DATE: October 13, 2026
TO: Mayor and City Council
FROM: Director of Development Services
SUBJECT
Title
Appeals of the Planning Commission’s Revocation of Tobacco Retailer Licenses for Six Commercial Properties Within the City of Hayward Where License Holders Committed Three or More Violations Within a Five-Year Period, Pursuant to Hayward Municipal Code Section 10-1.2794
End
RECOMMENDATION
Recommendation
Staff recommends that the City Council denies the appeals and adopts resolutions (Attachments II-a, III-a, IV-a, V-a, VI-a, and VII-a) upholding the Planning Commission’s revocations of the Tobacco Retailer Licenses for the six appellant commercial establishments based on the analysis set forth in this report and the related attachments.
End
SUMMARY
On July 1, 2014, the City Council adopted Ordinance 14-16 establishing the Tobacco Retail Sales Establishment provisions of the Hayward Municipal Code (HMC). The Ordinance was amended in 2020 to include a strengthened enforcement framework. Following those amendments, retailers have received numerous educational and compliance-focused inspections intended to support understanding of applicable requirements and promote voluntary compliance.
Pursuant to HMC Section 10-1.2794, the City is required to revoke Tobacco Retailer Licenses where, it is established by a preponderance of the evidence, that a retailer has committed three (3) or more violations of the Tobacco Retail Sales Ordinance within a five (5) year period, unless the retailer demonstrates by clear and convincing evidence that a lesser penalty is warranted. On June 11 and June 25, 2026, the Planning Commission found that a total of 10 tobacco retail establishments committed three (3) or more violations in a five (5) year period and revoked their Tobacco Retailer Licenses. Staff recommends the Council review the videos of these hearings.
Six of these businesses, listed in Table 1, have appealed the Planning Commission’s decision to revoke their Tobacco Retailer Licenses. Each appellant specified grounds for appeal, which are provided in their entirety as Attachments II-c, III-c, IV-c, V-c, VI-c, and VII-c. Staff does not believe the provided grounds for appeal contradict the evidence that each retailer has committed three or more violations of the Tobacco Retail Sales Ordinance within a five year period, nor do they provide clear and convincing evidence that a penalty less than license revocation is warranted.
Table 1. Business that are Appealing Revocation of their Tobacco Retail Licenses
|
Business Name |
Address |
# of Violations (Failed Inspections) |
# of Violations that were Appealed |
Revocation of License by Planning Commission |
Related Attachments |
|
Mt Everest Smoke Shop |
24703 Amador St |
4 |
None |
June 11, 2026 |
II-a, II-b, II-c, II-d |
|
Heart of the Bay Smoke Shop |
22515 Alice St |
4 |
None |
June 11, 2026 |
III-a, III-b, III-c, III-d |
|
Hiphop Smoke Shop |
24289 Mission Blvd |
5 |
None |
June 11, 2026 |
IV-a, IV-b, IV-c, IV-d |
|
Stop N’ Save #106 |
338 W Tennyson Rd |
8 |
None |
June 11, 2026 |
V-a, V-b, V-c, V-d |
|
Smokey’s Smoke Shop & Gifts |
25088 Hesperian Blvd |
6 |
1 Denied |
June 25, 2026 |
VI-a, VI-b, VI-c, VI-d |
|
The Gr8 Smoke Shop |
1090 La Playa Rd |
4 |
None |
June 25, 2026 |
VII-a, VII-b, VII-c, VII-d |
ATTACHMENTS
Attachment I Staff Report
Attachment II-a Resolution - 24703 Amador
Attachment II-b Evidence - 24703 Amador
Attachment II-c Grounds for Appeal - 24703 Amador
Attachment II-d Staff Response to Grounds for Appeal - 24703 Amador
Attachment III-a Resolution - 22515 Alice
Attachment III-b Evidence - 22515 Alice
Attachment III-c Grounds for Appeal - 22515 Alice
Attachment III-d Staff Response to Grounds for Appeal - 22515 Alice
Attachment IV-a Resolution - 24289 Mission
Attachment IV-b Evidence - 24289 Mission
Attachment IV-c Grounds for Appeal - 24289 Mission
Attachment IV-d Staff Response to Grounds for Appeal - 24289 Mission
Attachment V-a Resolution - 338 W Tennyson
Attachment V-b Evidence - 338 W Tennyson
Attachment V-c Grounds for Appeal - 338 W Tennyson
Attachment V-d Staff Response to Grounds for Appeal - 338 W Tennyson
Attachment VI-a Resolution - 25088 Hesperian
Attachment VI-b Evidence - 25088 Hesperian
Attachment VI-c Grounds for Appeal - 25088 Hesperian
Attachment VI-d Staff Response to Grounds for Appeal - 25088 Hesperian
Attachment VII-a Resolution - 1090 La Playa
Attachment VII-b Evidence - 1090 La Playa
Attachment VII-c Grounds for Appeal - 1090 La Playa
Attachment VII-d Staff Response to Grounds for Appeal - 1090 La Playa
Attachment VIII TRL Violation Summary
Attachment IX Planning Commission Meeting Minutes - June 11, 2026
Attachment X Draft Planning Commission Meeting Minutes - June 25, 2026