The San Jose City Council on Nov. 4 adopted two urgency ordinances aimed at reducing youth exposure to inhalants and flavored nicotine products, voting unanimously to ban retail sales of nitrous oxide in tobacco and smoke shops and to impose a temporary moratorium on new tobacco retail licenses.

City staff told the council the nitrous-oxide ban and the moratorium are intended to close enforcement gaps and protect neighborhoods, especially those where tobacco and smoke shops are concentrated. "Nitrous oxide misuse is a growing public health issue, particularly among teens and young adults," Rachel Roberts, deputy director for code enforcement, told the council during a joint presentation on the items.

Roberts said the proposed nitrous-oxide ordinance would "ban nitrous oxide sales in tobacco retail licensed businesses, smoke shops, and similar retail establishments," hold property owners jointly responsible for violations, and allow exceptions for medical, dental and industrial uses. The urgency ordinance would take effect immediately upon adoption. Staff described a "two-pronged" enforcement strategy combining administrative remedies by code enforcement (citations, cease-and-desist orders, license revocation) with criminal referrals to the police department when illegal drugs or criminal activity are found.

The moratorium on new tobacco retail licenses, also adopted as an urgency ordinance, pauses new license issuance while staff review and strengthen the Tobacco Retail License program, close code loopholes, and coordinate with police and county public-health partners. The staff report cited an overconcentration of retailers in some neighborhoods and ongoing complaints about unlicensed businesses and flavored-product sales despite the 2022 citywide flavored-tobacco ban.

Council members who supported the measures framed them as public-health and equity interventions. "I consistently say you throw a rock in East San Jose, you're gonna hit a smoke shop," Councilmember Ortiz said, urging attention to higher retailer density in lower-income neighborhoods. Vice Mayor Pam Foley and others emphasized enforcement capacity as the key to making the ordinances effective.

Public commenters and advocates urged faster, proactive enforcement and dedicated funding for inspections. "Licensing fees should fully fund enforcement," said community advocate Erica Murphy during public comment. Vasundara Tatamedi, another speaker, urged the council to ensure enforcement is "smart, swift, and serious enough to truly protect San Jose's youth." City staff said the moratorium would give them time to craft ordinance language, amend the fine schedule and reconcile city and state retailer lists.

Councilmember Ortiz moved the moratorium with a group memo attached; Councilmember Casey seconded the motion. Councilmember Mulcahy moved adoption of the nitrous-oxide urgency ordinance. Both measures passed unanimously.

What the council approved

- An urgency ordinance prohibiting retail sale and distribution of nitrous oxide canisters in tobacco-retail-licensed businesses and similar retailers; the ordinance takes effect immediately and provides civil enforcement tools, including administrative citations and license revocation. (Motion: Councilmember Mulcahy; Vote: adopted unanimously.)

- An urgency ordinance imposing a temporary moratorium on issuance of new tobacco retail licenses for an initial 45-day period (with potential extensions) to allow staff to revise licensing rules, strengthen fines, and improve enforcement and interagency coordination. (Motion: Councilmember Ortiz; Second: Councilmember Casey; Vote: adopted unanimously.)

Next steps

Staff will return with ordinance language and a progress update at least 10 days before the initial 45-day moratorium expires, including recommendations for any extension or permanent code amendments. The council directed staff to prioritize enforcement capacity, cross-department coordination, and outreach to communities with heavy retailer concentrations.

Provenance: topic introduced by Rachel Roberts and Chris Burton at 01:41:58 (transcript block starting 6118.19) and concluded with the council vote at 02:17:09 (transcript block starting 8229.595).