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 Pla...

Click here for full text