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Attachment II-c Grounds for Appeal - 24703 Amador

Hayward City Council
October 13, 2026

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Attachment II-c Grounds for Appeal - 24703 Amador
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October 13, 2026
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Hayward City Council
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EVEREST SMOKE SHOP
Arafat Alamdi
24703 Amador St, Hayward, CA 94544
510-953-8970 | [email protected]
June 16, 2026
City Clerk's Office
City of Hayward
777 B Street, 4th Floor
Hayward, CA 94541
Re: Notice of Appeal — Planning Commission Decision Revoking Tobacco Retail License Licensee: Arafat Alamdi
Business: Everest Smoke Shop, 24703 Amador St, Hayward, CA 94544 License No.: CE-TRLPMT-000013-2024
Hearing Date: June 11, 2026
Dear City Clerk,
Pursuant to Hayward Municipal Code Sections 10-1.2825 and 10-1.2845, I, Arafat Alamdi, owner of Everest Smoke Shop located at 24703 Amador St, Hayward, CA 94544 (License No.

CE-TRLPMT-000013-2024), hereby submit this timely Notice of Appeal. This appeal is taken from the decision of the Hayward Planning Commission, issued on or about June 11, 2026, ordering the full revocation of my Tobacco Retail License.

Background
The Planning Commission's decision was based on three alleged violations associated with the following inspection dates: (1) March 29, 2024; (2) January 8, 2025; and (3) January 29, 2026.

The alleged violations concerned the presence of flavored tobacco products, vaping products, and other prohibited products on the premises, as well as issues related to expired licensing. The Commission ordered full revocation of my Tobacco Retail License.

Grounds for Appeal
I respectfully submit that the Planning Commission's decision to impose full revocation is unwarranted, disproportionate, and contrary to the evidence, for the following reasons:

1. Disproportionality of Penalty
Full revocation is the most severe penalty available and should be reserved for the most egregious and willful violations. The violations at issue; possession of flavored tobacco products, vaping products, and other prohibited products, as well as expired licensing do not rise to a level Attachment II-c
that justifies the permanent loss of my license. No evidence of willful conduct, actual sales to minors, or criminal activity was presented to warrant the maximum penalty. I respectfully request that the City Council consider a less severe remedy, such as a fine, a period of suspension, or a stayed revocation with compliance conditions.

2. Remediation and Good Faith Compliance Efforts
I have taken steps to bring my business into compliance and have acted in good faith in addressing the cited violations. Full revocation does not account for my remediation efforts and does not serve the rehabilitative purpose of the Tobacco Retail License enforcement program. A penalty that allows me to continue operating under strict compliance conditions would better serve the City's regulatory objectives.

3. Hardship and Economic Impact
Full revocation will result in the permanent closure of my business and the loss of my livelihood and that of those who depend on it. I respectfully ask the City Council to weigh the severe economic consequences of revocation against the nature and severity of the violations, and to impose a remedy that is proportionate to the conduct at issue.

4. Span of Violations Over Extended Period
The three violations span a period of nearly two years, from March 2024 through January 2026.

The extended timeframe between violations, and the absence of any evidence of a continuous or systematic pattern of willful noncompliance, further supports a finding that full revocation is excessive under the circumstances.

Relief Requested
For the foregoing reasons, I respectfully request that the Hayward City Council:
(1) Schedule a public hearing on this appeal;
(2) Reverse the Planning Commission's order of full revocation; and (3) Impose a proportionate remedy, including but not limited to a fine, suspension, or a stayed revocation with compliance conditions.

Please confirm receipt of this Notice of Appeal and advise me of the scheduled hearing date. If you need any additional information, please contact me at the address or phone number listed above.

Respectfully submitted,
Arafat Alamdi
Owner, Everest Smoke Shop
24703 Amador St, Hayward, CA 94544
510-953-8970 | [email protected]

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