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Ordinance 2014-14ORDINANCE NO. 2014-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY ADDING ANEW ARTICLE VIII ENTITLED "TOBACCO
RETAILER PERMIT" TO GILROY CITY CODE CHAPTER 13
WHEREAS, State law permits local governments to enact local tobacco retail licensing or
permitting ordinances and allows for the suspension or revocation of a local license or permit for a
violation of any State tobacco control law;
WHEREAS, this article is adopted to (1) ensure compliance with business standards and
practices of the City, (2) to encourage responsible tobacco retailing; and (3) to discourage violations
of tobacco - related laws, but not to expand or reduce the degree to which the acts regulated by
Federal or State law are criminally proscribed or otherwise regulated;
WHEREAS, the density of tobacco retailers, particularly in neighborhoods surrounding
schools, has been associated with increased youth smoking rates; and
WHEREAS, a study of California high school students found that the prevalence of smoking
was higher at schools in neighborhoods with five or more tobacco outlets than at schools in
neighborhoods without tobacco outlets; and
WHEREAS, a California study found that the density of tobacco retailers near schools was
positively associated with the prevalence of students reporting experimental smoking; and
WHEREAS, it is the intent of the City Council, in enacting this ordinance, to provide for the
public health, safety, and general welfare by regulating the operation of lawful businesses to avoid
circumstances which facilitate violations of state, federal, and local laws and by discouraging
violations of laws forbidding the distribution of tobacco products to minors, but not to expand or
reduce the degree to which the acts regulated by state or federal law are criminally proscribed, and
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WHEREAS, this ordinance is not subject to the California Environmental Quality Act
( "CEQA ") pursuant to Section 15060(c)(2) of the CEQA Guidelines (Title 14, Article 3 of the
California Code of Regulations) because the activity will not result in a direct or reasonable
foreseeable indirect physical change in the environment, and Section 15060(c)(3) because the
activity is not a project as defined in Section 15378 of the CEQA Guidelines because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I
The Gilroy City Code Chapter 13 entitled "Licenses" is amended to add a new Article VIII
entitled "Tobacco Retailer Permit" to read as follows:
"TOBACCO RETAILER PERMIT"
13.66 Definitions. The following words and phrases, whenever used in this article, shall be
construed as defined in this section:
(a) "Arm's Length Transaction" means a sale in good faith and for valuable consideration that
reflects the fair market value in the open market between two informed and willing parties,
neither of which is under any compulsion to participate in the transaction. A sale between
relatives, related companies or partners, or a sale for which a significant purpose is avoiding
the effect of the violations of this article is not an Arm's Length Transaction.
(b) "City" means the City of Gilroy and each of its officers and employees designated to enforce
or administer the provisions of this article.
(c) "Electronic Smoking Device" means an electronic and/or battery- operated device, the use of
which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or
other substances. "Electronic Smoking Device" includes any such electronic smoking
device, whether manufactured, distributed, marketed, or sold as an electronic cigarette, an
electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other
product name or descriptor. "Electronic Smoking Device" does not include any product
specifically approved by the United States Food and Drug Administration for use in the
mitigation, treatment, or prevention of disease.
(d) "Electronic Smoking Device Paraphernalia" means cartridges, cartomizers, e- liquid, smoke
juice, tips, atomizers, Electronic Smoking Device batteries, Electronic Smoking Device
chargers, and any other item specifically designed for the preparation, charging, or use of
Electronic Smoking Devices.
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(e) "Permittee" means a Tobacco Retailer or their authorized representative and/or employee
with a valid Tobacco Retailer's Permit.
(f) "Person means any natural person, partnership, cooperative association, corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
(g) "Proprietor" means a person with an ownership or managerial interest in a business. An
ownership interest shall be deemed to exist when a person has a ten percent (10 %) or greater
interest in the stock, assets, or income of a business other than the sole interest of security for
debt. A managerial interest shall be deemed to exist when a person can or does have or share
ultimate control over the day -to -day operations of a business.
(h) "Self- Service Display" means the open display or storage of tobacco products or tobacco
paraphernalia in a manner that is physically accessible in any way to the general public
without the assistance of the retailer or employee of the retailer and a direct person -to- person
transfer between the purchaser and the retailer or employee of the retailer. A vending
machine is a form of self - service display.
(i) "Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or
any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of
any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other
weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind).
(j) "Smoking Paraphernalia" means Tobacco Paraphernalia, Electronic Smoking Devices, and
Electronic Smoking Device Paraphernalia.
(k) "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of Smoking
materials of all types, cigarette rolling machines, and any other item designed for the
smoking, preparation, storing, or consumption of tobacco products.
(1) "Tobacco Product" means any substance containing tobacco leaf, including but not limited to
cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco,
snus, bidis, or any other preparation of tobacco; and any product or formulation of matter
containing biologically active amounts of nicotine that is manufactured, sold, offered for
sale, or otherwise distributed with the expectation that the product or matter will be
introduced into the human body, but does not include any cessation product specifically
approved by the United States Food and Drug Administration for use in treating nicotine or
tobacco dependence.
(m) "Tobacco Retailer" means any Person who sells, offers for sale, or does or offers to exchange
for any form of consideration, tobacco, tobacco products or tobacco paraphernalia.
"Tobacco Retailing" shall mean the doing of any of these things. This definition is without
regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered
for sale, exchanged, or offered for exchange.
13.67 Purpose. This article is intended to set forth a local permit process for tobacco retailers to
ensure that retailers comply with tobacco control laws and city business standards to protect the
public health, safety and welfare. Individuals who wish to act as a tobacco retailer within the city
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must first obtain and maintain a valid Tobacco Retailer's Permit pursuant to these provisions for
each location at which that activity is to occur. It is the responsibility of each proprietor to be
informed of all laws applicable to tobacco retailing, including those laws affecting the issuance of a
Tobacco Retailer's Permit.
13.68 General Regulations. Every person within the city who operates as a tobacco retailer is
required to obtain and maintain a valid Tobacco Retailer's Permit. Every person within the city who
operates as a Tobacco Retailer with a valid Tobacco Retailer's Permit shall comply with each of the
following conditions:
(a) Location. Tobacco retailing activities shall be conducted at a fixed location and within the
enclosed area of the tenant space completely accessible to the general public during the hours
of business operation;
(b) Display of Permit. Each Tobacco Retailer Permit shall be prominently displayed in a
publicly visible location at the permitted location;
(c) Minimum Age for Persons Selling Tobacco. No person who is younger than the minimum
age established by state law for the purchase or possession of tobacco products shall engage
in tobacco retailing;
(d) Minimum Age for the Purchase of Tobacco. No person engaged in tobacco retailing shall
sell or transfer tobacco product or tobacco paraphernalia to a person whose legal age is under
minimum age established by state law for the purchase or possession of tobacco products;
(e) Positive Identification Required. Persons engaged in tobacco retailing may not sell or
transfer a tobacco product or tobacco paraphernalia to another person who appears to be
under the age of twenty -seven (27) years without first examining the identification of the
recipient to confirm that the recipient is at least the minimum age under state law to purchase
and possess a tobacco product or tobacco paraphernalia;
(f) Onsite Smoking Prohibited. Persons engaged in tobacco retailing shall not permit smoking
inside or in any adjacent outdoor area owned, leased, or operated in the permitted premises.
In addition, no person engaged in tobacco retailing shall permit smoking within twenty (20)
feet of any doorway, window, opening, or other vent into the permitted premises. Further,
no person engaged in tobacco retailing shall permit the presence or placement of usable ash
receptacles within the permitted premises, such as ash trays or ash cans;
(g) Self- Service Displays Prohibited. Tobacco retailing by means of a self - service display is
prohibited;
(h) Permit Nontransferable. A Tobacco Retailer's Permit may not be transferred from one
person to another or from one location to another. A new Tobacco Retailer's Permit is
required whenever the proprietor(s) of a tobacco retailing location change; and
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(i) Tobacco Retailing is Prohibited Near Schools as Follows:
(1) Except as provided in this section 13.68, no new tobacco retailer permit may be
issued to authorize tobacco retailing within one thousand (1,000) feet of a school as
measured by a straight line from the nearest point of property line of the parcel on
which the school is located to the nearest point of the property line on which the
applicant's business is located. For purposes of this section, school means a private
or public elementary, middle, junior high or high school.
(2) A tobacco retailer operating lawfully on the effective date of this ordinance is exempt
from this requirement.
(3) The sale to another individual, through an arm's length transaction, of a tobacco
retail business operating lawfully on the effective date of this ordinance is exempt
from this requirement. The new owner of such business is required to apply for and
obtain a new Tobacco Retailer's Permit.
13.69 Application Procedure. All applications shall be submitted on a form supplied by the City
of Gilroy Finance Department and shall contain all of the following information:
(a) Application materials:
(1) The name, address, and telephone number of each proprietor of the business seeking
a permit;
(2) The business name, address, and telephone number of the single fixed location for
which a permit is sought;
(3) A single name and mailing address authorized by each proprietor to receive all
communications and notices (the "authorized address ") required by, authorized by, or
convenient to the enforcement of this article. If an authorized address is not
supplied, each proprietor shall be understood to consent to the provision of notice at
the business address specified in subparagraph (2) above;
(4) Proof that the location for which a Tobacco Retailer's Permit is sought has been
issued a valid state tobacco retailer's permit by the California Board of Equalization;
(5) Whether or not any proprietor or any agent of the proprietor has admitted violating,
or has been found to have violated, this article and, if so, the dates and locations of
all such violations within the previous five years;
(6) The application shall be signed by each proprietor or an authorized agent thereof;
(7) Such other information as the city deems necessary for the administration or
enforcement of this article as specified on the application form required by this
section; and
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(8) Proof of annual employee training, and proof of new employee training to the
satisfaction of the Finance Director.
(b) A permitted tobacco retailer shall inform the city in writing of any change in the information
submitted on an application for a Tobacco Retailer's Permit within ten (10) business days of
a change.
(c) All information specified in an application pursuant to this section shall be subject to
disclosure under the California Public Records Act (California Government Code section
6250 et seq.) or any other applicable law, subject to the laws' exemptions.
13.70 Issuance of Permit. Upon the receipt of a complete application for a Tobacco Retailer's
Permit and the permit fee required by this article, the city shall issue a permit, except as otherwise
provided in this article. The term of a Tobacco Retailer Permit is one year and may be renewed
annually. A permit will not be issued if substantial evidence demonstrates that one or more of the
following exists:
(a) The information presented in the application is inaccurate or false. Intentionally supplying
inaccurate or false information shall be a violation of this article;
(b) The application seeks authorization for tobacco retailing at a location for which a Tobacco
Retailer Permit has been denied pursuant to this article. However, this subparagraph shall
not constitute a basis for denial of a permit if the applicant provides the city with
documentation demonstrating by clear and convincing evidence that the applicant has
acquired or is acquiring the location or business in an arm's length transaction, and is not
associated with the previous applicant in any way;
(c) The application seeks authorization for tobacco retailing for a proprietor to whom this article
prohibits a permit to be issued; or
(d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this
article (e.g., mobile vending), that is unlawful pursuant to the Gilroy City Code, or that is
unlawful pursuant to any other law.
13.71 Permit Renewal and Expiration.
(a) Renewal of Permit. Each tobacco retailer shall apply for a renewal of the Tobacco Retailer's
Permit and submit the permit fee no later than thirty (30) days prior to expiration of the term.
A Tobacco Retailer's Permit is invalid if the appropriate fee has not been paid in full or if the
term of the permit has expired.
(b) Expiration of Permit. A Tobacco Retailer's Permit not timely renewed shall expire at the
end of its term. To renew a permit not timely renewed pursuant to subparagraph (a), the
proprietor must:
(1)
(2)
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Submit the permit fee and application renewal form; and,
Submit a signed affidavit affirming that the proprietor:
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(i) has not sold and will not sell any tobacco product or tobacco paraphernalia
after the permit expiration date and before the permit is renewed; or
(ii) has waited the appropriate ineligibility period established for tobacco
retailing without a permit, as set forth in Section 13.82 of this article, before
seeking renewal of the permit.
13.72 Fee for Permit.
(a) The fee to issue or to renew a Tobacco Retailer's Permit shall be established from time to
time by resolution of the city council. The fee shall be calculated so as to recover any
amount up to the cost of administration of this article, including, for example, issuing a
permit and administering the permit program, but shall not exceed the cost of the regulatory
program, which includes enforcement and training authorized by this article. Fees are
nonrefundable except as may be required by law.
(b) All fees and civil penalties collected pursuant to this article shall be maintained in a separate
city account to be used to implement this article, such as enforcement or training purposes.
13.73 Permit Conveys a Limited, Conditional Privilege.
(a) Nothing in this article shall be construed to grant any person obtaining and maintaining a
Tobacco Retailer's Permit any status or right other than the limited conditional privilege to
act as a tobacco retailer at the location in the city identified on the face of the permit.
(b) Nothing in this article shall be construed to render inapplicable, supersede, or apply in lieu
of, any other provision of applicable law, including but not limited to, any provision of this
code limitation, the Gilroy City Code, or any condition or limitation on smoking in an
enclosed place of employment pursuant to California Labor Code section 6404.5. For
example, obtaining a Tobacco Retailer Permit does not make the retailer a "retail or
wholesale tobacco shop" for the purposes of California Labor Code section 6404.5.
13.74 Compliance Monitoring.
(a) Compliance with this article shall be monitored by the city. Any peace officer may enforce
the penal provisions of this article. The city may designate any number of additional persons
to monitor compliance with this article.
(b) Inspections may be conducted so as to allow the city to determine, at a minimum, if a
tobacco retailer is conducting business in a manner that complies with laws regulating youth
access to tobacco products and paraphernalia.
(c) The city shall not enforce any law establishing a minimum age for tobacco purchasers or
possession against a purchaser of tobacco that otherwise might be in violation of such law
because of the person's age if the potential violation occurs when:
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(1) The purchaser (hereinafter referred to as "youth decoy ") is participating in a
compliance check supervised by a peace officer or a code enforcement official of the
city;
(2) The youth decoy is acting as an agent of a person designated by the city to monitor
compliance with this article; or
(3) The youth decoy is participating in a compliance check funded in part, either directly
or indirectly through subcontracting, by the Santa Clara County Department of
Health or the California Department of Health Services.
13.75 Tobacco Retailing without a Permit.
(a) In addition to any other penalty authorized by law, if a court of competent jurisdiction
determines, or the city finds based on a preponderance of evidence, after notice and an
opportunity to be heard consistent with Gilroy City Code Section 13.81 ct. seq. that any
person has engaged in tobacco retailing at a location without a valid Tobacco Retailer's
Permit, either directly or through the person's agents or employees, the person shall be
ineligible to apply for, or to be issued, a Tobacco Retailing Permit as follows:
(1) After a first violation of this section at a location within any sixty (60) month period,
no Tobacco Retailer Permit shall be issued for the person or the location (unless
ownership of the business at the location has been transferred in an arm's length
transaction), until thirty (30) days have passed from the date of the violation;
(2) After a second violation of this section at a location within any sixty (60) month
period, no Tobacco Retailer Permit shall be issued for the person or the location
(unless ownership of the business at the location has been transferred in an arm's
length transaction), until one calendar year has passed from the date of the second
violation:
(3) After a third or subsequent violation of this section at a location within any sixty (60)
month period, no new permit may be issued for the person or the location (unless
ownership of the business at the location has been transferred in an arm's length
transaction), until five (5) calendar years have passed from the date of the most
recent violation:
(b) Notwithstanding any other provision of this article, prior violations at a location shall
continue to be counted against a location and permit ineligibility periods shall continue to
apply to a location unless:
(1) The location has been fully transferred to a new proprietor(s); and
(2) The new proprietor(s) provide the city with clear and convincing evidence that the
new proprietor(s) have acquired or is acquiring the location in an arm's length
transaction, and are not associated with the prior proprietor(s) in any way.
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(c) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation ofthis
section are subject to seizure by the city or any peace officer and shall be forfeited after the
person, the person's agents or employees, or any other owner of the tobacco products and
tobacco paraphernalia seized is given reasonable notice and an opportunity, consistent with
Section 13.80, to demonstrate that the tobacco products and tobacco paraphernalia were not
offered for sale or exchange in violation of this article. The decision by the city may be
appealed pursuant to Section 13.81. Forfeited tobacco products and tobacco paraphernalia
may be destroyed after all internal appeals have been exhausted and the time in which to
seek judicial review pursuant to California Code of Civil Procedure Section 1094.6 or other
applicable law has expired without the filing of lawsuit or, if such a suit is filed, after
judgment in that suit becomes final.
(d) For the purposes of the civil remedies provided in this article:
(1) Each day on which a tobacco product or tobacco paraphernalia is offered for sale in
violation of this article constitutes a separate violation; or
(2) Each individual retail tobacco product and each individual retail item of tobacco
paraphernalia that is distributed, sold, or offered for sale in violation of this article
constitutes a separate violation.
13.76 False and Misleading Advertising Prohibited. A tobacco retailer without a valid Tobacco
Retailer Permit or whose permit has been revoked shall be unable to:
(a) Keep tobacco products and tobacco paraphernalia within public view.
(b) Display any advertisement relating to tobacco products or tobacco paraphernalia that
promotes the sale or distribution of such products from the tobacco retailer's location or that
could lead a reasonable consumer to believe that such products can be obtained at that
location.
13.77 Penalties and Enforcement. In the course of tobacco retailing or in the operation of the
business or maintenance of the location for which a permit has been issued, it shall be a violation of
this article for a permittee, or any of the permittee's agents or employees, to violate any local, state,
or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
(a) The remedies provided by this article are cumulative and in addition to any other remedies
available at law or in equity;
(b) Whenever evidence of a violation of this article is obtained in any part through the
participation of a person under the age of eighteen (18) years old, such a person shall not be
required to appear or give testimony in any civil or administrative process brought to enforce
this article and the alleged violation shall be adjudicated based upon the sufficiency and
persuasiveness of the evidence presented;
(c) Violations of this article are subject to a civil action brought by the city attorney, punishable
by a civil penalty not less than one thousand dollars ($1,000) and not exceeding five
thousand dollars ($5,000) per violation;
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(d) Violations of this article may, in the discretion of the city attorney, be prosecuted as
misdemeanors;
(e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this
article shall also constitute a violation of this article;
(f) Any tobacco retailer which is opened, operated or maintained contrary to the provisions of
this article shall be deemed a public nuisance. In addition to, or in lieu of, any other
available legal remedies, the city attorney may commence a civil legal action or actions in a
court of competent jurisdiction to abate such nuisance and to enjoin the continued operation
and maintenance of the tobacco retailer establishment in a manner prohibited by this article.
(g) In addition to other remedies provided by this article or by other laws, any violation of this
article may be remedied by a civil action brought by the city attorney, including, for
example, administrative or judicial nuisance abatement proceedings, civil or criminal code
enforcement proceedings, and suits for injunctive relief
13.78 Civil Penalties, Suspension or Revocation of Permit. A permit issued contrary to this
article, contrary to any other law, or on the basis of false or misleading information supplied by a
proprietor may be suspended or revoked pursuant to section 13.80 of this article. Nothing in this
article shall be construed to vest in any person obtaining and maintaining a Tobacco Retailer's
Permit any status or right to act as a tobacco retailer in contravention of any provision of law.
In addition to any other penalty authorized by this article or by other laws, civil penalties shall be
imposed as set forth below. In addition, a Tobacco Retailer's Permit may be suspended and/or
revoked as set forth below if any court of competent jurisdiction determines, or the city finds based
on a preponderance of the evidence, after the permittee is afforded notice and an opportunity to be
heard pursuant to Section 13.80, that the permittee, or any of the permittee's agents or employees,
has violated subsection 13.68(d):
(a) After a first violation of subsection 13.68(d) at a location, a civil penalty of one thousand
dollars ($1,000) shall be imposed. In addition, the city may suspend the Tobacco Retailer
Permit for a period no less than thirty (30) calendar days;
(b) After a second violation of subsection 13.68(d) at a location within a sixty (60) month
period, a civil penalty of two thousand five hundred dollars ($2,500) shall be imposed. In
addition, the city may suspend the Tobacco Retailer Permit for a period no less than sixty
(60) calendar days;
(c) After a third violation of subsection 13.68(d) at a location within a sixty (60) month period, a
civil penalty of five thousand dollars ($5,000) shall be imposed. In addition, the city may
revoke the Tobacco Retailer Permit.
13.79 Revocation of a Wrongly Issued Permit. A Tobacco Retailer's Permit shall be revoked if
the city finds, after the permittee is afforded notice and an opportunity to be heard consistent with
the procedure set forth in Gilroy City Code Section 13.81 et seq., that one or more of the bases for
denial of a permit under section 13.70 existed at the time application was made or at any time before
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the permit issued. The decision by the city to revoke shall be the final decision. Such a revocation
shall be without prejudice to the filing of a new permit application.
13.80 Suspension or Revocation of a Tobacco Retailer Permit, or Forfeiture of Seized
Tobacco and Tobacco Paraphernalia Process. The city may suspend or revoke a Tobacco
Retailer's Permit pursuant to Section 13.78 or 13.79 or deem seized tobacco and/or tobacco
paraphernalia as forfeit pursuant to Section 13.75(c). Before the city suspends or revokes a permit or
deems seized tobacco and/or tobacco paraphernalia as forfeit, the city shall provide written notice of
the suspension or revocation of a permit or the pending forfeiture by personal delivery or first class
certified United States mail. The notice shall provide for the suspension or revocation of the permit
or forfeiture of the seized items fifteen (15) calendar days after mailing or personal delivery of the
notice unless the permittee requests a hearing. The notice shall instruct the permittee on how to file
a request for a hearing consistent with Section 13.81 et. seq. The notice shall be addressed to the
permittee at the address provided in the permittee's application, or other more reliable address if
known to the city. If after the passage of fifteen calendar days from the mailing or personal delivery
of the notice, the permittee has not requested a hearing, the suspension, revocation, or forfeiture shall
become final.
13.81 Hearing.
(a) The permittee may request a hearing before the city administrator on a decision of the city to
suspend and/or revoke a Tobacco Retailer Permit or deem seized tobacco and tobacco
paraphernalia. The request must be filed with the city clerk within fifteen (15) calendar days
following the mailing or personal delivery of written notice of the suspension and/or
revocation.
(b) The city clerk shall schedule an administrative hearing with the city administrator or his or
her designee. The administrative hearing shall be held pursuant to the city's Administrative
Hearing Policy as set forth in Resolution No. 97 -17.
13.82 New Permit after Revocation.
(a) After first revocation at a location within any sixty -month (60) period, no new permit may be
issued for the location until one calendar year has passed from the date of revocation.
(b) After second or more revocations at a location within any sixty -month (60) period, no new
permit may be issued for the location until five calendar years have passed from the date of
the most recent revocation.
13.83 Nondiscrimination. No person shall discharge, refuse to hire, or in any manner discriminate
against any employee or applicant for employment because such employee or applicant exercises
any rights afforded by this article."
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SECTION II
If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for
any reason held to be unconstitutional or otherwise void or invalid by any court of competent
jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby.
SECTION III
Pursuant to Section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full
force and effect thirty (30) days from and after the date of its adoption.
PASSED AND ADOPTED this 17th day of November, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO, LEROE-
MUNOZ, TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
A TT�QT.
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APPROVED:
4)� JJ, -4,
Donald Gage, Mayor
-12- ORDINANCE NO. 2014-14
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2014 -14 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 17'h day of November, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 19`b day of November, 2014.
City Clerk of the City of Gilroy
(Seal)