A. A firearms retail establishments regulatory license is required for all firearms retail establishments established within the city of Bellingham after the effective date of the ordinance codified in this chapter, and for existing firearms retail establishments relocating their business after the effective date of the ordinance codified in this chapter. In order to conduct business lawfully within city limits, a firearms retail establishment established or relocated after the effective date of the ordinance codified in this chapter selling firearms at retail shall obtain a regulatory license, the conditions of which include in total signing an affidavit, on a form provided by the city, acknowledging that the recipient is aware of the existence of a 500-foot zone around schools within which it is prohibited to locate a retail establishment selling firearms, and that the location where a licensee proposes to locate such an establishment is not within such a zone. The RCW 9.41.300 explicitly enables municipalities to prohibit the sale of firearms within 500 feet of a school. The conditions regulating the location of such stores are stated in additional detail in subsection (B) of this section.

B. A 500-foot zone around schools is hereby created wherein the location and operation of retail establishments selling firearms is prohibited. No commercial retail establishment shall be located within a distance of 500 feet from the outside property line of a school if the business offers firearms for sale, has a storefront, has hours during which it is open for business, and posts advertisements or signs observable to passersby that firearms are available for sale, unless such establishment was lawfully conducting business at the same location as of the effective date of the ordinance codified in this chapter, or the school was established after the firearms retail establishment was licensed at that location. If conditions and procedures apply allowing for lapse of grandfather status to a business selling firearms that is located within 500 feet of a school, these shall be consistent with conditions or procedures outlined in BMC 20.14.030 for a lapse in grandfather status for other types of business in the city.

C. A retail establishment with an active application for a firearms dealer license that is complete and in process with the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives on the effective date of the ordinance codified in this chapter shall be considered an existing firearms retail establishment for purposes of this chapter. [Ord. 2009-06-036].