Title
Introduction of Ordinance Amending the Alameda Municipal Code by 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. (City Manager)
Body
To: Honorable Mayor and Members of the City Council
From: Adam W. Politzer, Interim City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) is facing a growing public health and safety threat from the recreational use of nitrous oxide, particularly among youth. Recent incidents of driving under the influence (DUI) and the open sale of "Galaxy Gas" in local retail environments highlight the need for a more robust intervention strategy. By adopting the proposed ordinance (amending Article XVIII of Chapter VI), the City establishes a clear legal framework to prohibit sales by tobacco retailers and convenience stores.
BACKGROUND
The increasing exposure of nitrous oxide to our community members and especially to our youth is impacting the community’s health and safety.
On November 6, 2025, Alameda Police officers arrested a driver for DUI after observing the individual inhaling nitrous oxide while driving. Beyond addressing the need for immediate traffic safety, the Ordinance finds that nitrous oxide -- often referred to as “laughing gas,” “NOX,” “Whippits,” or “Galaxy Gas” -- is being marketed to the community’s youth and dangerously misused due to its low cost and ready availability at tobacco retailers and convenience stores.
Medical authorities have identified nitrous oxide, when misused, as a cause of asphyxiation, paralysis, and death. The City’s legislative response to this growing public health and safety threat mirrors its 2018 success banning the sale of flavored tobacco in Alameda (Ordinance 3230). The State of California followed cities like Alameda with a statewide ban on flavored tobacco effective January 1, 2023.
The City of Alameda’s adopted 2025-2026 Legislative Agenda includes support to:
• Protect the health, safety, and welfare of our residents, including helping prevent youth smoking and vaping, reducing the consumption of sugary beverages, supporting healthier food choices, and limiting the negative impacts of social media.
The City is currently supporting proposed State legislation (SB 758) that, if passed, would ban the sale of nitrous oxide statewide starting January 1, 2027.
DISCUSSION
The proposed ordinance establishes a framework for prohibiting the sale and distribution of nitrous oxide in tobacco and similar retail establishments. The ordinance establishes a broad prohibition on the sale or distribution of nitrous oxide and "nitrous oxide devices" (cartridges, balloons, and nozzles) by retailers. If the ordinance is adopted, the City’s ban will go into place May 21, 2026.
After adoption, the City will include nitrous oxide products in our existing flavored tobacco enforcement efforts and seek grant funding to support:
• Compliance Monitoring: Ensuring retail stores are not "implicitly condoning" misuse by selling to individuals for recreational purposes.
• Property Owner Accountability: Under Section 6-60.180(b), property owners and landlords would be jointly and severally liable for violations occurring on their premises. City staff will develop a proactive notification campaign to alert property owners and landlords of these new liabilities to ensure compliance.
• Nuisance Abatement: Under Section 6-60.210, violations are declared a public nuisance. Enhanced enforcement will allow for consistent product seizures and the pursuit of misdemeanor charges or tobacco retail license revocations (Section 6-60.220) for repeat offenders.
• Education and Outreach: The City will use existing grant funding and seek out new funding to educate businesses and community members about the nitrous oxide sales ban and the risk of neurological damage and death when the substance is misused. These efforts will include information about how to report retailers who continue to sell nitrous oxide devices in violation of the May 21, 2026, ordinance effective date.
Ordinance Exemptions
The ban on nitrous oxide does not apply to the sale, attempt to sell, distribution, or other manners of providing nitrous oxide or a nitrous oxide device in a variety of circumstances, including when:
• Contained in a food product
• Provided in a wholesale capacity
• Designed, marketed, and safety-labeled for industrial use exclusively for automotive purposes
• Used at a licensed automotive facility
• Used to provide medical or dental care
• Provided by a pharmacist
ALTERNATIVES
• Introduce the Ordinance.
• Do not introduce the Ordinance.
FINANCIAL IMPACT
There is no financial impact from adopting this ordinance. However, code enforcement may require additional resources and financial contributions that would be subject to future City Council approval.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This ordinance amends Alameda Municipal Code Article XVIII (Tobacco Retailers) of Chapter VI prohibiting the sale and distribution of nitrous oxide by tobacco retailers, convenience stores, and other retail establishments.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Introduce an Ordinance 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.
Respectfully submitted,
Sarah Henry, Communications and Legislative Affairs Director
Financial Impact section reviewed,
Ross McCarthy, Finance Director