Ordinance 3401 Docusign Envelope ID: 163D03E6-2CO3-8C32-8019-EAF3D1 F36F09
CITY OF ALAMEDA ORDINANCE NO. 3401
AMENDING THE ALAMEDA MUNICIPAL CODE AMENDING
ARTICLE XVIII (TOBACCO RETAILERS) OF CHAPTER VI
(BUSINESSES, OCCUPATIONS, AND INDUSTRIES) PROHIBITING
THE SALE AND DISTRIBUTION OF NITROUS OXIDE BY TOBACCO
RETAILERS, CONVENIENCE STORES, AND OTHER RETAIL
ESTABLISHMENTS
WHEREAS, the City of Alameda ("City") is authorized by the California
Constitution, Article XI, Section 7 to make and enforce within its limits all local,
police, sanitary, and other ordinances and regulations not in conflict with general
laws; and
WHEREAS, nitrous oxide is an odorless, colorless chemical that can be
inhaled for legitimate purposes associated with medical or dental procedures in a
clinical setting, and is legitimately used for industrial purposes and as a propellant
for food products; and
WHEREAS, nitrous oxide is also misused and abused, in part, because it is
easy to purchase from retail vendors and it is relatively inexpensive; and
WHEREAS, the City finds that recreational use of nitrous oxide has been
identified by medical authorities as a serious and growing public health threat,
particularly among youth, and that misuse of this substance can cause long-term
physical injuries including asphyxiation, paralysis, neurological damage, and even
death; and
WHEREAS, studies show that the abuse of nitrous oxide has increased
nationwide in recent years, a trend accelerated since the COVID-19 pandemic, and
that this increase has been especially pronounced among teenagers and young
adults; and
WHEREAS, while state law prohibits the sale of nitrous oxide for recreational
use, nitrous oxide remains readily available in tobacco retail stores, also known as
smoke shops, as well as convenience stores, which routinely and knowingly sell
the product without the safeguards required by law, thereby undermining the
effectiveness of state regulation and implicitly condoning recreational misuse; and
WHEREAS, the widespread commercial availability of nitrous oxide in
tobacco, convenience, and other retail stores within the City both enables abuse
and contributes to related harms, including dangerous driving, littering, and other
negative impacts on public health, safety, and the environment; and
WHEREAS, the City does not currently regulate the retail sale of nitrous
oxide, and finds that in the absence of such regulation, sales by vendors create a
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significant risk of misuse and abuse by individuals who purchase the product for
recreational purposes; and
WHEREAS, the City desires to regulate the sale of nitrous oxide to close this
loophole, reduce the availability of nitrous oxide for recreational use, and to
preserve and protect the health, safety, and welfare of the residents of the City.
NOW THEREFORE, the City Council of the City of Alameda does hereby
ordain as follows:
SECTION 1. The City Council of the City of Alameda finds that the foregoing
recitals, as well as the contents of the related staff report, are true and correct and
are hereby incorporated herein as findings and determinations of the City Council.
SECTION 2: The Alameda Municipal Code is hereby amended by adding to Article
XVII (Tobacco Retailers) as follows:
6-60.5 - Purpose.
This Chapter is enacted pursuant to the City's police powers to protect the public
health, safety, and welfare, consistent with state and federal law. The purpose of
this Chapter is to safeguard the community from the dangers associated with the
recreational misuse of nitrous oxide, a substance that poses serious health risks
when used as an intoxicant. By prohibiting the retail sale of nitrous oxide in smoke
shops and similar establishments, the City seeks to reduce opportunities for abuse,
reinforce state restrictions, and promote the overall well-being of the City's
residents.
6-60-10 - Definitions.
Nitrous oxide means the colorless, nonflammable gas sometimes identified
as N2O, which is sometimes used in aerosols or as an anesthetic, which, when
inhaled, produces loss of sensibility to pain, often preceded by exhilaration and
laughter. It is also used as an anesthetic in dentistry. Nitrous oxide is commonly or
referred to as "laughing gas," "NOX," "galaxy gas," or "whippits."
Nitrous oxide device means any cartridge, compressed gas cylinder,
apparatus, container, balloon, attachment, nozzle, or other object used to contain,
dispense, or administer nitrous oxide.
Wholesale capacity means the sale of or distribution of nitrous oxide or a
nitrous oxide device to a person that will use nitrous oxide or the device in service
or products for resale. Examples include, but are not limited to, commercial sale of
dentistry supplies to dentists or dentistry offices, commercial sale of nitrous oxide
devices for use in food production or in a commercial kitchen, and commercial sale
of nitrous oxide for the purpose of producing food products for commercial sale
(e.g., whipped cream canisters).
6-60.180 - Prohibition on Sale or Distribution of Nitrous Oxide.
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a. Except as otherwise authorized by law or allowed under this article, it
shall be unlawful for any person to sell, attempt to sell, offer, or distribute
nitrous oxide or any nitrous oxide device.
b. Except as otherwise authorized by law or allowed under Section 6-
60.210, it shall be unlawful for any property owner, landlord, lessor, or
person in control of real property within the City of Alameda to knowingly
allow the sale, offer of sale, distribution, or provision of nitrous oxide or any
nitrous oxide device on said real property. Any such property owner,
landlord, lessor, or person in control of real property shall be jointly and
severally liable with any seller or distributor of nitrous oxide or any nitrous
oxide device on said real property.
6-60.190 - Exceptions to Prohibition.
This article does not apply to the sale, attempt to sell, distribution, or other manner
of providing nitrous oxide or a nitrous oxide device in the following circumstances:
a. If the nitrous oxide is contained in a food product for use as a propellant.
b. If the nitrous oxide or a nitrous oxide device is provided in a wholesale
capacity. This exemption only applies if the wholesaler does not know or
have reason to know that the recipient intends to use the nitrous oxide or
device in violation of Section 6-60-210.
c. If the nitrous oxide or nitrous device is specifically designed, marketed,
and safety-labeled for industrial use exclusively for automotive purposes,
and used or provided at a licensed automotive facility that is approved by
the California Bureau of Automotive Repair and in compliance with all City
zoning laws.
d. If the nitrous oxide or nitrous oxide device is being provided specifically
for the purpose of providing medical or dental care, by or at the direction
and under the supervision of, a medical or dental practitioner licensed by
the State of California and in accordance with all applicable rules and
regulations governing the lawful prescription, order, or administration of
nitrous oxide.
e. If the nitrous oxide or a nitrous oxide device is being provided by a
pharmacist, pharmacist intern, or pharmacy as defined by California
Business & Professions Code §§ 4030, 4036, and 4037, as may be
amended, in the course of their duties.
f. Any other circumstances exempted under law.
6-60.200 - Documentation Requirements.
Any sale or distribution of nitrous oxide or any nitrous oxide device shall comply
with all documentation requirements set forth in California Penal Code Section
381e.
6-60.210 - Public Nuisance.
Any violation of this Chapter is hereby declared a public nuisance, subject to all
applicable civil, administrative, and criminal remedies and penalties according to
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the provisions and procedures contained in this Code and state law, including, but
not limited to, an action for abatement or injunctive relief.
6-60.-220 - Violations and Penalties.
a. Any violation of this section shall be a misdemeanor and, upon conviction
thereof, punishable by imprisonment in the County jail for a period not
exceeding six (6) months, or by a fine not exceeding one thousand dollars
($1,000), or both. Every day such violation continues shall constitute a
separate offense.
b. A violation of this section is grounds for suspension or revocation of a
City of Alameda Business License pursuant to Section 5-3.7, or a Tobacco
Retailer License pursuant to Section 6-60.130.
c. This Chapter shall not be interpreted to limit the applicable civil or
administrative remedies available under law. All available enforcement
procedures and remedies remain applicable including, but not limited to,
administrative fines set forth in Section 1-7.4 or other applicable law.
SECTION 2: Environmental Compliance. Pursuant to the provisions of the
California Environmental Quality Act ("CEQA") (California Public Resources Code
Section 21000 et seq.) and State CEQA guidelines (Sections 15000 et seq.), the
City Council's adoption of this Ordinance does not constitute a "project" therefore
no further environmental review under CEQA is required. On a separate and
independent basis, pursuant to CEQA Guidelines Section 15061(b)(3) it can be
seen with certainty that there is no possibility that the City Council's adoption of
this Ordinance may have a significant effect on the environment, either directly or
indirectly, and therefore no further environmental review under CEQA is required,
SECTION 3. Severability. If any provision of this Ordinance is held by a court of
competent jurisdiction to be invalid, this invalidity shall not affect other provisions
of this Ordinance that can be given effect without the invalid provision and therefore
the provisions of this Ordinance are severable. The City Council declares that it
would have enacted each section, subsection, paragraph, subparagraph and
sentence notwithstanding the invalidity of any other section, subsection,
paragraph, subparagraph or sentence.
SECTION 4. Implied Repeal. Any provision of the Alameda Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent
such inconsistencies and no further, is hereby repealed or modified to the extent
necessary to effect the provisions of this Ordinance.
SECTION 5. This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
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Signed by:
Presrang ficer of the City Council
Attest: DocuSigned by:
r713roAOL3CC74Dc.
Lara Weisiger, City Clerk
City of Alameda
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by Council of the City of Alameda in regular meeting
assembled on the 5th day of May 2026, by the following vote to wit:
AYES: Councilmembers Boller, Daysog, Jensen, Pryor and
Mayor Ezzy Ashcraft— 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 6th day of May 2026.
rDocuSigned by:
7GOECA000CC74DC .
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
Signed by:
Jv
11032DCCOC41204G13._
Yibin Shen, City Attorney
City of Alameda
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