TO: LINDA REICH, CITY MANAGER
FROM: KEVIN MENSEN, CHIEF OF POLICE
SUBJECT
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Introduction Ordinance 2026-010 adding Chapter 9.90 to the Chino Municipal Code.
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RECOMMENDATION
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Approve the introduction of Ordinance 2026-010, adding Chapter 9.90 to the CMC prohibiting the sale of flavored tobacco products, nitrous oxide products, and certain kratom products within the City of Chino, to be read by number and title only, and waiving future readings; and provide direction to staff regarding implementation, public education, and enforcement strategies associated with the ordinance.
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FISCAL IMPACT
There is no immediate fiscal impact associated with this report.
Future costs associated with education materials, compliance inspections, and enforcement activities would be evaluated during implementation and incorporated into future budget considerations if necessary.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Positive City Image
• Superior Customer Service
• Responsible Long-Range Planning
• Public Service Excellence through Internal and External Partnerships
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BACKGROUND
The use and availability of flavored tobacco products, nitrous oxide products, and kratom products have become increasing public health and safety concerns throughout California and across the nation. These products are frequently marketed in ways that appeal to youth and young adults and have been associated with nicotine addiction, substance abuse, and other harmful health consequences.
In response to growing public concern and statewide trends, many California cities have adopted local ordinances regulating or prohibiting the sale of flavored tobacco products and other substances associated with youth access and recreational misuse.
The proposed ordinance would establish a comprehensive regulatory framework within the City of Chino prohibiting the sale of flavored tobacco products, restricting the sale and distribution of nitrous oxide and nitrous oxide devices, and regulating kratom and 7-hydroxymitragynine (7-OH) products. The ordinance is intended to protect public health and safety, reduce youth access to addictive products, and provide local enforcement authority consistent with state law.
ISSUES/ANALYSIS
The proposed ordinance would establish local regulations governing flavored tobacco products, nitrous oxide products, and kratom products. The ordinance is intended to reduce youth access to addictive substances, address public health and safety concerns associated with recreational misuse, and provide the City with clear enforcement authority.
Key provisions include prohibiting the sale of flavored tobacco products and tobacco flavor enhancers; restricting the sale and distribution of nitrous oxide products except for legitimate medical, culinary, industrial, pharmaceutical, and automotive uses; and establishing age restrictions and product standards for kratom and 7-hydroxymitragynine (7-OH) products. The ordinance would also prohibit the sale of oil burners commonly associated with illicit drug use.
The ordinance authorizes administrative, civil, and criminal enforcement remedies, including administrative citations, business license actions, and nuisance abatement proceedings. Staff anticipates prioritizing education and voluntary compliance during the initial implementation phase while coordinating enforcement efforts among the Police Department, Code Enforcement, and the City Attorney’s Office.
Attachment: Draft Ordinance 2026-010