San Jose is poised to enact a temporary moratorium to block the establishment of new tobacco shops throughout the city as officials draw up a long-term plan to regulate such businesses.
The San Jose City Council is set to consider a measure Tuesday that would halt the issuance of new licenses for local tobacco businesses — including retailers, smoke shops and smoking lounges — for as long as two years. It’s a response to complaints that some local shops have become avenues for the illicit sale of controlled substances, including to minors.
Councilmember Peter Ortiz, who introduced the moratorium, said these problems have taken a disproportionate toll on his own District 5, which encompasses the predominantly Latino neighborhoods of East San Jose. The district includes an especially high concentration of smoke shops — nearly seven per square mile, according to a countywide assessment conducted earlier this year. That’s twice as high as the rest of Santa Clara County.
“We’re seeing these types of businesses that are targeting our working class and immigrant communities,” he told San José Spotlight. “We need to give our youth a chance to have a healthy life, and we can’t be exposing them to these things at a young age.”
If approved, the temporary licensing pause would give the city time to review existing tobacco regulations and consider how they might be strengthened, according to a city memo. The updated rules could include density controls to limit how many smoke shops are permitted in a single city district.
“I think the city of San Jose needs to refocus away from going after the drug sales in the park, and start going after these individuals who are doing it in the light of day in front of everyone in our storefronts,” Ortiz said.
A group of councilmembers — including Ortiz, Domingo Candelas, Pamela Campos, George Casey and David Cohen — first proposed the moratorium in May.
In making their case for the measure, they warned the city has seen a rise in the number of complaints about unlicensed tobacco businesses in recent years. The city has also tracked rising incidents of illegal sales from local storefronts of prohibited items, like flavored tobacco, synthetic cannabis products and nitrous oxide used for recreational consumption.
San Jose has been tightening regulations on tobacco retailers for years. In 2022, the city banned the sale of flavored tobacco and e-cigarettes to discourage their use by young people. Last year officials introduced a permitting system intended to more closely monitor shops for the sale of illicit drugs.
Santa Clara County officials support San Jose’s latest effort to clamp down on tobacco products. In a letter sent to councilmembers, County Executive James Williams applauded the moratorium proposal and urged city officials to consider even stricter regulations.
“While the City’s current tobacco policies provide protections in certain settings, important gaps persist that put residents at risk,” Williams wrote.
In another bid to curtail illicit substances, the city council will also consider a separate proposal Tuesday to join other jurisdictions in banning the sale of nitrous oxide products marketed for recreational use.
Supporters of the policy point to the negative health risks of the inhalable narcotic and warn that the disposable canisters used to distribute nitrous oxide gas are often left on the ground, contributing to the city’s litter problem.
It’s illegal to sell nitrous oxide for recreational use in California. However, because the substance has legitimate uses as well, products that contain the gas exist in a legal gray area that critics say offers opportunities for widespread abuse.
The City Council meets Tuesday at 1:30 p.m.
This story will be updated.
Contact Keith Menconi at [email protected] or @KeithMenconi on X.
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