SAN JOSE — In an effort to curb the growing number of smoke shops that have populated throughout the city — especially on the East Side — the San Jose City Council is extending its moratorium on new tobacco retailers through November 2027.
The temporary ban won’t impact existing shops, which will be able to seek permit renewals during the moratorium. Instead, the city will be deferring any new applications as it reexamines its current tobacco retail regulations.
The council first enacted a 45-day moratorium on Nov. 4, but with the clock running out, the council on Tuesday unanimously approved the extension, which will run from Dec. 19, 2025 to Nov. 3, 2027.
Chris Burton, the city’s director of planning, building, and code enforcement, wrote in a memo that the extra time will allow the city to “strengthen” current laws, crackdown on illegal business operations and “close legal loopholes.”
“The outcome for San Jose would be a more comprehensive and effective regulatory framework for tobacco and vape retailers that better protects public health, prevents youth exposure and ensures consistent enforcement across all retail establishments,” Burton wrote.
The city previously banned the sale of flavored tobacco and e-cigarettes in 2021.
The temporary ban on new smoke shops stems from a Latino Health Assessment released by Santa Clara County earlier this year. The report found that in East San Jose, the density of tobacco retailers was more than double that of the rest of the county. Latinos make up nearly half of all residents on the East Side, and countywide, the leading cause of death for Latino residents between 2019 and 2023 was cancer.
Councilmember Peter Ortiz, who represents East San Jose and helped author the moratorium, said earlier this year that it would allow the city to close “a dangerous gap in our laws.”
“Over the past several years, East San Jose and other working-class neighborhoods have seen a dramatic rise in smoke shops, often located just blocks away from schools, youth centers and family homes,” he said. “In fact, I first thought of this policy when a smoke shop under the guise of a gift shop opened directly across the street from the James Lick (High School) and the Alum Rock village business district.”
Reporter Devan Patel contributed to this report.