DATE: June 25, 2026
TO: Planning Commission
FROM: Planning Manager
SUBJECT
Title
City Initiated Revocation Proceedings of Tobacco Retailer Licenses for 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.
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RECOMMENDATION
Recommendation
Staff recommends that the Planning Commission revoke the Tobacco Retailer Licenses for four commercial establishments that have committed violations of the Hayward Municipal Code as detailed in this staff report and related Attachments. As detailed in Attachments III-VI, each establishment has committed three (3) or more violations within a five (5) year period, satisfying the criteria requiring revocation under Hayward Municipal Code Section 10-1.2794.
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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 adopted by the City of Hayward as part of the City’s effort to regulate the sale of tobacco products, reduce youth access, and establish a comprehensive licensing and enforcement framework for tobacco retailers. The Ordinance requires all tobacco retail establishments obtain a valid Tobacco Retailer License and comply with applicable federal, state, and local laws governing the sale and distribution of tobacco products. Additionally, the Ordinance expanded prohibited product categories, including flavored tobacco products and vaping-related items, and reinforced enforcement tools, compliance timelines, and inspection authority.
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. Despite these ongoing outreach efforts, regular inspections, and provision of written notices of violations, multiple establishments have continued to demonstrate non-compliance with local and state tobacco regulations, as documented in Attachments III-VI.
Pursuant to HMC Section 10-1.2794, the Planning Commission 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 (HMC Section 10-1.2780) within a five (5) year period, unless the retailer demonstrates by clear and convincing evidence that a lesser penalty is warranted.
The tobacco retail establishments listed in Table 1 have committed three (3) or more violations in a five (5) year period. Attachment II to this report contains a summary table listing the violations for each establishment. Attachments III-VI contain evidence for each violation for each business.
Table 1. Business with 3 or more Violations (Failed Inspections)
ATTACHMENTS
Attachment I: Staff Report
Attachment II: TRL Violation Summary
Attachment III: 391 W A St Evidence
Attachment IV: 25088 Hesperian Blvd Evidence
Attachment V: 22810 Foothill Blvd Evidence
Attachment VI: 1090 La Playa Rd Evidence
Attachment VII: Order of Proceedings