TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 2 : CONTRABAND OFFENSES
§ 2253. License Required. (a) The Department of Public Safety shall be the licensing authority with respect to shooting galleries and shooting ranges. The number of licenses in each senatorial district shall be as follows: (1) One shooting gallery license and one shooting range license for the First Senatorial District; (2) One shooting gallery license and one shooting range license for the Second Senatorial District; and (3) One shooting gallery license and one shooting range license for the Third Senatorial District. (b) No persons, corporation, business or entity may operate or engage in the business of a shooting gallery or shooting range, or both unless it has received a shooting gallery license or a shooting ranges license from the Department of Public Safety and a general business license from the Department of Finance. The Department of Public Safety shall prescribe by regulation the application form, procedures, and information reasonably necessary consistent with this Act for the Department of Public Safety to determine whether the applicant is in compliance with all licensure requirements. (c) No initial license or renewal license shall be issued: (1) To an otherwise qualified applicant who is convicted felon or a corporation in which a convicted felon is serving on the board of directors or is an executive officer. The Department of Public Safety may require by regulation any information or conduct any investigation on the applicant to ensure compliance with this subsection. (2) To an otherwise qualified applicant who is a foreign corporation, unless the foreign corporation is duly registered to transact business in the Commonwealth and provides as part of its application for a license a certificate of good standing written in English from the jurisdiction where it was incorporated or has its main headquarters. (3) Unless the applicant demonstrates by verifiable evidence that it has the required minimum capital investment required in liquid assets for the license(s) sought; or if the application is for license renewal, the licensee must demonstrate its progress in meeting the minimum investment requirement. A licensee shall have (5) years from the date of issuance of the initial license to expend not less than the amount of the minimum investment required. Unjustified or inadequate justification to be determined by the respective senatorial legislative delegation for failure of the licensee to meet the minimum investment required shall be grounds for revocation or non-renewal of the licensee after noticed and hearing pursuant to 1 CMC §§ 9101 et seq. (4) Unless, in the case of an application for an initial license, all other government permits for the construction of the shooting gallery or shooting ranges have been obtained or, in the case of an application for license renewal,
TITLE 6: CRIMES AND CRIMINAL PROCEDURE DIVISION 2 : CONTRABAND OFFENSES
certification from such permitting agencies that the applicant is in compliance with laws and regulations pertaining to such permit. (5) Or a license may be suspended if, after an administrative hearing, the applicant or licensee is found to have violated any of the provisions of this article or regulations hereunder, to which 6 CMC § 2258 applies or is found by permitting agency to have violated any environmental, building, safety or other permit required by law, or applicable federal statue or regulation. (d) In addition to the provisions provided in subsections (b) and (c) and 6 CMC §§ 2256–2257, the Department of Public Safety shall promulgate necessary regulations, including but not limited to application forms, applicant’s background check, safety operations and management, financial background, and application selection criteria. Source: PL 8-5, § 3; repealed and reenacted by PL 18-26 § 4 (Oct. 18, 2013), modified; amended by PL 20-03 § 2 (July 26, 2017), modified. Commission Comment: With respect to the references to the “Department of Public Safety,” see Executive Order 94-3 (effective Aug. 23, 1994), reorganizing the executive branch, changing agency names and official titles, and effecting other changes, set forth in the Commission comment to 1 CMC § 2001. In subsection (b), “form” was changed to “from” pursuant to 1 CMC § 3806(g). The Commission corrected the phrase “ranges license form” in subsection (b) to “ranges license from” pursuant to 1 CMC § 3806(g). The Commission corrected the capitalization of the word “directors” in subsection (c)(1) pursuant to 1 CMC § 3806(f). In codifying PL 20-03, the Commission struck “of this section,” after “(b) and (c)”, changed “sections 2256 and 2257” to “6 CMC §§ 2256–2257”, and changed “DPS” to “Department of Public Safety” in (d) pursuant to 1 CMC § 3806(g).