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San Jose Civic Gallery City Hall agenda intelligence

Matter 25-1166

Temporary Moratorium on the Issuance of Tobacco Retail Licenses.

Public Safety City Council Agenda Ready Introduced 21 Oct 2025
7 Documents on file 7.02 MB · 7 extracted · 7 AI summaries
File
25-1166
Type
Neighborhood Services
Status
Agenda Ready
Requester
Unknown
Introduced
21 Oct 2025
Last synced
19 May 2026 · 04:01

The papers

01 252 KB

Memorandum

252 KB Extracted AI Summary
file c2c1b93f-9de5-4abd-8294-0fda48baf9ce.pdf sha 6bcfe426528d source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The memorandum recommends adopting an urgency interim ordinance to establish a temporary moratorium on the issuance of Tobacco Retail Licenses for new locations in San José. This measure aims to address concerns over unpermitted vape and smoke shop activities and youth access to nicotine products. The moratorium would last for 45 days with the possibility of extending up to two years. Existing licensed retailers can continue operations, while new applications would be suspended. The ordinance is intended to allow for a review and strengthening of tobacco retail regulations.

Key points
  • The moratorium targets new tobacco retailer, smoke shop, and smoking lounge permits.
  • It is a response to increased complaints about unpermitted activities and youth access to tobacco products.
  • The moratorium will take effect immediately for 45 days, with potential extensions up to two years.
  • Existing licensed retailers can continue to operate and renew permits during the moratorium.
  • The ordinance aims to create a more comprehensive regulatory framework for tobacco and vape retailers.
Limitations
  • The document includes unresolved placeholders such as specific dates and details about the ordinance's approval process.
  • No specific dollar amounts or votes are mentioned in the text.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 16,801 chars
COUNCIL AGENDA: FILE: ITEM: TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: Temporary Moratorium on the Issuance of Tobacco Retail Licenses Approved 11/4/25 25-1166 7.2 FROM: Chris Burton DATE: October 14, 2025 Date: 10/22/2025 COUNCIL DISTRICT: Citywide RECOMMENDATION Adopt an urgency interim ordinance establishing urgency measures to implement a temporary moratorium on the issuance of Tobacco Retail Licenses to businesses at new locations within San José. SUMMARY AND OUTCOME Staff is recommending that the City Council adopts an urgency interim ordinance establishing a temporary moratorium on new tobacco retailer, smoke shop, and smoking lounge permits issued under the San José Municipal Code Chapter 6.87, Tobacco Retail License (TRL). This short-term pause would allow the City of San José (City) to review and strengthen its tobacco retail regulations in response to increased complaints about unpermitted vape and smoke shop activity and growing concerns over youth access to nicotine and vaping products. During the moratorium, staff will evaluate updates to the City’s licensing program, including, if necessary, expanding definitions to cover vape products, revising fees and...
02 196 KB

Memorandum from Campos, Ortiz, Cohen, Candelas & Casey, 10/31/25

196 KB Extracted AI Summary
file e039226c-7e34-4a5e-ba6d-926b85cadb89.pdf sha 247efe1b256b source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

This memorandum discusses a recommendation for a temporary moratorium on the issuance of tobacco retail licenses in San José. It highlights concerns about the increase in tobacco retailers, particularly in East San José, and the associated health risks for youth. The memorandum suggests accepting staff recommendations and approving a workplan to amend fines for violations related to tobacco retail licensing.

Key points
  • The memorandum is addressed to the Mayor and City Council regarding a temporary moratorium on tobacco retail licenses.
  • It is signed by multiple council members including Campos, Ortiz, Cohen, Candelas, and Casey.
  • The recommendation includes accepting staff recommendations and approving a workplan to increase fines for specific violations.
  • There is a noted increase in tobacco retailers in East San José, raising concerns about youth exposure to tobacco products.
  • The memorandum references data from the Santa Clara County Public Health Department indicating a high density of tobacco retailers in East San José compared to the county average.
  • The signers confirm no private conversations have occurred regarding the memorandum with other council members.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 2,731 chars
COUNCIL AGENDA: 11/04/2025 FILE: 25-1166 ITEM: 7.2 TO: HONORABLE MAYOR AND CITY COUNCIL SUBJECT: SEE BELOW Approved: FROM: Councilmember Campos Councilmember Ortiz Councilmember Cohen Councilmember Candelas Councilmember Casey DATE: October 31, 2025 Date: 10/31/2025 SUBJECT: Temporary Moratorium on the Issuance of Tobacco Retail Licenses RECOMMENDATION 1. Accept Staff Recommendations; and 2. Approve the staff-recommended workplan described on page 7 of the staff memorandum, including direction to amend the fine schedule to increase TRL fines. These should include, but not be limited to, penalties for the following violations: a. Tobacco Retail License Required (6.87.200) b. Operating Regulations and Conditions (6.87.300) c. Limits on Location of Tobacco Retailing (6.87.370) BACKGROUND Over the past several years, the number of smoke shops and tobacco retailers operating within the City of San José has increased substantially, with the most pronounced concentration occurring in East San José and portions of South County. Residents and community organizations have repeatedly expressed concerns that this proliferation has heightened youth exposure to tobacco and vaping products,...
03 78.4 KB

Ordinance

78.4 KB Extracted AI Summary
file 11d23c98-2c8a-476f-a85e-161992643da3.pdf sha f074623f7efd source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The source text indicates this attachment appears to be a draft document.

This draft ordinance establishes a temporary moratorium on the issuance of Tobacco Retail Licenses for new locations within the City of San José. It aims to address health concerns related to the concentration of Tobacco Retailers, particularly in underserved communities, and to allow for a review of zoning ordinances and regulations regarding Tobacco Retailers.

Key points
  • The ordinance is a temporary moratorium on new Tobacco Retailer Licenses.
  • It addresses health concerns due to the concentration of Tobacco Retailers near schools and communities.
  • The ordinance is based on findings from the 2025 Santa Clara County Latino Health Assessment.
  • It allows existing Tobacco Retailers to continue operating without disruption.
  • The ordinance is declared an urgency measure for public health and safety.
Limitations
  • The document contains unresolved placeholders for the adoption date and voting results.
  • The document is labeled as a draft.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 6,620 chars
NVF:VXC:CAG 10/22/2025 DRAFT ORDINANCE NO. AN URGENCY INTERIM ORDINANCE OF THE CITY OF SAN JOSE ESTABLISHING URGENCY MEASURES TO IMPLEMENT A TEMPORARY MORATORIUM ON THE ISSUANCE OF TOBACCO RETAIL LICENSES TO BUSINESSES AT NEW LOCATIONS WITHIN THE CITY WHEREAS, pursuant to the provisions and requirements of the California Environmental Quality Act of 1970, together with related State CEQA Guidelines and Title 21 of the San José Municipal Code (collectively, "CEQA"), the Director of Planning, Building and Code Enforcement has determined that the provisions of this Ordinance do not constitute a project, under File No. PP17-008 (General Procedure and Policy Making resulting in no changes to the physical environment); and WHEREAS, the City Council of the City of San José is the decision-making body for this Ordinance; and WHEREAS, this Council has reviewed and considered the "not a project" determination under CEQA prior to taking any approval actions on this Ordinance; WHEREAS, California Government Code Section 65858 provides that City may take appropriate action to adopt urgency measures as an interim ordinance, subject to certain conditions; and WHEREAS, the City’s City Charter...
04 595 KB

Presentation - est. 10 minutes

595 KB Extracted AI Summary
file 338bab00-9eb6-48e2-95ee-4ea7349de59d.pdf sha a3679e6c3310 source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The source text indicates this attachment appears to be a draft document.

The document discusses two main proposals: a prohibition on the sale and distribution of nitrous oxide and a temporary moratorium on tobacco retail licenses. The nitrous oxide proposal aims to address public health concerns related to its misuse, particularly among youth, by banning sales in smoke shops and holding property owners liable. The tobacco retail license moratorium seeks to tackle issues of illegal sales and overconcentration of tobacco retailers near schools and youth centers, allowing time for regulatory review and enforcement improvements.

Key points
  • Prohibition of nitrous oxide sales in smoke shops and similar establishments.
  • Joint liability for property owners selling nitrous oxide.
  • Limited exceptions for medical and industrial use of nitrous oxide.
  • Tobacco retail license moratorium to address illegal sales and youth access.
  • Urgency ordinance for immediate effect, extendable up to 2 years.
  • Focus on improving enforcement and compliance among tobacco retailers.
Limitations
  • The document appears to be a draft, as indicated by the structure and language used.
  • Specific dates and votes required for the urgency ordinance are not provided.
  • Details on citations and administrative remedies are not fully specified.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 4,617 chars
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 Community Impact Regulatory Gaps Rising misuse among teens, young adults Increased access State safeguards have proven largely ineffective Serious health risks, including death Prohibited retail sales normalize recreational use Litter and environmental blight Widely sold in smoke shops or similar retail establishments 3 New SJMC Chapter 6.89 “Nitrous Oxide” The Proposed Chapter Would: • 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 Anticipated Outcomes : • Reinforce state law restrictions • Eliminate major retail sources • Reduce recreational...
05 871 KB

Letter from County of Santa Clara

871 KB Extracted AI Summary
file 7541ba7f-de00-418e-886c-ce8dda00c37b.pdf sha cd8884d812d5 source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

This document includes a letter from Santa Clara County Executive James R. Williams to the City of San José's Community & Economic Development Committee, expressing support for tobacco prevention policies, including a proposed temporary moratorium on new smoke and vape shops. The letter emphasizes the need for collaborative action to protect public health, particularly in Latino communities disproportionately affected by tobacco use. It also mentions the County's model tobacco ordinance aimed at reducing access to tobacco products.

Key points
  • Letter from County Executive James R. Williams to the City of San José.
  • Supports tobacco prevention policies and a temporary moratorium on new smoke and vape shops.
  • Highlights health disparities in Latino communities in East San José due to tobacco use.
  • Mentions the County's model tobacco ordinance aimed at closing gaps in current city policies.
  • Encourages the City to enact comprehensive tobacco-prevention policies.
Limitations
  • The text indicates a future date for the council meeting (November 4, 2025) and may not reflect current information.
  • There are unresolved placeholders in the email addresses and some formatting issues.
  • The document includes multiple email threads which may affect clarity.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 6,956 chars
8% Outlook Letter from the Public for Council Meeting on November 4, 2025 - Item 7.2 From Jones, Michael (CMO) <michael.jones@sanjoseca.gov> Date Thu 10/23/2025 1:12 PM To Agendadesk <Agendadesk@sanjoseca.gov> Cc Hughey, Rosalynn <Rosalynn.Hughey@sanjoseca.gov>; Kenney, Kailyn <Kailyn.Kenney@sanjoseca.gov>; Lam, Emily <Emily.Lam@sanjoseca.gov>; Burton, Chris <Christopher.Burton@sanjoseca.gov>; Roberts, Rachel <Rachel.Roberts@sanjoseca.gov>; Kumar, Shradha <Shradha.Kumar@sanjoseca.gov>; CMOAgendaServices <cmoagendaservices@sanjoseca.gov>; Rios, Angel <Angel.Rios@sanjoseca.gov>; Reid, Tara <Tara.Reid@sanjoseca.gov>; Jones, Michael (CMO) <michael.jonesOsanjoseca.gov> ) 2 attachments (4 MB) County Letter to City of San Jose Community and Econ Dev Comm re Tobacco -Prevention Policies (102025).pdf; Public Letter.pdf; Hi Agenda Desk, Please add the attached Letter from the County to “Letters from the Public’. The email that was sent is also attached. This is for the November 4, 2025 Council Meeting for Item: 7.2 25-1166 Temporary Moratorium on the Issuance of Tobacco Retail Licenses Thank you, Mike Jones Executive Assistant | Office of the City Manager City of San José 200 East Santa...
06 1.86 MB

Letters from the Public

1.86 MB Extracted AI Summary
file f9fbd08c-74ea-4177-b5a1-993c802c9774.pdf sha f53f273f8839 source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The Prevention Policy Group expresses strong support for a proposed temporary moratorium on tobacco retailer licenses in San Jose. They emphasize the need for this pause to evaluate the impacts of tobacco retail proliferation and compliance issues among existing retailers. The group advocates for reducing the number of licensed tobacco retailers and ensuring that licensing fees cover enforcement costs. They also call for stronger enforcement against unlicensed operators and illegal products sold by retailers.

Key points
  • Support for a temporary moratorium on tobacco retailer licenses.
  • The Prevention Policy Group is part of the Public Health Institute, focusing on tobacco and cannabis policy.
  • The moratorium aims to evaluate the long-term impacts of tobacco retail proliferation.
  • Cities in California are exploring strategies to reduce tobacco retailers.
  • Concerns about compliance issues with existing tobacco retailers.
  • Recommendations include reducing licensed retailers, ensuring licensing fees cover enforcement, closing unlicensed operators, and strengthening the tobacco retail licensing ordinance.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 2,801 chars
November 2, 2025 San Jose City Council city.clerk@sanjoseca.gov Item 7.2 25-1166 Temporary Moratorium on the Issuance of Tobacco Retail Licenses. To the Honorable Matt Mahan, Mayor, and Councilmembers Kamei, Campos, Tordillos, Cohen, Ortiz, Mulcahy, Doan, Candelas, Foley, and Casey, We write to express our strong support for Agenda Item 7.2: the proposed temporary moratorium on tobacco retailer licenses. The Prevention Policy Group is a program of the Public Health Institute, a nonprofit 501c3 which has served California for 61 years. Two of our key areas of work are tobacco and cannabis/hemp policy. We currently manage the tracking of local tobacco policy for the state of California and also provide technical assistance to Santa Clara County on cannabis and hemp policy. This temporary pause is a prudent and necessary step to allow the City to evaluate the longterm impacts of tobacco retail proliferation, both licensed and unlicensed and compliance of existing retailers. This proposed moratorium reflects a thoughtful approach to protecting public health and health equity, preserving the safety of the community, and ensuring that future decisions regarding tobacco retail are made...
07 3.21 MB

Letter Received Post Meeting

3.21 MB Extracted AI Summary
file acd45847-6fdc-4f60-8330-f6391bb6cc31.pdf sha b61e7084e5ed source unavailable

Official source link unavailable. The file was imported, but the current source metadata does not include a public document URL.

Generated summary AI-assisted

The document is an email correspondence regarding concerns about illegal cannabis and flavored tobacco sales that endanger youth. It includes a forwarded message from Isabella Vargas to various city officials, urging immediate action against these illegal sales and promotions. Vargas highlights specific retailers engaging in these activities and requests increased inspections and enforcement of existing laws. The email indicates that photos documenting these violations are attached.

Key points
  • Concerns raised about illegal cannabis and flavored tobacco sales targeting youth.
  • Isabella Vargas sent an email to city officials expressing her concerns.
  • Requests made for increased inspections and enforcement against violators.
  • Specific retailers identified as engaging in illegal sales.
  • Photos documenting violations are mentioned as attached.
Limitations
  • The document contains unresolved placeholders such as '[Mayor/City Council Member/sHealth Department Officials]' and '[Cali Smoke Shop] — [1056 Kiely Blvd, Santa Clara, CA 95051]'.
  • The email includes a reference to an attachment (photos) but does not provide the actual content of the attachment.

Generated for convenience from extracted text using AI. Review the official source document before relying on this summary.

Extracted text preview · 5,696 chars
@ Outlook FW: Illegal Cannabis and Flavored Tobacco Sales Endangering Our Youth — Immediate Action Needed From City Clerk <city.clerk@sanjoseca.gov> Date Wed 11/5/2025 10:35 AM To Agendadesk <Agendadesk@sanjoseca.gov> Í 1 attachment (3 MB) IMG_0313.pdf; From: Opsal, Matthew <Matthew.Opsal@sanjoseca.gov> Sent: Wednesday, November 5, 2025 10:34 AM To: Sollazzi, Wendy <Wendy.Sollazzi@sanjoseca.gov>; Roberts, Rachel <Rachel.Roberts@sanjoseca.gov>; City Clerk <city.clerk@sanjoseca.gov> Cc: Lam, Emily <Emily.Lam@sanjoseca.gov>; Zarate, Sarah <Sarah.Zarate@sanjoseca.gov>; Kang, Han <Han.Kang@sanjoseca.gov> Subject: FW: Illegal Cannabis and Flavored Tobacco Sales Endangering Our Youth — Immediate Action Needed Good morning Wendy, Rachel, City Clerk’s Office, The City Manager’s Office received the email below from Isabella Vargas regarding illegal cannabis and flavored tobacco sales. Forwarding this information for your awareness and likely as public comment to yesterday’s City Council item 7.2. Please let me know if you’d like me to forward this information to any additional teams or specific team members. Thank you, -matt Matt Opsal Senior Executive Analyst | City Manager’s Office City...