Hayward Council Upholds All Six Tobacco License Revocations, 6-0

City Council • HaywardOctober 14, 2026

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Hayward's City Council on Oct. 13, 2026, rejected six smoke shops' bids to keep their tobacco retail licenses, voting 6-0 each time to uphold Planning Commission revocations. With four unappealed revocations already final, 10 of the city's 104 licensed tobacco retailers have now lost their licenses under a three-violations-in-five-years rule. Attorneys for the shops called the process rushed and legally flawed, while organized youth advocates urged the council to hold firm.

All six appeals denied, 6-0, finalizing 10 tobacco license revocations citywide
Attorneys challenge notice, vagueness and 10-minute time limits; the court petition window is 180 days
Police testimony cites cannabis, suspected psilocybin and hidden compartments at several shops
SLAM and Eden Youth Advisory Council members urge denial at every hearing
Hardship and partial payments don't erase violations, staff said

Three Strikes, Six Denials

The basics: Hayward adopted its tobacco retail ordinance in 2014 to license sellers and reduce youth access. It strengthened the ordinance in 2020 to cover flavored products and electronic smoking devices. Under the code, "the Planning Commission must revoke a tobacco retailer license if it finds that the retailer has incurred 3 or more violations of the ordinance within a 5-year period," said Principal Planner Elizabeth Blanton.

Why it matters: The rule is mandatory, and the burden falls on retailers. Staff had to prove violations by a preponderance of the evidence. Retailers then had to show by clear and convincing evidence that a lesser penalty was warranted. Asked by Councilmember Dan Goldstein to define that standard, the City Attorney said: "Clear and convincing is beyond preponderance of the evidence and less than evidence beyond a reasonable doubt."

Where things stand: Of 104 licensed retailers, 10 had three or more violations in five years. The Planning Commission held hearings June 11 and June 25 and revoked all 10 licenses. Six retailers appealed. Each received a separate hearing, and each ended the same way.

Before the final vote, Mayor Mark Salinas put the numbers on the record. "There's 104 retailers in our city," he said. He described that as about one retailer per 1,500 people and said nearly 10% were found out of compliance. He told retailers and advocates "that this is a license, that it is a privilege."

Decisions and stakeholder impacts: Every resolution passed with For: 6 (Salinas, Goldstein, Ray Bonilla Jr., George Syrop, Angela Andrews, Francisco Zermeño), Against: 0, Absent: 1 (Mayor Pro Tem Julie Roche).

Mount Everest Smoke Shop, 24703 Amador St.: Zermeño moved, Goldstein seconded.
Heart of the Bay Smoke Shop, 22515 Alice St.: Goldstein moved, Zermeño seconded.
Hip Hop Smoke Shop, 24289 Mission Blvd.: Goldstein moved, Zermeño seconded.
Stop and Save #106, 338 W. Tennyson Road: Syrop moved, Bonilla seconded.
Smokey's Smoke Shop and Gifts, 25088 Hesperian Blvd.: Salinas moved, Zermeño seconded.
Great Smoke Shop, 1090 La Playa Drive: Zermeño moved, Goldstein seconded.

The council's speaker who thanked city departments credited the enforcement push to grant funding. "I appreciate the initiative to secure the grant to pursue this enforcement," the speaker said.

What's next: Councilmember Zermeño, echoing an earlier request from Councilmember Syrop, asked staff to separate the two kinds of license violations in future reports. "There should be a difference between an expired license and a non-visible license," Zermeño said.

Legal Fights Fall Short at Two Shops

The two most heavily contested hearings featured attorneys who attacked the process itself.

Where things stand: At Smokey's Smoke Shop and Gifts, staff listed five violations from July 2022 through November 2025. Staff also read an Alameda County Public Health Department email about a June 2023 seizure of 375 vape pouches and untaxed products. Jesse Prins of Code Enforcement acknowledged that "this violation isn't included in the violations packet for this retailer."

Three councilmembers disclosed outside contact. Councilmember Andrews said "the representatives at Smokey's had contacted me via email," and also by text. The mayor said he received a text and did not engage. Another councilmember disclosed a Zoom meeting with the owner and an attorney.

The other side: The shop's attorney argued the 2022 notices lacked facts and said staff's own response conceded some entries shouldn't count. "10 minutes is a ridiculously short amount of time to be able to defend a business from the death penalty," he said. He closed with a baseball analogy: "That is 4 balls, 2 strikes. Staff cannot prove their case."

The owner said he opened in 2011 and had worked with code enforcement. A public commenter drew a contrast with the other appellants: "He does not sell cannabis in the store. He does not have a secret room." A longtime customer and former employee warned that "reducing the availability of smoking items and supplies will only push individuals into the black market."

Staff held firm. "We definitely know that the one that was upheld by the hearing officer would be a concrete violation," said Christina Morales of city staff. She added that the violation rescinded for vagueness was not among the five grounds for revocation. Asked by Councilmember Bonilla about vagueness, the City Attorney said the municipal code is not vague. He also said a lesser penalty, such as a suspension, would require a clear-and-convincing finding and at least four votes.

At Great Smoke Shop, staff cited four violations from January 2023 through April 10, 2026. Those included mushroom gummies, psilocybin edibles, cannabis pre-rolls, and hidden compartments opened with an RFID card. The shop's attorney objected to the time limit and argued that notices went to landlords. He also said a second notice served eight days before the hearing added an allegation. "It's only after the city got $153,000 that all of a sudden enforcement became a real big issue," he said.

He offered a compromise, saying "my client would be open to a suspension without admitting anything." He also asked for a stay of at least 30 days to seek court relief.

Decisions and stakeholder impacts: The City Attorney rejected the stay. "The council needs to make a final decision one way or the other," he said. Staff stood by four violations and said the last inspection showed willful concealment. Both revocations passed 6-0.

What's next: After a final decision, the City Attorney said, a petitioner has 180 days to go to court.

Notice Dispute Can't Save Mount Everest

Where things stand: Mount Everest Smoke Shop's first-in-line hearing tested whether violations count if the business owner says notices never arrived. Staff reported four violations from March 2024 to April 2026, plus $4,500 in penalties and fees. The violations included flavored tobacco, hemp/CBD/THC products, prohibited cigarillo packaging, and a concealed door hiding prohibited products. Prins was blunt about the shop's hardship claims: "The ordinance does not provide a hardship exemption that would justify a lesser penalty in this case."

The other side: The shop's attorney said his Oct. 1 records request to the clerk had gone unanswered. He also said the case package showed no proof of service to the business, and the owners submitted declarations saying they never received notices. "Because revocation is mandatory once 3 violations are established, we respectfully ask the council to confirm that each notice of the violation was properly noticed to the business owner," he said. He asked the council to reverse or continue the matter.

Decisions and stakeholder impacts: Staff said the nuisance ordinance "requires that the city notice the property owner because they are ultimately responsible." Staff added that it also notices businesses directly and that evidence on pages 2 and 73 showed service to the site. Bonilla pressed on whether the business owner was notified. The council denied the appeal 6-0. The result signals that violations noticed to property owners will count toward revocation.

Cannabis, Mushrooms and a False Bookcase

Where things stand: Three more hearings turned on what inspectors found inside the stores.

At Heart of the Bay, staff cited four violations from April 2022 through Jan. 28, 2026, including cannabis and mushrooms. The owner said the shop is his only income and that violations were fixed. He also said the cannabis was a small amount for personal use. He said he is paying a $4,500 balance under a payment plan he arranged with Prins.

Asked by Bonilla how staff knew the products were for sale, a Hayward police detective testified that "we located suspected cannabis in 6 Mylar packages." The detective also described roughly 11 ounces of suspected psilocybin in jars indicative of sales.

Hip Hop Smoke Shop's owner and counsel did not appear. Staff described four violations, a concealed compartment behind a false bookcase, and a firearm. The detective later said "we were able to confirm that the firearm was registered to that individual" and that it was in an employee-only area. Councilmember Syrop disclosed he had been a customer in the past but had no conversations about the appeal. An online commenter asked "what's going to happen to the brick-and-mortar buildings" once shops close.

Stop and Save #106 also did not appear. The shop had paid $15,000 toward a $20,235.27 business license tax balance. Staff said the payment left the account delinquent and did not address eight violations from April 2022 through March 2026. Another $10,892 is due from an ongoing 2025 case, and both the business and tobacco licenses had expired.

Decisions and stakeholder impacts: All three revocations passed 6-0. Neither family hardship nor partial payments moved the council.

Youth Leaders Show Up in Force

Why it matters: The most consistent voices of the night came from an organized bloc of youth leaders. They came from SLAM, with an adult advocate working alongside them, and from the Eden Youth Advisory Council. They spoke at every hearing.

Where things stand: Their message centered on owner responsibility. "Fixing problems after inspection does not erase previous violations," said a SLAM youth leader. A Youth Advisory Council board member made an economic argument: "Retailers who do not adhere to the TRL also unfairly compete with businesses that follow the rules." The SLAM adult advocate said "it is a privilege to sell items that are not supposed to be for youth, that can be harmful to the community." She later cited the Healthy Kids Survey. One speaker addressed the council in Spanish with interpretation, acknowledging the economic toll on owners but urging revocation.

The other side: A commenter at the Smokey's hearing cautioned against scripted youth testimony. The adult advocate defended the youths' independent advocacy.

Decisions and stakeholder impacts: The mayor referred to the young speakers in his closing remarks, a sign their sustained presence registered with the council.

Great California ShakeOut: Bonilla invited residents to an earthquake event at City Hall featuring a "Big Shaker" simulator.
Storm prep: Andrews announced Super El Niño messaging, a sandbag station at the Animal Shelter, and a Saturday 8 a.m. Ruse Park cleanup.
Hayward Night Market: A councilmember announced the market at St. Rose Hospital.
In memoriam: The meeting adjourned in memory of Linda Renteria of Casa Sanchez Foods and Hayward firefighter-paramedic Travis Foster. The mayor asked the city manager to arrange memorial tree plantings.

Looking ahead: The six shops have 180 days from the council's final decisions to petition a court. Watch for staff reports that separate expired licenses from unposted ones, as Zermeño and Syrop requested.

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