreational facility"—would be prohibited. Section 113-93 would be amended to include firearm sales as a restricted use in the Light Industrial zoning district and would establish the following requirements: a. The facility shall be locafied not less than 750 feet from any property zaned Institutional or any property zoned Mixed Use that allows Institutional uses. b. The facility shall be located not less than 375 feet from any property zoned Residential or any property zoned Mixed Use that allows Residential uses. c. The facility shali be located not less than 1,000 feet from another firearm sales facility. d. All facilities shall meet applicable federal and state security standards including, but not (imited ta, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 7504 as amended from time to time. e. No firearms or ammunition shall be displayed in windows. Windows must be of clear,transparent glass and be free of obstructions far at least three feet into the facility. f. In-vehicle sales or services are prohibited and no firearm-related uses shall be allowed in a trailer or other nanpermanent building. In the case of a multi-use buiiding, distances from the firearm sales facility shall be measured from the portion af the structure occupied by the facility. Section 113-94 would be amended to include firearm sales as a restricted use in the Industrial zoning district and would include the same list of requirements by reference. Attachments Minutes from the Planning Commission meeting of January 14, 2019 (4 pages) 2018 Minnesota Statute § 624.7161 (1 page) Minnesota Administrative Rules Chapter 7504 (5 pages) Draft Code Language for Sec. 113-92, 112-93, and 113-94, Underlined Overstruck (1 page) Firearm Sales Maps (3 pages) 3 Regular Meeting of the Golden Valley Planning Commission January 14, 2019 A regular meeting of the Planning mmission was held at the Golden Valley City Hall, ncil Chambers, 7800 Golden V Iley Road, Golden Valley, Minnesota, on Mo ay, Janu 2019. Chair Baker call the meeting to order at 7 pm. Those present w anning Com 'ssioners Baker .. , rookins, Johnson, Pockl, and Segelbaum. Also � ,t was nning M r Jason Zimmerman. Commissioner Angell was absent. � 1. Approval of Minute , Decemb , 018, Regular nning Commissi�n MO y Johnson, seconded by rookins and motion carried unanimo pprove ecember 10, 2018, minutes a ubmitted. 2. Discussion Item —Zoning Code Texf Amentlment—Firearm Sales —ZO00-117 Applicant: City of Golden Valley Purpose: To amend t�te Zoning Code to regulate the sale of firearms Zimmerman reminded the,Commissian,that they discussed this item at their December 10 meeting. He stated that there are �urren#ly no regulations in the City Code regarding the sale of firearms other than prohibiting them as a home occupation in the R-1 Single Family and R-2 Zoning Dist�`iets. Zimmerman explai.ned that staff researched several neighboring cities to see how they regulate firearm sales and the types of regulations seem to fall into three categories. The first is separa�ion either from certain uses or zoning districts, or separation between firearm sales facilities. The second is security measures at firearm sales facilities, and third is site requirements such as what can be displayed in windows and other issues about the site itseff: Zimmerman noted that at the December 10 Planning Commission meeting the discussion included how to buffer firearm sales from different types of uses the most important being where there is a gathering of people such as schools, religious facilities, libraries, community centers, etc. and the next important being residentially zoned areas. He said there was also discussion about whether there should be required distances between firearm sales facilities and other types of uses like liquor stores and the consensus was not to focus on that. He added that another issue discussed was possibly not allowing firearm sales in the Commercial Zoning District but rather in the Light Industrial or Industrial Zoning Districts where there may be fewer people. Minutes of the Golden Valley Pianning Commission January 14, 2019 Page 2 Zimmerman referred to the proposed Future Land Use Map that will be used in the updated Comp Plan and noted that is the map staff used when determining the proposed buffer areas. Zimmerman referred to a map that showed Commercial properties with a buffer of 500 feet around schools, religious facilities, schools, parks, and community centers and a second buffer of 250 feet around residential uses and mixed use properties. He noted that these are also the buffers that Minneapolis uses in their firearm sales requirements. He discussed the areas where firearm sales would be apowed under this sc�nario and said there would be approximately 22 properties where firearm sales would be fully allowed and 29 properties that would have some restrictions but would still have the opportunity to sell firearms. Zimmerman referred to a map showing Industrial properties#hat had the same buffers and said that 18 properties would be fully allowed and 63 properkies would have some restrictions. Zimmerman referred to maps that showed a buffer of 3�Q feet buffer araund Commercial properties and around Light Industrial and Industrial properties without distinguishing schools, religious facilities, schools, parks, and community centers, or residential areas similar to what St. Louis Park does. He stated that the resul�s were similar to the other maps shown and stated that the question really is whether to allow firearm sales in Commercial or in Industrial. Segelbaum asked if the Light Indus�rial and Industrial sections of the Zoning Code would need to be revised to allow retail sales in general, not only firearm sales. Zimmerman explained that only accessory retail sales'and temporary retail sales are currently allowed in the Light Industrial and Industrial Zoning Districts but the Code language could be amended to state that only'retail sales �f,firearms and not general retail would be allowed in those districts. He added that language`prohibiting firearm sales could also be added to the Commercial Zoning District. Pockl asked Zimmerm�n if he thought a map showing a 500 foot buffer around schools, religious facilities, etc. and a 350 foot buffer around other uses would look significantly different than the maps already shown. Zimmerman said he suspects a map like that would look very sirnilar to the other scenarios shown and that the overall number of properties allowetf to sell firearms wouldn't change very much. He reminded the Commission that the goal is to make a reasonable, non-arbitrary limit because the sale of firearms can't be completely restricted. Segelbaum �sked if it would be an option to designate specific areas for firearm sales, without going so far as to say that area is a certain number of feet away from something else. Zimmerman said he hasn't seen any other Codes written that way because that could seem arbitrary. He stated that the maps they've been discussing have a rationale as to why the sale of firearms is restricted in certain areas and it would be easier to justify why these certain areas were selected. Segelbaum stated that ultimately there needs to be some areas available for the sale of firearms and questioned if there has been any guidance as to what has been deemed to be a reasonable number of areas or not. Minutes of the Goiden Valley Planning Commission January 14, 2019 Page 3 Zimmerman said it is hard to say because the issue hasn't been challenged yet so it is important that the City be able to rationalize and justify its regulations. Baker asked the Commission to discuss the differences between the maps showing firearms sales in the Commercial versus Industrial Zoning Districts. He said what strikes him is that there are several properties shown on the maps that are never going to allow firearm sales such as the Honeywell, and General Mills (James Ford Bell) properties. He noted that the finro largest areas that could potentially sell firearms is the area west of Duluth Street and the area North of TH 55 and east of TH 169. He said ther� is something about a firearm sales facility buried deep in an industrial area that makes him nervous. Blum stated that regulations around site requirements are a greater ave�nue of pratection than where the site is located. Baker said he would like to find a result that reduces as much as pos�ible the eligible land for firearm sales. He said he knows the City needs to provide for some firearm sales but he is not enthusiastic about having them in Golden Valley. Blum said he thinks site security is a very appropriate thing for the CommissiQn to consider. He said his priority and focus is to protect areas that have vulnerable people like schools, etc. Segelbaum agreed and said he would like the buffers to focus on areas that protect more vulnerable people. He added that he liked the second map the best because it showed a larger buffer around areas of assembly. Baker asked how the size of the buffer areas was chosen. Zimmerman said the size of the buffer areas wasn't discussed at the last Cornmission meeting, the discussion focused more on showing a larger buffer around schools, religious facilities, etc. and a smaller buffer around other types of prc�perties:"He explained that he used buffer sizes similar to neighboring cities. He added thaf if the buffers are increased too much it might really limit the space available for firearm sa(es. He said he could try increasing the buffer areas to 500 feet or 1,000 feet to see if there are any areas left. Baker said he would be interested in seeing a map with 500 or 1,000 foot buffers. Johnson questioned regulating the square footage or the security of the firearm facility instead, or requiring firearm facilities to be in a single use building. Zimmerman stated that many of the cities staff researched have regulations regarding building construction and security measures that meet the State's standards so those could be incorporated into Golden Valley's Code as well. Blum asked Johnson if he was suggesting that no buffers be used and that just the security measures are used. Johnson said he is suggesting that in addition to the buffer a single purpose building be used because it's not just about limiting firearm sales, it's about making the safest environment possible and the more contained and secure the building is, the less risk there is. Brookins asked if they is an opportunity to separate firearm sales from ammunition sales. Zimmerman said didn't know but he hasn't seen any other codes split it up that way. Zimmerman summarized that the Commission would like to see the following: firearm sales focused in Light Industrial and Industrial properties, having finro different tiers of Minutes of the Golden Valley Planning Commission January 14, 2019 Page 4 buffers (one focused on schools, etc., and the other on residential areas), and seeing what an increased buffer size looks like. Baker said he would prefer allowing firearm sales in a commercial and not in industrial areas. Johnson said if they are trying to limit risk there is probably more density in a commercial area than in an industrial area. Blum said commercial facilities are generally more open to the public and less secure than industrial facilities. He referred to Minneapolis's requirements and said that it is much denser than Golden Valley so he thinks Golden Valley would be justified in having larger buffers. , Baker asked if the appropriate next step would be to look at a 1,OQ0 foat buffer arc�und Light Industrial and Industrial properties. Segelbaum stated that if a 1,000 fc�ot buffer leaves very little area for firearm sales to occur then it is not gaing to be very useful for them to consider. He said he would like to give staff some leeway and`just n4te that the Commission would like to increase the buffers but still have a'reasonable result. Zimmerman said he could bring different maps back to the Commission which show different buffer distances and if staff feels there is one that shoule�;be recommended they will and the Planning Commission can make their recommendati�n;as well. Blum added that he likes Bloomington's and:Richfield's requi'red minimum distance of 1,000 feet between firearm sales faciliti�s. Baker agreed. Pockl asked if there will be any discussion about�rirtg ranges. Zimmerman said the Planr�ing Commission can make recommend�tions about firing ranges but the City Council has just been talking about firearm sal�s. Baker said he would be supportive of prohibiting firing ranges. Segelbaum agreed th�t[t would appropriate to restrict firing ranges. Johnson said he doesn't see why they should be restricted if they are located in an industrial area. He said he doesn't know what the'rationale would be for excluding them and added that if they are recommending they be excluded they should come up with a good reason why. Segelbaum said it wauld be an additional concentration of firearms in the City and if the City is allowed to restrict firing ranges he would prefer to do so. Blum said federal law requires a backgr�ound check to own a gun but a background check is not required to rent one and use it at a firing range so that is a public safety distinction that would justify the City's additianal regul�fiion`of firing ranges. --Short Recess-- Reports on Meetin of the Housing and Redevelopment Authority, City ncil, Board of oning Appeals and oth Meetings No other repo ere en. 4. Other Busin ouncil Liais Report 2018 Minnesota Statutes 624.7161 FIREARMS DEALERS; CERTAIN SECURITY MEASURES REQUIR.ED. Subdivision 1.Definitions. (a) For purposes of this section,the following terms have the meanings given. (b) "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistols are sold from a permanent business location other than the dealer's home. (c) "Sma11 firearms dealer" means a firearms dealer who operates a retail business at which no more than SQ pistols are displayed for sale at any time. (d) "Large firearms dealer" means a firearms dealer who operates a retail business at which more than 50 pistols are displayed for sale at any time. Subd. 2.Security measures required. After business hours when the dealer's place of business is unattended, a small firearms dealer shall place all pistols that are located in the dealer's place of business in a locked safe or locked steel gun cabinet, or on a locked,hardened steel rod or cable that runs through the pistol's trigger guards. The safe, gun cabinet,rod, or cable must be anchored to prevent its removal from the premises. Subd.3.Security standards. The commissioner shall adopt standards specifying minimum security requirements for small and large firearms dealers. By January 1, 1993, all firearms dealers shall comply with the standards. The standards may provide for: (1)alarm systems for small and large firearms dealers; (2) site hardening and other necessary and effective security measures required for large firearms dealers; (3) a system of inspections, during normal business hours,by local law enforcement officials for compliance with the standards; and (4) other reasonable requirements necessary and effective to reduce the risk of burglaries at firearms dealers'business establishments. Minnesota Administrative Rules 7504.0100 DEFINITIONS. Subpart l. Scope. Far purposes of this chapter,the terms in subparts 2 to 6 have the meanings given them. Subp. 2. Firearms dealer. "Firearms dealer" means a dealer federally licensed to sell pistols who operates a retail business in which pistols are sold from a permanent business location other than the dealer's home. For the purposes of this chapter, a dealer's home does not include the following: A. a building located on property that is zoned commercial; B. a business location where tl�e square footage used for the business of selling firearms exceeds the square footage used for the dealer's residence; or C. a building located on the same property as the dealer's home that is not attached to the dealer's home. Subp.3. Small firearms dealer. "Small firearms dealer" means a firearms dealer who operates a retail business at which no more than 50 pistols are displayed for sale at any time. Subp. 4. Large firearms dealer. "Large firearms dealer" means a firearms dealer who operates a retail business at which more � than 50 pistols axe displayed for sale at any time. Subp. 5. Pistol. "Pistol" includes a weapon designed to be fired by the use of a single hand and with an overall length less than 26 inches, or having a ba.rrel or barrels af a length less than 18 inches in the case of a shotgun or having a barrel of a length less than 16 inches in the case of a rifle (1) from which may be fired or ejected one or more solid projectiles by means of a cartridge or shell or by the action of an explosive or the igniting of flamrnable or explosive substances; or(2) for which the propelling force is a spring, elastic band, carbon dioxide, air or other gas, or vapor. Pistol does not include a device firing or ejecting a shot measuring .18 of an inch or less in diameter and comrnonly known as a BB gun, a scuba gun, a stud gun or nail gun used in the construction industry, or children's pop guns or toys. Subp. 6. Displayed for sale. "Displayed for sale" means a pistol available for sale to customers that is either displayed or stored at the dealer's place of business. This does not include pistols temporarily stored at the place of business for repair or servicing. 7504.0200 SECURITY MEASURES F4R SMALL FIREARMS DEALERS. After business hours when the dealer's place of business is unattended, a sma11 firearms dealer shall place all pistols that are located in the dealer's place of business in a locked safe or locked steel gun cabinet, or an a locked, hardened steel rod or cable that runs through the pistols'trigger guards. A. The door to a safe must be recessed or flush and made of at least seven gauge steel. The body of a safe must be made of hot rolled steel of at least 12 gauge thickness. A safe must have an Underwriters Laboratory(UL) listed Group 2 combination lock. B. A rod or cable used to secure a pistol must be hardened steel. The rod or cable must be at least one-fourth inch in diameter. The rod or cable must be secured with a hardened steel lock which has a shackle that is protected or shielded from attack by a bolt cutter. C. No more than five pistols may be affixed to any one rod or cable. D. The safe, gun cabinet, rod,or cable must be anchored to prevent its removal from the premises. E. The door to a gun cabinet must be made of at least 14 gauge steel. The door may be recessed, flush,or overlapping. If the door is flush or overlapping, it must be designed to conceal the location of the locking bolts and hinges from the outside of the cabinet. The door must be reinforced and must be attached to the body by one continuous hinge or at least two hinges that are located either inside ar outside the body. If the hinges are located outside the body of the safe, the safe must have an interior locking system consisting of permanent or moveable locking pins securing the door from the inside when it is in the closed position. The body of a gun cabinet must be made of hot rolled steel of at least 14 gauge thickness, and must be continuously welded to create a single, solid structure. A gun cabinet must have either a UL-listed group two combination lock or a UL-listed key lock that is encased in a high security, drill-resistant lock body. A key lock must use a restricted key that can only be duplicated by a factory-authorized source. 7504.0300 SECURITY MEASURES FOR LARGE FIREARMS DEALERS. A large firearms dealer shall comply with the requirements of items A to H or the requirements of part 7504.0200, iterns A to D, except that a large firearms dealer shall not use a gun cabinet. A. The dealer shall install vehicle-resistant barriers to prevent the penetration of the dealer's place of.business by a motor vehicle. The barriers must protect any areas that are accessible to vehicles and that have a free run distance of 50 feet or more. B. The dealer shall secure each perimeter doorway according to subitem(1), (2), or(3). (1) The dealer may use a windowless steel security door equipped with both a dead bolt and a doorknob lock. (2) The dealer may use.a windowed metal door that is equipped with both a dead bolt and a doorknob lock. The window must be rnade of one-half inch polycarbonate or glass reinforced with metal mesh. If the window has an opening of five inches or more measured in any direction,then the window must be covered with steel bars or metal grating affixed to the interior of the door. (3) The dealer may use a meta.l grate that is padlocked and affixed to the premises independent of the door and door frame. C. A dealer shall cover all windows with steel bars that are anchored internally to the wall joists. D. A dealer shall secure a room where pistols are stared after hours with a locked steel door or metal grating. E. A dealer shal�not display pistols within four feet of a window unless the window is covered by metal screen that is anchored internally to the wall jaists. F. A dealer shall secure heating,ventilating, air canditioning, and service openings with steel bars, metal grating, or an alarm system as described in part 7504.4400. G. A dealer shall illuminate each perimeter doorway so that the doorway is clearly visible after dark from a distance of 100 feet. H. Meta1 grates and grating must have spaces no larger than six inches wide along any diagonal. Metal screen must have spaces no larger than three inches wide along any diagonal. Steel bars must be no more than six inches apart on center. 7504.0400 ELECTRONIC SECURITY FOR ALL FIREARMS DEALERS. A firearms dealer shall install and maintain an electronic security system that meets the requirements af items A to I. A. The system must emit an audible alarm at the dealer's place of business when triggered. B. 'The system must transmit a silent alarm when triggered. 'The silent alarm must be transmitted directly to a public safety answering point where this service is available. If no local public safety answering point provides an alarm-monitoring service,the silent alarm must automatically firansmit a violation signal to a UL- approved monitoring station that must notify an appropriate law enforcernent agency within two minutes of receiving the violation signal. C. A large firearms dealer's system must include a backup silent alarm that transmits the alarm as provided in item B if the primary transmission system fails. D. The system must include a line cut alarm unless the incoming phone lines are hardened by routing them through underground conduit or similar protective barrier. The line cut alarm must be triggered when the phone line is cut, and must emit an audible alarm. E. The system must monitor all exterior doors, windows, and other entry points, including but not limited to heating, ventilating, air conditioning, and customer and service entry points. F. The system must use motion and heat sensors to monitor pistol storage areas and alarm control boards. G. The system must monitor all interior doors that provide access to pistol storage areas. H. All components of the system must be UL-approved. I. All components of the system must be independently tested and certified to comply with this part at least once per year. The test must be conducted by an alarm system installation or monitoring firm or a person approved by the alarm system manufacturer or distributor. Written certification must be available for inspection by a local law enforcement authority. 7504.0500 INSPECTION BY LAW ENFORCEMENT. A firearms dealer sha11 make its place of business available to local law enforcement officials during normal business hours for the purpose of verifying compliance with this chapter. A local law enforcement official is not required ta give advance notice of an inspection. 7504.0600 EXEMPTIONS. Upon written request from a firearms dealer,the com.missioner of public safety shall grant an exemption from compliance with a requirement of this chapter if the following conditions are met: A. the request identifies the requirement from which the dealer wants ta be exempt; B. the request identifies security measures used in lieu of complying with the requirement; C. the requirement is not specifically set out in statute; and D. the commissioner determines that the security measures will provide a degree of security sirnilar to the degree of security provided by the requirement or will cause a delay in the unauthorized entry into the dealer's business premises equivalent to the delay provided by complying with the requirement. Sec. 113-92. -Commercial Zoning District tf) Prohibited Uses The followin� uses shall be prohibited within the Commercial Zonin� District: f 1) Firearm sales (2) Firing ranges Sesc. 113-93. - Light Industrial Zoning District (e} Restricted!lses The followin�restricted uses shall be permitted within the Li�ht Industrial Zonin� District: (11 Firearm sales, provided the followin� restrictions are observed: a. The facilitv shall be located not less than 750 feet from anv propertv zoned Institutional or anY propertv zoned Mixed Use that allows Institutianal uses. b. The facilitv shall be located not less than 375 feet from anv propertv zoned Residentiai or anv aropertv zoned Mixed Use that allows Residential uses. c. The facilitv shall be located nat less than 1000 feet from another firearm sales facilitv. d. All facilities shal( meet applicable federal and state securitv standards includin� but not limited to, Minn. Stats. § 624.7161 and Minnesota Rules Chapter 75Q4 as amended from time to time. e. No firearms or ammunition shall be displaved in windows. Windows must be of clear,transparent�lass and be free of obstructions for at least three feet into the facilitv. f. In-vehicle sales or services are prohibited and no firearm-related uses shall be allowed in a trailer or other nonpermanent buildin�. In the case of a multi-use building distances from the firearm sales facilitv shall be measured from the portion of the structure occupied 6v the facilitv. Sec. 113-94. - Industrial Zoning District (e) Restricted Uses The follawing restricted uses shall be permitted within the Industrial Zoning District: t1? 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