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.<\/p>\n
\u201c(The city) currently does yearly inspections for flavored tobacco and would look for nitrous oxide violations as part of those inspections,\u201d Moon told San Jos\u00e9 Spotlight. \u201cWith 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.\u201d<\/p>\n
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<\/a>, which is banned statewide, but stores have received warning notices.<\/p>\n Vice Mayor Richard Mehlinger said he became concerned after seeing smoke shops near residential neighborhoods and schools in his district.<\/p>\n \u201cI first noticed the growth in smoke shops biking home from the 2024 Fourth of July drone show<\/a>,\u201d Mehlinger said. \u201cSeeing 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.\u201d<\/p>\n 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 Jos\u00e9 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.<\/p>\n 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.<\/p>\n \u201cWe have a duty in this city to protect the public health and well-being of our residents,\u201d Councilmember Linda Sells said at meeting. \u201cEven if you are able to get these things on the internet or elsewhere, this is what we can control.\u201d<\/p>\n
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