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
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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.
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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 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 Pla...
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