7.1 Prohibition of the Sale and Distribution of
Nitrous Oxide
and
7.2 Temporary Moratorium on Tobacco Retail
License
City Council
November 4, 2025
Presented by: Rachel Roberts, Deputy Director, PBCE
Vance Chang, Deputy City Attorney, CAO
7.1 Prohibition of the Sale and Distribution
of Nitrous Oxide
2 Nitrous Oxide: Growing Public Health and Regulatory Issue Public Health Concern
Rising misuse among teens, young
adults
Serious health risks, including
death
Community Impact
Increased access
Prohibited retail sales normalize
recreational use
Litter and environmental blight
Regulatory Gaps
State safeguards have proven
largely ineffective
Widely sold in smoke shops or
similar retail establishments
3 New SJMC Chapter 6.89
“Nitrous Oxide”
• Ban nitrous oxide sales in smoke shops or similar retail establishments • Hold property owners jointly liable
• Allow limited medical, dental, or other industrial exceptions • Declare violations a public nuisance
• Allow Tobacco Retail License revocation for violations • Urgency Ordinance- Effective Immediately
The Proposed Chapter Would:
• Reinforce state law restrictions
• Eliminate major retail sources
• Reduce recreational nitrous oxide misuse
• Support broader public health efforts
• Provide civil enforcement mechanism through:
• Revocation of TRL Licenses
• Administrative Remedies
Anticipated Outcomes :
4 Chapter 6.89
“Nitrous Oxide”
Enforcement
Complaint Response (Code or PD)
or
Proactive TRL Program Inspections
(Code)
Illegal Drugs/Products
Found
Criminal Enforcement
Municipal Code
Violations Found
Administrative
Enforcement Action
Cease and Desist
DA Legal Action
(Criminal)
CAO Legal Action (Civil)
TRL License Revocation
(if applicable)
Administrative
Remedies Citations (TBD)
Police Department Code Enforcement
5 7.2 Temporary Moratorium on Tobacco
Retail License
6 Tobacco Retail License: Scope of the Issue
Public Health Risks
Youth access to tobacco, vaping,
other drugs
Prohibited flavored tobacco sales
Sale of Illegal drugs/products
Enforcement Trends
Increase in complaints regarding
unlicensed operations, illegal sales
(including flavored tobacco products)
Of 101 unique businesses with
complaints:
-30 operating without TRL
-35 operating without a TRL and
Business Tax License
Neighborhood/Equity
Impacts
Overconcentration near schools,
youth centers, and residential areas
Latino Health Assessment (2025)
found higher retailer density in
underserved areas
7 Tobacco Retail License: Moratorium Framework
• Urgency ordinance (Gov. Code
§ 65858)
• Requires 8 City Council
votes
• Takes effect immediately
for 45 days, extendable up
to 2 years
• Prevents new businesses from
obtaining a Tobacco Retail
License
• Exempts existing, licensed
retailers
• Address proliferation of
vape/smoke shops and
unpermitted operations
• Protect public health, youth, and
vulnerable communities
• Allow time to:
• Review and strengthen TRL
program
• Enhance coordination among
departments and agencies
• Review enforcement tools and
process
Moratorium Framework Purpose and Rationale
• Ensure businesses comply
through permitting, ending
illegal sales, or closure
• Improve enforcement framework
• Reduce youth exposure and
overconcentration
• Stronger community health and
neighborhood safety
Projected Outcomes
8 Work Plan During
Moratorium
Ordinance amendments to strengthen TRL regulations and close loopholes (definitions, signage, product rules)Develop
The fine schedule to increase TRL fines (part of Fine Study)Amend City and State Lists of TRL businessesReconcile
Coordinated enforcement strategy in partnership with Police, City Attorney, State, County Public HealthImplement
Enforcement on businesses operating in violation including but not limited to ceasing sales, revoking TRL, ceasing operations, or legal action
Conduct
Proactive inspections and complaint responseContinue
Scope of the California Department of Justice grant for targeted enforcementExpand
9 Enforcement
During
Moratorium
Complaint Response (PD/Code)
or
Proactive Inspections (Code)
Illegal Drugs/Products
Found
Criminal Enforcement
Municipal Code
Violations Found
Administrative
Enforcement Action
Cease and Desist
DA Legal Action
(Criminal)
CAO Legal Action (Civil)
TRL License Revocation
(if applicable)
Administrative
Remedies Citations
Police Department Code Enforcement
10 Next Steps
Initial 45-day Moratorium
begins upon adoption
Staff report to City
Council 10 days prior to
expiration with progress
update
Implement work plan and
return with
recommendations
11