HomeMy WebLinkAboutOrdinance No. 2025-08 | Urgency Ordinance Prohibition on Issuance of Tobacco Retailer Permits | Adopted 11/03/2025
ORDINANCE NO. 2025-08
AN URGENCY INTERIM ORDINANCE OF THE CITY OF GILROY PROHIBITING
THE ISSUANCE OF TOBACCO RETAILER PERMITS FOR A PERIOD NOT TO
EXCEED FORTY-FIVE (45) DAYS WITHIN THE GILROY DOWNTOWN SPECIFIC
PLAN AREA
WHEREAS, the City of Gilroy (“City”) is a municipal corporation duly organized as a
Charter City under the California Constitution and laws of the State of California; and
WHEREAS, the City Council has broad discretion pursuant the California Constitution
Article XI, Section 5; and the general laws of the state, including, but not limited to, the
California Planning and Zoning Law (Gov. Code section 65000 et seq.) to legislate for public
purposes and for the general welfare, including, but not limited to, matters of public health and
safety; and
WHEREAS, California Government Code Section 65858 sets forth procedures for the
adoption of an urgency interim ordinance to prohibit the approval of applications for additional
subdivisions, use permits, variances, building permits, and other applicable entitlements for uses
that may be in conflict with a contemplated specific plan or zoning proposal that the legislative
body, planning commission or the planning department is considering or studying or intends to
study; and
WHEREAS, on November 7, 2005 the City adopted the Gilroy Downtown Specific
Plan, which serves as the regulatory and design framework to guide redevelopment and
revitalization of downtown Gilroy over a 20-year period, focusing on mixed-use development,
economic vitality, walkability, and community cohesion and are regulated within the Article XIV
of the Gilroy Municipal Code titled “Downtown Specific Plan Districts” (Ord. No. 2019-08;
Gilroy Code Section 30.14 et seq); and
WHEREAS, Section V of the City of Gilroy Downtown Specific Plan holds a vision to
serve as a primary retail and entertainment destination, with youth-oriented entertainment uses
and a prohibition of adult stores; and
WHEREAS, on November 17, 2014, the City adopted an Ordinance requiring all
tobacco retailers to obtain a “Tobacco Retailer Permit” to ensure that retailers comply with
tobacco control laws and City business standards (Ord. No. 2014-14; Gilroy Code Section 13.66
et seq); and
WHEREAS, in California, individuals under the age of 21 are prohibited from
purchasing or using tobacco or cannabis products. This regulation is based on evidence that
smoking is the leading cause of preventable disease and mortality worldwide. Smokeless tobacco
is also associated with increased risk for several cancers, including those of the mouth,
esophagus, and pancreas. Additionally, marijuana smoke contains many of the same toxins,
irritants, and carcinogens found in tobacco smoke; and
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Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025
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WHEREAS, while the majority of tobacco retailers in the City operate in conjunction
with another land use activity (i.e., part of a grocery store, liquor store, gas station, convenience
store), in the past year-and-a-half the City has seen a significant increase in the number of stand-
alone “Smoke Shop” tobacco retail stores; and
WHEREAS, the prevalence of tobacco retail establishments within the Downtown
Specific Plan Districts may contribute to various adverse effects because of the associated health
risks and density to walkable areas where minors frequent. In addition, social and economic
burdens due to smoking-related illnesses place demands on community health resources and
increase healthcare costs. Tobacco retailer businesses can also be a target for theft and
vandalism, as well as may be affiliated with the sale of illegal cannabis products and drug
paraphernalia that encourage illegal activity. Hemp products have also been found to be sold in
tobacco retailer businesses and smoke shops, with marketing aimed towards children featuring
colorful packaging designs and sweet candy flavors. Cigarette butts and packaging contribute to
litter and environmental degradation; and
WHEREAS, tobacco retail stores have been a source of unlawful activities in the City,
including April 2025, where the California Department of Tax and Fee Administration (CDTFA)
and the City of Gilroy confiscated flavored tobacco products and hallucinogenic psilocybin that
are illegal to sell from certain local tobacco retail businesses; and
WHEREAS, considering the foregoing findings, the City Council finds that there is a
current and immediate threat to public health, safety, and welfare, and that approval of additional
tobacco retailer permits within the Downtown Specific Plan Districts would result in and
exacerbate that threat to public health, safety and welfare; and
WHEREAS, within a reasonable time, the City Council or staff is considering or
studying or intends to study a contemplated general plan, specific plan, or zoning proposal to
address the foregoing concerns, with which the uses currently authorized by tobacco retailer
permits may be in conflict; and
WHEREAS, on November 3, 2025, in accordance with State law, the City Council
provided due consideration of all evidence presented and provided in the entire administrative
record and held a duly noticed public hearing and took testimony regarding this urgency interim
ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION I. Recitals.
The above recitals are true and correct and hereby adopted as the City Council’s findings.
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SECTION II. Purpose and Authority.
In the interest of protecting the health, safety, and welfare of the residents in the City of Gilroy, it
is the purpose and intent of this urgency interim Ordinance to place a temporary moratorium on
the issuance of any new permit, license, or other entitlement for any tobacco retailer business in
the Downtown Specific Plan Districts, which pursuant to Article XIV of the Gilroy Municipal
Code consists of the Downtown Historic District, the Downtown Expansion District, the
Civil/Cultural Arts District, the Transitional District, the Cannery District, and the Gateway
District. This includes any new permit, license, or other entitlement for the relocation or physical
expansion of existing business falling under the definition of a tobacco retailer business as
defined in Gilroy Municipal Code Section 13.66. The City Council has authority to adopt this
Ordinance pursuant to California Government Code Section 65858 as an urgency measure
prohibiting any use that may be in conflict with a contemplated general plan, specific plan, or
zoning proposal that the City is considering or studying.
SECTION III. Findings.
The City Council hereby finds and determines that tobacco retailer businesses in the Downtown
Specific Plan Districts constitute an immediate threat to public health, safety, and welfare. The
approval of additional entitlements for Tobacco Retailer Permits and approval of the relocation
or physical expansion of existing tobacco retailer business under the City’s current regulations
will further threaten the public health, safety, and welfare. The adoption of this urgency interim
Ordinance is therefore necessary for the immediate protection of public health, safety, and
welfare. The above recitals are incorporated herein by reference as true and correct as the
Council’s findings.
SECTION IV. Moratorium Imposed.
This Ordinance imposes a moratorium on the issuance of any Tobacco Retailer Permit, as set
forth by Chapter 13 Article VIII (Tobacco Retailer Permit) of the Gilroy Municipal Code in the
Downtown Specific Plan Districts. This moratorium shall not apply to the renewal of an existing
tobacco retailer’s permit previously issued by the City of Gilroy.
SECTION V. Violation.
Except as otherwise permitted under this urgency interim Ordinance, the establishment,
relocation, or physical expansion of a Tobacco Retailer Business within the limits of the
Downtown Specific Plan Districts is declared to be a public nuisance. Violations of this urgency
interim Ordinance may be enforced by any applicable laws or ordinances, including, but not
limited to, injunctions or administrative or criminal penalties under the Gilroy Municipal Code.
SECTION VI. Term of Ordinance.
This urgency interim Ordinance shall be in effect from the date of adoption for a period of forty-
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Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025
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five (45) days, unless it is extended pursuant to California Government Code Section 65858 or
other applicable law, as approved by the City Council.
SECTION VI I. Severability.
If any section, subsection, subdivision, sentence, clause or phrase of this urgency interim
Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court
of competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this urgency interim Ordinance. The City Council hereby declares that it would have passed this
urgency interim Ordinance and each section, subsection, subdivision, sentence, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, or phrases may be declared unconstitutional or otherwise invalid by a court of
competent jurisdiction.
SECTION VIII. CEQA Determination
This urgency interim Ordinance is exempt from environmental analysis under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3)
because it can be seen with certainty that this Ordinance has no possibility of having a significant
effect on the environment, as it merely preserves the status quo in accordance with Government
Code Section 65858 in the interest of evaluating and preventing potential harms related to
tobacco sales.
SECTION IX. Effective Date.
This urgency interim Ordinance, passed by at least a four-fifths vote of the City Council, is
declared to be an interim urgency Ordinance for preserving the public health, safety, and welfare
and shall take effect and be enforced immediately upon adoption pursuant to Government Code
Section 36937(b).
SECTION X. Publication.
The City Clerk shall cause this Ordinance to be published and shall be published, or summary
thereof, one time within fifteen (15) days upon passage and adoption in a newspaper of general
circulation, such as the Gilroy Dispatch.
PASSED AND ADOPTED by the City Council of the City of Gilroy this 3rd day of
November 2025, by the following vote:
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Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025
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AYES: COUNCIL MEMBERS: BRACCO, CLINE, FUGAZZI, HILTON,
MARQUES, RAMIREZ, BOZZO
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
APPROVED:
Greg Bozzo, Mayor
ATTEST:
___________________________
Kim Mancera, City Clerk
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Prohibition on Issuance of Tobacco Retailer Permits
City Council Regular Meeting | November 3, 2025
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CERTIFICATE OF THE CLERK
I, KIM MANCERA, City Clerk of the City of Gilroy, do hereby certify that the attached
Ordinance No. 2025-08 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
Monday, November 3, 2025, with a quorum present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this November 4, 2025.
____________________________________
Kim Mancera
City Clerk of the City of Gilroy
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