Legislation Details

File #: PH 26-041   
Section: Public Hearing Status: Agenda Ready
Meeting Body: City Council
Agenda Date: 10/13/2026 Final action:
Subject: 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
Attachments: 1. Attachment I Staff Report, 2. Attachment II-a Resolution - 24703 Amador, 3. Attachment II-b Evidence - 24703 Amador, 4. Attachment II-c Grounds for Appeal - 24703 Amador, 5. Attachment II-d Staff Response to Appeal - 24703 Amador, 6. Attachment III-a Resolution - 22515 Alice, 7. Attachment III-b Evidence - 22515 Alice, 8. Attachment III-c Grounds for Appeal - 22515 Alice, 9. Attachment III-d Staff Response to Appeal - 22515 Alice, 10. Attachment IV-a Resolution - 24289 Mission, 11. Attachment IV-b Evidence - 24289 Mission, 12. Attachment IV-c Grounds for Appeal - 24289 Mission, 13. Attachment IV-d Staff Response to Appeal - 24289 Mission, 14. Attachment V-a Resolution - 338 W Tennyson, 15. Attachment V-b Evidence - 338 W Tennyson, 16. Attachment V-c Grounds for Appeal - 338 W Tennsyon, 17. Attachment V-d Staff Response to Appeal - 338 W Tennyson, 18. Attachment VI-a Resolution - 25088 Hesperian, 19. Attachment VI-b Evidence - 25088 Hesperian, 20. Attachment VI-c Grounds for Appeal - 25088 Hesperian, 21. Attachment VI-d Staff Response to Appeal - 25088 Hesperian, 22. Attachment VII-a Resolution - 1090 La Playa, 23. Attachment VII-b Evidence - 1090 La Playa, 24. Attachment VII-c Grounds for Appeal - 1090 La Playa, 25. Attachment VII-d Staff Response to Appeal - 1090 La Playa, 26. Attachment VIII TRL Violation Summary, 27. Attachment IX PC Meeting Minutes - June 11, 2026, 28. Attachment X Draft PC Meeting Minutes - June 25, 2026

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