Chapter 6.89 — San Jose Zoning Code

NITROUS OXIDE

Parts:

1 Purpose
2 Definitions
3 Prohibition on Sale or Distribution 4 Exceptions 5 Public Nuisance
6 Violations and Penalties

Part 1 PURPOSE

Sections:

6.89.010 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. (Ord. 31269.)

T6:216

2026-Supplement 4

BUSINESS LICENSES AND REGULATIONS

§ 6.89.301

Part 2 DEFINITIONS

Sections:

6.89.201 Definitions and construction. ¶

6.89.202 Device.
6.89.203 Nitrous oxide.
6.89.204 Person.
6.89.205 Wholesale capacity.

6.89.201 Definitions and construction. ¶

The definitions set forth in this Part shall govern the application and interpretation of this Chapter. (Ord. 31269.)

6.89.202 Device. ¶

"Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon, attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide. (Ord. 31269.)

6.89.203 Nitrous oxide. ¶

"Nitrous oxide" means the colorless, nonflammable gas sometimes identified as N2O, which is sometimes used in aerosols and as an anesthetic, which, when inhaled, produces loss of sensibility to pain, oftentimes preceded by exhilaration and laughter. It is used often as an anesthetic in dentistry. Nitrous oxide is often commonly called or referred to as "laughing gas," "NOX," "galaxy gas," "whippits," among others. (Ord. 31269.)

6.89.204 Person. ¶

"Person" shall have the definition given in Section 1.04.020 of this Code. (Ord. 31269.)

6.89.205 Wholesale capacity. ¶

nitrous oxide 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 devices for the use in food production or in a commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food products for commercial sale (e.g., whipped cream canisters).

(Ord. 31269.)