Part 3 — PROHIBITION ON SALE OR DISTRIBUTION — San Jose Zoning Code

6.89.301 Prohibition on sale or distribution of nitrous oxide. ¶

A. Except as otherwise explicitly authorized by law or allowed under this Chapter, it shall be unlawful for any person to attempt to sell, offer, distribute, or otherwise provide to any person nitrous oxide, a device to dispense or administer nitrous oxide, or any device that contains any quantity of nitrous oxide.
B. It shall be unlawful for any property owner, landlord, lessor, or person in control of real property to knowingly permit the sale, offer for sale, or distribution of nitrous oxide in violation of this Chapter on any premises owned, leased, or controlled by that person. Any such property owner, landlord, lessor, or person in control of real property shall be jointly and severally liable with the business operator for violations of this Chapter occurring on the premises.
(Ord. 31269.)

"Wholesale capacity" means the sale of or distribution of nitrous oxide or a device to dispense

T6:216.1

2026-Supplement 4

SAN JOSÉ CODE

§ 6.89.401

Part 4 EXCEPTIONS

Sections:

6.89.401 Exceptions to prohibition. ¶

6.89.402 Documentation requirements. ¶

6.89.401 Exceptions to prohibition. ¶

The prohibitions in this chapter shall not apply to the following:

A. A pharmacist, pharmacist intern, or pharmacy as defined by California Business and Professions Code Sections 4030, 4036, and 4037, as may be amended, who dispenses the device in the course of their duties as a pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy or manufacturers classified under the North American Industry Classification System pursuant to California Penal Code Section 381e, as may be amended, who dispense the device in the course of their duties.

6.89.402 Documentation requirements. ¶

Any sales or distribution of nitrous oxide contemplated under this Chapter shall comply with all documentation requirements set forth in California Penal Code Section 381e.

(Ord. 31269.)

Part 5 PUBLIC NUISANCE

Sections:

6.89.501 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 the provisions and procedures contained in this Code and state law, including, but not limited to, an action for abatement or injunctive relief. All remedies provided herein shall be cumulative and not exclusive.

(Ord. 31269.)

Part 6

B. A health care professional licensed in California who possesses and dispenses nitrous oxide in the course of medical or dental treatment.
C. Any person who is under the influence of nitrous oxide or any material containing nitrous oxide duly received pursuant to exception A or B above.
D. Any person who sells, attempts to sell, offers, or distributes nitrous oxide 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 6.89.301.
E. Any person who possesses or distributes nitrous oxide under an express exemption pursuant to California Penal Code Sections 381b-e.
(Ord. 31269.)

VIOLATIONS AND PENALTIES

Sections:

6.89.601 Violations and penalties. ¶

A. Any violation of this Chapter shall be a misdemeanor and, upon conviction thereof, punishable by county jail or by a fine of $1,000, or both. Every day such violation continues shall constitute a separate offense.
B. A violation of this Chapter is grounds for revocation of a Tobacco Retailer License in accordance with Section 6.87.455 of Chapter 6.87 of this Code.
C. A violation of this Chapter is grounds for revocation of a Notice of Completed Registration under Section 6.88.350 of Chapter 6.88 of this Code, if applicable.

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2026-Supplement 4

BUSINESS LICENSES AND REGULATIONS

§ 6.90.010

D. 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 Chapter 1.15 of this Code or other applicable law.
(Ord. 31269.)