Board upholds one-year suspension of tobacco-retail license for 5 Star Smoke Shop, waives $1,000 fine and imposes administrative fee

The Board of Supervisors on Oct. 9 denied an appeal by a tobacco retailer and upheld a West County Board of Zoning Adjustments decision to suspend the retailer’s tobacco retail license for one year following repeated violations of Alameda County’s tobacco retail licensing (TRL) ordinances.

Code Enforcement Manager Ed Labayog told the board the retailer had three violations within a five-year period for sales of flavored tobacco and electronic smoking devices — sales that county staff documented in prior inspections and through a June 11 undercover operation by the Alameda County Sheriff’s Department, during which deputies purchased flavored tobacco and electronic devices. Labayog said the ordinance makes retailers liable for prohibited sales by employees irrespective of owner presence.

Multiple public-health and community speakers urged the board to uphold the suspension as a tool to reduce youth access to flavored tobacco and vapes. “This business has shown a pattern of repeated violations,” said SLAM representative Marcia Lopez, noting the recent undercover purchase.

The retailer’s manager, appearing by phone with a translator, said the owner was overseas, the store removed prohibited products after notice and trained staff, and asked the board for leniency given the business’s hardship. Counsel and staff said no new legal grounds were presented that would justify reversing the BZA decision.

Supervisor Riley moved to deny the appeal as to the one-year suspension, grant relief by waiving the $1,000 fine, and impose the $268 administrative fee. The motion passed unanimously.

The board emphasized enforcement’s public-health rationale and the need for retailers to ensure staff compliance with TRL rules; staff will monitor compliance and follow up on any additional violations.