ATTACHMENT III-a
HAYWARD CITY COUNCIL
RESOLUTION NO. 26-_____
Introduced by Council Member _________
RESOLUTION DENYING APPEAL AND UPHOLDING PLANNING COMMISSION’S
REVOCATION OF TOBACCO RETAILER LICENSE FOR HEART OF THE BAY SMOKE SHOP LOCATED AT 22515 ALICE STREET
WHEREAS, on December 20, 2018, Nazir Ahmad on behalf of Heart of the Bay Smoke Shop was awarded a Tobacco Retailer License to sell tobacco products at 22515 Alice Street (Assessor Parcel No. 431-0008-065-02); and
WHEREAS, on April 13, 2022; April 10, 2024; November 19, 2025; and January 28, 2026; Heart of the Bay Smoke Shop was cited by Code Enforcement staff for violating Hayward Municipal Code Section 10-1.2780 of the Tobacco Retail Sales Establishment Ordinance; and WHEREAS, Section 10-1.2794 of the Hayward Municipal Code requires that any Tobacco Retail Sales Establishment that commits three violations of the Ordinance’s regulations within a five-year period be referred to the Planning Commission for review and that the Tobacco Retailer License shall be revoked following the third violation unless the business can demonstrate by clear and convincing evidence that a lesser penalty is warranted; and
WHEREAS, on June 11, 2026 the Planning Commission held a public hearing on the Tobacco Retail Sales Establishment Ordinance violations committed by Heart of the Bay Smoke Shop and voted 5-0 for revocation of the establishment’s Tobacco Retailer License, finding, by a preponderance of the evidence, that the establishment committed three or more violations within a five-year period, requiring revocation unless the establishment presented clear and convincing evidence that a lesser penalty was warranted; and WHEREAS, the establishment presented argument and/or evidence regarding whether a lesser penalty was warranted, but the Planning Commission did not find that the establishment had established, by clear and convincing evidence, that a lesser penalty was warranted; and
WHEREAS, the revocation by the Planning Commission was appealed by Nazir Ahmad on behalf of Heart of the Bay Smoke Shop, requiring a City Council hearing for final determination; and
ATTACHMENT III-a
WHEREAS, on October 2, 2026, notice of the Council public hearing on the appeal of the revocation was mailed to all property owners and residents within 300 feet of the establishment site as well as to those who requested such notice; and was published in The Daily Review newspaper; and
WHEREAS, on October 13, 2026, the Council held a public hearing and accepted public testimony on the appeal and considered the written submissions in support of the specified grounds of appeal, the staff report, and evidence presented at the hearing, the documents submitted to the Planning Commission, and the meeting minutes of the Planning Commission.
NOW, THEREFORE, BE IT RESOLVED that the City Council, based on the foregoing and all evidence presented hereby denies the appeal, and upholds the Planning Commission’s revocation of Heart of the Bay Smoke Shop’s Tobacco Retailer License, effective immediately.
IN COUNCIL, HAYWARD, CALIFORNIA, ____________________, 2026.
ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward