Sunnyvale hits pause on new smoke shops

Sunnyvale leaders want to stop new smoke shops from popping up in town, especially near schools and other youth-oriented areas.

The Sunnyvale City Council on Tuesday unanimously approved a 45-day emergency moratorium to temporarily halt new smoke shop permits and introduced a separate policy banning nitrous oxide sales citywide. The proposed regulations come as city officials and residents have raised concerns about smoke shops opening near schools, selling flavored tobacco products and marketing items they said could appeal to younger customers. City staff plans to ask for an extension on June 16 while studying possible zoning restrictions, tobacco retail permits and buffer requirements near schools and daycare centers.

“One of the new smoke shops that opened is right across from Ellis Elementary School,” Councilmember Alysa Cisneros said at the meeting. “I’m not saying anything about them specifically, but any smoke shop that would be next to a school is definitely something we should be considering.”

San Jose and Campbell have adopted or considered similar smoke shop restrictions and nitrous oxide bans as local governments across the region respond to growing concerns over youth having access to tobacco and substance misuse.

City Attorney Rebecca Moon said Sunnyvale has no smoke shop-specific zoning or permitting requirements, allowing the businesses to open anywhere retail shops are permitted. The city has eight smoke shops, with four opening in the past two years.

“(The city) currently does yearly inspections for flavored tobacco and would look for nitrous oxide violations as part of those inspections,” Moon told San José Spotlight. “With regard to the smoke shop regulation, we will determine the responsible department during the moratorium period when we study the best way to regulate these businesses.”

Moon said the city moved forward with the moratorium following concerns from Matt Savage, a substance use prevention manager with the Santa Clara County Public Health Department, and after the recent increase in smoke shops opening in Sunnyvale. The city has not issued citations for flavored tobacco, which is banned statewide, but stores have received warning notices.

Vice Mayor Richard Mehlinger said he became concerned after seeing smoke shops near residential neighborhoods and schools in his district.

“I first noticed the growth in smoke shops biking home from the 2024 Fourth of July drone show,” Mehlinger said. “Seeing a place that had previously been an insurance office lit up like the proverbial Fourth of July and realizing someone had put a smoke shop smack dab in the middle of a residential neighborhood.”

Mehlinger credits community advocates for pushing the issue forward, including Savage and concerned residents. One resident, who asked not to be identified for privacy reasons, told San José Spotlight he started speaking out after seeing the effects of nitrous oxide misuse on a family friend, who he said continues to suffer mobility problems.

The resident said the products are too easily accessible in local smoke shops and that customers are not adequately warned about potential risks. He described seeing nitrous oxide canisters and mushroom-themed products being sold at smoke shops near downtown Sunnyvale and schools.

“We have a duty in this city to protect the public health and well-being of our residents,” Councilmember Linda Sells said at meeting. “Even if you are able to get these things on the internet or elsewhere, this is what we can control.”

Ahm Areeh, an employee at Smoke and Gift in downtown Sunnyvale, said he supports restricting nitrous oxide sales because of concerns about misuse.

“You know, this material, I think it’s bad,” Areeh told San José Spotlight. “Not good for people and I think we need to stop selling this in smoke shops, because some people (are) using in the wrong way.”

Nitrous oxide canisters, which are commonly sold in smoke shops and some retail stores, are often marketed for culinary uses such as whipped cream dispensers. The policy includes exemptions for pharmacies, medical and dental providers, wholesalers licensed by the state Board of Pharmacy and food-related products containing nitrous oxide propellants. The policy is expected to take effect 30 days after June 2.

“Sunnyvale is sending a clear regional message that if your business model ultimately relies on exploiting gray areas in the law right now, and that harms our community, you’re not welcome in Sunnyvale,” Mayor Larry Klein told San José Spotlight.

Contact Maryanne Casas-Perez at [email protected] or @CasasPerezRed on X.