Hayward Planning Commission revokes six tobacco retail licenses after multi‑year enforcement records

The Hayward Planning Commission voted June 11 to revoke the tobacco retail licenses of six city retailers after staff presented inspection records showing repeated violations of the city's tobacco retail ordinance.

Jesse Prince, a code enforcement inspector for the City of Hayward, told the commission staff had documented multiple inspections and photographic evidence that six retail locations had committed three or more violations of Hayward Municipal Code section 10-1.2794 within five years. "These proceedings are being conducted pursuant to Hayward Municipal Code section 10-1.2794," Prince said, and staff recommended revocation for Mount Everest Smoke Shop, Heart of the Bay Smoke Shop, All‑Star Service Incorporated, Hip Hop Smoke Shop, Stack City Smoke Shop and Stop and Save No. 106.

The cases spanned inspections between 2022 and 2026. Staff said the alleged violations included sales of prohibited flavored tobacco and vaping products, failures to maintain or display required licenses, excessive or out‑of‑compliance advertising, and concealed storage areas where prohibited products were kept out of sight. Prince said the program aims to reduce youth access to tobacco and described a mix of education and enforcement: "Our goal has consistently been to achieve compliance through education and outreach whenever possible," he said, but added that some retailers "continue to accumulate violations over multiple years, resulting in revocation proceedings."

During public comment, multiple youth representatives and community prevention professionals urged the commission to enforce the ordinance. "Flavored tobacco products and vaping devices continue to be marketed toward young people and can contribute to lifelong nicotine addiction," said Jenny Tron, a public health student at UC Berkeley and Hayward resident, who asked the commission to "uphold the intent of the tobacco retail license ordinance." Prevention professional Sandra Archeletta characterized the staff findings as "extremely egregious," saying she saw evidence of cannabis sales and, in one case, an unlawful firearm that police had confiscated.

Staff and police described evidence gathered in joint inspections with the California Department of Tax and Fee Administration (CDTFA) and the Hayward Police Department. Detective Gabby Wright of the Hayward Police Department said officers seized quantities of suspected psilocybin packaged for sale in one shop and submitted a complaint to the district attorney's office; Wright also said a firearm located at another business was registered to an employee and was not seized.

Retailers and their representatives offered varying responses. Several owners said past managers or partners handled day‑to‑day operations during periods when violations occurred and that they have since removed those managers, retrained staff, updated posted licenses, or otherwise attempted to cure the violations. The owner of Mount Everest said he had removed a partner and updated the license and asked the commission for leniency. "I have fixed the violations," he said, noting he had updated licenses and removed items in response to inspections.

Commissioners pressed owners on notice and oversight. Staff explained notice practices: notices of violation and administrative penalty letters are mailed (and often hand‑delivered to property owners) and include reinspection dates. Commissioners noted that a tobacco retail license is attached to a business and that owners bear responsibility for compliance, regardless of who performs day‑to‑day management.

After deliberation, the commission recorded motions and roll‑call votes to revoke each retailer's tobacco retail license. Vote tallies as recorded in the meeting included unanimous or near‑unanimous votes in favor of revocation on the six matters; a small number of commissioners abstained on a subset of the items. Chair Hammond said each decision is final unless appealed and that an appeal must be filed within 10 days of the decision.

The staff report said the city currently licenses about 100 tobacco retailers and that staff had documented multiple violations for each of the six retailers before the commission. Staff recommended revocation for each location because the factual record—inspections, photographs and prior notices—met the preponderance standard that triggers revocation under the municipal code. The report also noted outstanding penalty amounts for some businesses (for example, staff reported approximately $18,588 in unpaid penalties for Stack City and about $10,892 for Stop and Save No. 106).

What happens next: the decisions may be appealed to the Hayward City Council within the 10‑day appeal window. If no appeal is filed, the revocations will take effect according to the municipal code and staff procedures; if appealed, the council will schedule a hearing for final action.

Appeal period and administrative detail: Chair Hammond reminded the public the commission's decisions are subject to a 10‑day appeal period and directed staff to the record for details about each retailer's inspection history and attachments supporting staff's recommendations.

The commission completed remaining routine business (approval of minutes and announcements) and adjourned.