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Planning commission revokes four Hayward tobacco retail licenses after staff documents repeated violations
Summary
After a multi‑hour hearing, the Planning Commission found multiple Hayward retailers had accumulated at least three violations in five years and voted to revoke four tobacco retail licenses, citing repeated sales of prohibited flavored or electronic tobacco products, licensing failures and, in one case, concealed storage of illicit products.
The Hayward Planning Commission voted on Wednesday to revoke the tobacco retail licenses of four businesses after staff documented repeated violations of the city’s tobacco retail ordinance.
Code enforcement inspector Jesse Prince summarized enforcement histories and presented photographs and inspection records for each retailer. Staff said the municipal ordinance (Hayward Municipal Code section 10‑1.2794) requires revocation when a retailer has committed three or more violations in a five‑year period unless the retailer presents clear and convincing evidence that a lesser penalty is warranted.
Mobile Hayward Gas and Food: Staff reported six violations between May 2023 and April 2026 for sales of prohibited vape products, hemp products and failures to display or maintain licenses. The business was also cited twice by the U.S. Food and Drug Administration for sales to persons under 21. Staff recommended revocation and the commission voted to revoke the license; staff noted the business told the commission it will cease operations at that location on June 29, 2026. "These violations demonstrate a continuing pattern of non‑compliance," Prince said.
Smokeoky's Smoke Shop & Gifts: Staff described five violations from 2022–2025 including flavored tobacco, vape/CBD/hemp products and imitation mushroom gummies; the business had previously appealed a 2022 citation and an independent hearing officer upheld that violation. The owner and counsel argued many 2022 contacts had been educational and raised procedural objections about notice; commissioners emphasized consistency of enforcement and voted to revoke the license.
Master Shell (Foothill Boulevard): Staff presented a history of violations (2022–2026) including flavored products and missing or expired posted licenses and reported unpaid penalties. No representative appeared and the commission voted to revoke the tobacco retail license.
The Great Smoke Shop: Staff said a January 2026 joint inspection with the California Department of Tax and Fee Administration and Hayward Police Department uncovered concealed storage areas and hidden compartments containing prohibited flavored products, untaxed cigarettes and cannabis products; staff referred potential criminal matters to the Alameda County District Attorney’s Office. Retail counsel raised procedural‑due‑process objections and sought a continuance; staff and the city attorney defended the hearing process. After deliberation commissioners voted to revoke the tobacco retail license for the Great Smoke Shop.
Legal and procedural notes: Staff and the city attorney told the commission the city bears the initial burden by a preponderance of the evidence to show three or more violations in five years; if staff meets that burden the retailer must show by clear and convincing evidence that a lesser penalty is appropriate. The commission’s revocations take effect immediately unless an appeal is filed; each decision is subject to a 10‑day appeal period to city council. Staff said revocation can prevent the business entity or proprietor from re‑establishing a tobacco retail license at that location given zoning and licensing rules.
Public input and enforcement context: Community health advocates and students urged robust enforcement to prevent youth access to flavored and electronic tobacco products. Several retailers or their attorneys argued parts of the enforcement history were educational rather than punitive and raised procedural objections about notice and time to prepare; the commission weighed the documentary record, inspection photographs and prior administrative hearing outcomes when reaching its decisions.
Outcome at a glance (actions taken by the Planning Commission): Mobile Hayward Gas and Food — revoked; Smokeoky's Smoke Shop & Gifts — revoked; Master Shell — revoked; The Great Smoke Shop — revoked. Each decision is final unless appealed to city council within 10 days.
What’s next: Retailers may appeal to the city council; staff said enforcement and inspections would continue during any pending appeals and that criminal referrals (where applicable) will proceed independently with the county district attorney’s office.
