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Board upholds revocation of Trophy Smoke Shop's tobacco license after repeated violations

Alameda County Board of Supervisors Planning Committee · September 19, 2024
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Summary

The Alameda County Planning Committee voted to deny an appeal by Trophy Smoke Shop and revoke its tobacco-retailer license after staff presented a record of repeated violations, including a sale to a minor and possession of electronic smoking devices during a suspension. Public health advocates urged the revocation; the owner defended his compliance claims.

The Alameda County Board Planning Committee on a motion to uphold the West County Board of Zoning Adjustment denied the appeal of Trophy Smoke Shop and voted to revoke the store's tobacco retail license (TRL 202200007), county staff said.

Edward Labayog, the county's code enforcement manager for unincorporated areas, summarized five enforcement actions at the 22299 Redwood Road business, including an alleged sale to a minor in August 2023, inspections documenting flavored tobacco and electronic smoking devices, and a one-year suspension that began Jan. 22, 2024. Labayog told the committee the retailer had four violations within a five-year period, which triggers revocation under the county's TRL code.

Public-health groups and youth advocates urged the Board to uphold the revocation. Brian Davis, project director for an anti-tobacco program, said the store ''does not respect the law'' and called for permanent revocation: ''Their license to sell tobacco should be revoked permanently.'' Reina Persad of Eden Youth said the violations ''undermine public-health initiatives aimed at reducing youth tobacco use.''

The store owner disputed the characterization of the violations, saying the hookah pipes and older vaping devices were stored in a back room and not offered for sale. ''They were in the storage room — you can look at the dates; you can see the dust,'' the owner said, arguing previous inspections had not required removal of the items. Staff and the sheriff's office reported open boxes and products displayed or visible from the sales area during compliance visits.

Supervisors discussed whether notice to the owner had clearly identified hookah paraphernalia and electronic smoking devices as items that must be removed from the sales area during suspension periods. County counsel and enforcement staff explained that prior notices referenced 'tobacco paraphernalia' and that, for the January inspection, staff told the operator to remove prohibited products from the premises or sales area.

On a roll-call vote the Board recorded: Supervisor Marquez — Aye; Supervisor Tam — Aye; President Miley — Yes; Supervisor Carson — excused; Supervisor Halbert — Aye. The motion passed to deny the retailer's appeal, affirm fines and fees, and revoke the TRL for the listed location. The committee noted the county's license cap (1 per 2,500 residents) means a revoked TRL will not immediately be available for reissuance.

The owner was reminded of appellate rights and compliance obligations; staff said enforcement and any further inspections will follow statutory procedures.