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WHEREAS, at the general election ofNovernber 5, 1996, the voters of the State of California <br />amended the state constitution, adding Article = C, which requires that all new or increased general <br />taxes be submitted to the voters prior to becoming effective., and <br />WIMREAS, Article XIII C f ether provides that all elections be consolidated with a general <br />election at which members of the City Council are standing for election; <br />NOW, TEUMEFORE BE IT RESOLVED: <br />That the City- Council of the City of Oakland does hereby submit to -the voters at the next <br />regularly scheduled general election scheduled for rune Z, 1998, the text of the proposed ordinance, <br />which shall be as follows: <br />Section 1. Oakland Municipal Code Section 5-1.44, entitled <br />"Firearms/Ammunidon Sates" shall be created as follows: <br />(a) Notwithstanding any other provision of this ordinance, commencing <br />January 1, 1998, for every person engaged in the business of selling firearms or <br />firearms ammunition as defined by this Section the tax shall be $60 per year or <br />fractional part: thereof for the first S10,000 or less of gross receipts, plus S24 per year <br />for each additional S 1,000 of gross receipts or fractional part thereof in excess of <br />S 10,000 from selling $rearms or firearms ammunition or from any other activity wiaich <br />is subject to tax under the provisions of this Article. <br />(b) As used herein the term "firearm" means any device, designed to be <br />used as a weapon, from which is expelled through a barrel a projectile by the force of <br />any explosion,: or other form of combustion. The term also includes any rocket; rocket <br />propelled projectile launcher, or similar device containing any explosive or incendiary <br />material and not designed for emergency or distress signaling purposes. <br />(c) As used herein, the term "firearms ammunition" means any projectiles <br />with their fuses, propelling charges, or primers fired ftm weapons, and arty of the <br />individual components thereof including, but not limited to, black powder and <br />reloading prirners. <br />(d) As used herein, the term "engage in the business of selling firearms or <br />firearms ammturition" means the selling, leasing or transferring of firearms or firearms <br />ammunition, except for wholesale sales, as provided in Section 5-1Z6. <br />(e) This section shall not be applied to establishments exclusively involved <br />in the sales of firearms or firearms ammunition to law enforcement officials. <br />(f) This section shall not be applied to any business licensed as a <br />pawnbroker pursuant to the Oakland Municipal Code that 01 receives firearms or <br />oil .1 <br />-2- <br />188 <br />