Flavored Tobacco Ordinance
and Nitrous Oxide Work Plan
Status Report
Presenter:
Rachel Roberts
Deputy Director, Code Enforcement
Neighborhood Services and Education Committee
October 12, 2023
Council Direction- Flavored Tobacco Ordinance
September 28, 2021- Council approved an ordinance amendment to Chapter 6.87 Tobacco Retail License (TRL) of the San Jose Municipal Code.
Council further directed staff to: • Clarify enforcement will be aimed at tobacco retailers • Continue to perform a minimum of one annual compliance check per year • Pursue enforcement grants, including funding for decoy enforcement programs • Consider fine schedule amendments to increase TRL violations penalties • Report back to Council on efforts to cross-train inspectors/improve efficiency of code operations
• Return to the Neighborhood Services and Education Committee within 12 months after full implementation analyzing the ordinance’s effects on tobacco retail licenses throughout San José with a special focus on tobacco retail licenses that are within 1,000 feet of youth-sensitive receptors
Post Ordinance:
Implementation and Enforcement Strategy
Collateral and
Website
Updates Completed
TRL Annual
Renewal
Process
Outreach to All
Retailers Completed
Obtained
Grant Funding
Implemented
Decoy
Program Ongoing
Inspections
and
Enforcement
Enroll new
retailers
Cessation
Program
Resources
Outcomes- Inspections and Enforcement
• Ordinance enforcement
began July 2022
• 457 annual inspection
completed FY22-23 (78% of
licensed businesses)
• Majority had minor violations
resulting in Warnings that were
quickly remedied
Inspections
• 20 complaints
• Selling tobacco to minors,
proximity concerns, no TRL,
smoking inside
• 7 Citations, 4 Warnings
• 6 cases still under investigation
Complaint
Response
• 60k Grant for November 2021
through June 2024
• July 2022- February 2023
• 93 operations
• 18 failed/20 Citations issued
• TRL revocation being explored
with CAO for repeat offenders
Decoy
Operations
Outcomes- TRL Proximity
* Youth-sensitive receptors are defined as Parks, Libraries, Schools, and community or recreation centers Proximity of TRL Businesses to Youth- Sensitive Receptors 2021 2023 #/% change
Total locations 613 583 -30/5%
Within 500-foot Youth-Sensitive
Receptor Buffer
199 180 -19/10%
Within 1000-foot Youth-Sensitive
Receptor Buffer
421 389 -32/8%
Within 500-foot of Another TRL
(grouped event)
140 134 -6/4%
OutcomesTRL Businesses
by Council District*
# of TRL Businesses
District 2020 2023 Change
1 56 52 -4
2 34 35 +1
3 117 96 -21
4 40 41 +1
5 74 70 -4
6 68 69 +1
7 89 82 -7
8 33 33 0
9 66 68 +2
10 36 37 +1
Total 613 583 -30/ 5%
*without redraw
Outcomes and Challenges
• New products entering the market that appear to circumvent the ordinance • Flavored tobacco products stored under counters/out of view or in an inaccessible area making enforcement difficult • Zoning Ordinance - Updates needed to ensure alignment between the Zoning and TRL codes regarding proximity requirement • TRL Ordinance-Updates needed to clarify or add TRL regulations regarding : • Regulating tobacco distributors • Clarifying shisha product exemptions
• Regulating the storage of flavored tobacco products
• Requiring 21 and over signage at Hookah Lounges
Council Direction- Nitrous Oxide
February 16, 2022- In accordance with staff’s Early Consideration Form response, Rules and Open Government Committee approved Council Member Davis’s recommendation to direct staff to, in summary: • Begin ordinance work within 6 to 9 months once priority work items were completed • Evaluate: • TRL Ordinance/research ordinances in other jurisdictions • Impact on staffing and resources on Code Enforcement/SJPD • Conduct business/stakeholder outreach • Design a plan for implementation including a grace period for retailers • Collaborate with SJPD on available support/enforcement assistance for illegal Nitrous Oxide sales • Explore potential requirements, in coordination with County/CAO, for retailers to display substance abuse resources
• Coordinate with the Office of Administration, Policy, and Intergovernmental Relations to advocate for State legislation banning sale of products
Nitrous Oxide Work Plan
Nitrous Oxide Proposed Work Plan (9 months+ Implementation) Objective Coordination Target Timeline
Research, Benchmarking, and
Analysis
PBCE, SJPD, CAO Jan/Feb 2024
Internal Coordination/
Enforcement Plan
Development
SJPD, SCC PHD, City Attorney’s
Office, Office of Administration,
Policy, and Intergovernmental
Relations
March/April 2024
Draft Ordinance PBCE, SJPD, CAO May 2024
Outreach PBCE, CAO June/July 2024
Final Ordinance Adoption PBCE, CAO Aug/September
2024
Implementation PBCE, SJPD, CAO January 2025
Next Steps
Flavored Tobacco Ordinance
Continue to: • Enroll new businesses into the TRL Program as required- Ongoing • Carry out inspections and enforcement- Ongoing Work in partnership with SCC PHD to develop resources for smoking cessation programs and assistance as feasible –Target June 2024 Consider fine schedule amendments to increase TRL violations penalties (Council Direction)- Target June 2024 pending further analysis
Report back to Council on efforts to cross-train inspectors/improve efficiency of code operations for Special Programs including TRL (Council Direction)- Target October 2024 pending implementation Update Zoning and TRL Ordinance to address challenges, strengthen enforcement, and further clarify regulations as appropriate – Target Fiscal Year 2024-2025 Nitrous Oxide Ordinance- Begin Work Plan in January 2024
Flavored Tobacco Ordinance
and Nitrous Oxide Work Plan
Status Report
Presenter:
Rachel Roberts
Deputy Director, Code Enforcement
Neighborhood Services and Education Committee
October 12, 2023