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San Jose Rules Committee to revisit six-month moratorium on new smoke shops

City staff analysis will guide the committee’s June 11 debate on pausing new smoke shop licenses as a measure to address high tobacco retailer density in Latino neighborhoods.

SAN JOSE, CA – JULY 23: Flavored vape cartridges sold at the Berryessa Smoke Shop are photographed in San Jose, Calif., on Friday July 23, 2021. San Jose is considering a ban on the sale of flavored tobacco. (Anda Chu/Bay Area News Group)
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Overview

  • The measure, backed by Councilmember Peter Ortiz and four colleagues, would pause approvals for new smoke shops for six months to a year to pave the way for stronger tobacco retail licensing rules.
  • Santa Clara County’s Latino Health Assessment found East San Jose hosts more than twice the density of tobacco retailers compared with the county average and links this clustering to elevated cancer rates among Latinos.
  • San Jose’s 2021 ban on menthol and flavored e-cigarettes helped reduce smoke shops from over 600 to 575, though some outlets exploit loopholes by selling paraphernalia without a tobacco license.
  • Community leaders warn that imagery and marketing used by smoke shops draw in youth and facilitate sales of underregulated products such as synthetic marijuana and nitrous oxide.
  • City staff will submit a workload estimate to the Rules Committee, which will weigh detailed policy recommendations on June 11 before advancing the proposal to the full council.