San Jose council bans retail nitrous oxide sales and imposes temporary moratorium on new tobacco retailer licenses

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…