San Jose approves moratorium on new tobacco retailers, bans sale of nitrous oxide at smoke shops

"With an unusually high concentration of smoke shops in East San Jose, Councilmember Peter Ortiz cannot be accused of using hyperbole when he says that if you throw a rock there, you are likely to hit one of those stores. But after years of attempting to rein in the problem, the San Jose City Council has approved a temporary moratorium on tobacco retailers and a ban on nitrous oxide sales in those establishments efforts it says that put the well-being of youths and their families first."

"Over the past several years, East San Jose and other working-class neighborhoods have seen a dramatic rise in smoke shops, often located just blocks away from schools, youth centers and family homes. In fact, I first thought of this policy when a smoke shop under the guise of a gift shop opened directly across the street from the James Lick (High School) and the Alum Rock village business district."

"The 45-day moratorium approved by the City Council can be extended for up to two years. Existing retailers can continue to operate and seek permit renewal during the moratorium, while the city suspends new applications. During the temporary ban on new establishments, the city intends to review its licensing program, including the possibility of additional regulations and increased fines to address the growing number of complaints about smoke shops and illegal sales to minors."

East San Jose has an unusually high concentration of smoke shops, frequently located near schools, youth centers and family homes. The San Jose City Council approved a 45-day moratorium on new tobacco retailers in affected areas and banned nitrous oxide sales at those establishments. The moratorium can be extended up to two years, and existing retailers may continue operating and seek permit renewal while new applications are suspended. The city will review its tobacco retail licensing program and may adopt additional regulations and higher fines to address complaints and illegal sales to minors. Prior 2021 measures already restricted flavored tobacco, e-cigarettes, and retailer proximity to youth-sensitive areas.

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