HomeMy WebLinkAbout05 04 2026 - Item 9.3 - Liz Hendrix
May 4, 2026
The Honorable City Council
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
Dear Honorable City Council Members,
The American Cancer Society Cancer Action Network (ACS CAN’s) mission is to advocate for
evidence based public policies that reduce the burden of cancer for everyone, and we are
committed to advancing that mission in the city of Gilroy. On behalf of ACS CAN, the nonprofit,
nonpartisan advocacy affiliate of the American Cancer Society, thank you for considering
amendments to the current Gilroy tobacco retail permitting (TRP) ordinance that will protect
the health of Gilroy residents.
We respectfully urge you to update the TRP policy in Gilroy with the following provisions:
1) Prohibit new retailers and existing retailers applying to renew their license from locating
within 1,000 feet of all youth-centered areas (public or private school, a library, a
playground, a park, a licensed child-care facility, or a youth center) or an existing tobacco
or cannabis retailer.
By not allowing any new retailers to locate near youth-centered areas, youth exposure to
tobacco product marketing decreases. Research shows that when tobacco retailers
are located near schools or homes, youth experimentation with tobacco products goes up.
The tobacco industry pours millions of dollars a day into in-store marketing because they
know it works. When retailers are located near youth-centered areas, youth are exposed to
this marketing on a frequent basis. Prohibiting all retailers from locating within 1000-feet of
a school, library, park or residential neighborhood will reduce youth exposure to tobacco
industry marketing.
2) Cap the total number of tobacco retailer licenses at the current number.
A greater availability of tobacco products is associated with both youth and adult
smoking. Tobacco retailer location and density also heavily contribute to social inequities as
tobacco retailers are more prevalent in lower-income areas and communities in which a
greater percentage of residents identify as African American or Hispanic.
3) Prohibit the sale of all flavored tobacco products at all stores.
Flavored tobacco products are enticing to youth and young adults , and the availability of
any flavored tobacco products increases the likelihood that young and new tobacco users
will try these products and become addicted to them.
4) Apply all provisions of the ordinance equally to all tobacco retailers in the city and do not
allow exemptions for specific types of stores.
Allowing exemptions for certain types of stores adds complexity to the enforcement of a
policy and creates unintended regulatory gaps. It is important to hold all tobacco retailers to
the same standards to create a level playing field and ensure that no stores have an unfair
advantage that may make it easier to illegally sell tobacco products.
ACS CAN also recommends that the council consider the following additional provisions to
ensure that the city of Gilroy’s ordinance is as comprehensive as possible:
• Ensure that licensing fees are sufficient for sustained enforcement and set meaningful
penalties, including suspension and eventual revocation of the permit for retailers who
have repeated violations.
• Establish a minimum pack size and minimum price for all tobacco products.
• End the sale of all tobacco products in pharmacies.
• Prohibit the redemption of coupons and discounts on tobacco products.
We thank you for your leadership on this issue and for your commitment to protecting the
residents of Gilroy.
Sincerely,
Liz Hendrix
Government Relations Director, Northern California
American Cancer Society Cancer Action Network