Six tobacco shops in Hayward lost their retail license after selling illegal drugs, unlicensed cannabis, and by not complying with city ordinances.
The city council revoked six tobacco retail licenses at the Oct. 13 Hayward City Council meeting. The hearing was scheduled after 10 businesses made more than three violations in the span of five years.
Six businesses appealed for a lesser penalty instead of the recommendation of getting their tobacco retail license revoked. Union City director of development services Sara Buizer said in an email, businesses are still allowed to exist without a license, as long as they are not selling tobacco products.
Photos Courtesy of City of Hayward staff
In 2020, the city set restrictions on flavored tobacco products and electronic smoking devices. Businesses were given six months to comply with the new policies. The staff report said code enforcement inspections that involved violations were also educational, reminding business owners of the flavored tobacco ordinance.
Violations included selling tobacco to people 21 and younger, selling flavored tobacco, magic mushrooms and cannabis without a permit, and having an expired license that was not posted at the businesses. The businesses concealed prohibited items with a door, compartment and a storage room.
Violations made by the business Heart of the Bay escalated after each inspection. The first violation in 2022 involved ad placement, the size of ads and having an expired license or one that wasn’t posted at the business. The second violation involved licensing requirements again. The third involved selling flavored tobacco products, and licensing issues for the third time.
The fourth violation in January involved the sale of magic mushrooms, cannabis, flavored tobacco products again and vapes. The business did not try to renew or post their license in all four inspections.
The Gr8 Smoke Shop and Smokey’s Smoke Shop and Gifts also sold magic mushrooms in the form of gummy candy.
The youth group San Lorenzo Hayward Acres Mobilized (SLHAM) and a concerned resident spoke at the meeting to express concern over smoke shops selling tobacco to young people. “I am a high school student, and I am also a youth representative with SLHAM. I’ve expressed my distaste towards tobacco shops before at several public comments, and I come today to reiterate it,” he said.
He continued, “If there is a policy active against this, my question is, why are we even questioning it? I personally believe that when you are giving a license to a tobacco retailer, they are to understand the laws and the policies against giving tobacco, especially to youth. I see a lot of tobacco in my youth at school. I see a lot going around.”
Two lawyers attended the meeting in-person to defend their clients. One attorney for Smokey’s Smoke Shop and Gifts compared the city handing out violations to baseball. “Every time they send out a piece of paper that says violation on it, they’re pitching. Your job is to decide, was it a strike or a ball? They’ve got to get to three strikes, and he’s out.”
