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HomeMy WebLinkAbout02 09 2026 - Item 5.1 - Ryan KrollSS SOLOMON SALTSMAN & JAMIESON A Partnership of Professional Corporations 426 Culver Boulevard | Playa Del Rey, CA 90293 Telephone: 310.822.9848 | Facsimile: 310.822.3512Toll Free: 800.405.4222 www.ssjlaw.com Ryan M. Kroll, Partner rkroll@ssjlaw.com February 9, 2026 via email only Honorable Members of Gilroy City Council Gilroy City Hall 7351 Rosanna Street Gilroy, CA 95020 RE:Request to Consider Modification of Tobacco License Moratorium Related to Circle K’s New Location at 7010 Chestnut St. Dear Honorable Members of the City Council, I am writing on behalf of my client, Circle K. As I am sure you know, Circle K just opened a new state of the art convenience market and gas station at 7010 Chestnut St. in Gilroy. Circle K has invested over $6.5 million into this project. Circle K is excited about this new store and is looking forward to furthering its relationship with the community. However, an issue has arisen due to the City's tobacco license moratorium because this new Circle K location is now being prevented from obtaining a tobacco retailer permit despite the fact that: 1. Circle K obtained its State Tobacco Retailer License in October 2025 (License #251- 631456); 2. Circle K submitted its City business license application on November 7, 2025 to sell tobacco products - around 2 months before the moratorium went into effect; 3. Circle K received approval in December 2024 from the City for its floor plans that specifically identified that it would be selling tobacco products; and 4. Circle K had received its building permit and began construction in April 2025 and the total cost for the project was over $6.5 million. Thus, after receiving all necessary permission from the City to construct and operate a gas station and convenience store that sells tobacco products and in reliance upon those approvals spent over $6.5 million to construct that convenience store and gas station, Circle K is now being told that it California | Oregon | Washington | Wisconsin | Michigan | Alaska | New Mexico Litigation | Personal Injury| Gaming | Employment Law | Land Use |Indian Law | Alcohol Licensing