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Politics & Government

Council Won't Pursue Tobacco Retail License Ordinance

After hearing from opponents and proponents of the proposed tobacco ordinances, the city council decided not to move forward with their implementation.

About 10 community members, many of them involved with organizations like Breathe California and the South County Collaborative, spoke before the city council Monday in support of .

Although most council members expressed concern regarding the health risks of secondhand smoke, littering and youth smoking, they decided not to move forward with a tobacco retail license—a decision that was likely influenced by the small business owners who addressed the council in opposition.

The tobacco retail license ordinance would have required businesses that sell tobacco and paraphernalia to obtain an annual license with a cost between $150 to 400, which city staff based on fees in other Santa Clara County cities.

It also would have potentially prohibited the sale of tobacco within 1,000 feet of schools and other “youth-populated facilities,” such as parks, youth centers and libraries.

The second ordinance would have completely banned smoking and the use of tobacco products in city-owned recreational areas. The council indicated that its members are interested in developing designated spots for smoking, but that it doesn't want to ban smoking entirely in recreational areas.

Business Backlash
Gilroy business owners spoke out against the retail license ordinance, saying those who sell tobacco have internal regulations in place that prevent tobacco from being sold to minors, and said that staff training and practices, like mystery shoppers, keep businesses from selling tobacco to minors.

They also expressed concern over an element of the ordinance that would have prevented licenses from being transferred between owners during the sale of a business. This, they feared, could hurt the business' resale value.

Stan Ketchum, a senior planner with the city who presented the tobacco ordinances report, said tobacco accounts for up to 20 percent of revenue for businesses that sell the product.

Susan Valenta, president and CEO of the , said she did her own research into how businesses regulate the sale of tobacco to minors.

“The retailers follow some very strict rules," she said. "There are penalties because it's illegal to sell tobacco to someone under the age of 18."

Valenta said more time is needed to research tobacco-selling practices and to work in tandem with the business community before an ordinance can be crafted.

Councilman Peter Leroe-Munoz agreed with the need for more dialogue to take place, but said he did support banning smoking in the city's public recreation areas.

“This is an opportunity to protect children, the elderly and citizens from secondhand smoke at no cost to us,” he said. “The cost of not acting is far too great.”

Councilman Dion Bracco indicated early on that he would not support the retail license.

“To impose more fees on a small business, I can’t do it,” he said.

Other Items

Find out what's happening in Gilroywith free, real-time updates from Patch.

  • Mayor Al Pinheiro proclaimed March 12 to be Girl Scouts Day in Gilroy.
  • The council formally adopted the small animal ordinance it approved during its .
  • The council adopted an amendment to a zoning ordinance that establishes new water efficient landscaping regulations.

 

Find out what's happening in Gilroywith free, real-time updates from Patch.

 

 

 

 

 

 

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