Attachment III-d
Staff Responses to Grounds for Appeal submitted by Heart of the Bay Smoke Shop, 22515 Alice St
Number Grounds for Appeal Staff Response
1 This is the only source of income I have for my
family and my kids.
No Hardship Provisions Related to
Revocation. There are no hardship provisions
in the Tobacco Retail Sales Establishment
Ordinance. Economic hardship does not
address the business owner’s pattern of noncompliance or provide clear and convincing evidence that a lessor penalty is warranted.
The pattern of non-compliance demonstrates
a disregard for public health measures
intended to protect youth from harmful
tobacco and nicotine products.
2 I will take care of my responsibility and follow
the law and follow the City of Hayward Court
enforcement order. We did some mistake. We
realize that no more happening again. I clean
all the violations, clean my shop, take the
poster out of the walls and no flavor. Nothing
supposed to be in my shop or a vape.
I’m here to fix everything. I promise you I will
keep clean and nice for the business and city
of Hayward. I need the chance to fix my
mistake and the mistake.
Pattern of non-compliance. Sec. 10-1.2785
HMC requires each proprietor to be informed
regarding all laws applicable to tobacco retail
sales. Sec. 10-1.2783 HMC requires that all
Tobacco Retail Sales Establishments comply
with local, State, and/or Federal laws related
to sales, advertising or display of tobacco
products, electronic smoking devices,
imitation tobacco products and/or tobacco
paraphernalia, including, but not limited to,
posting prominently near the cash register or
other point of sale and at the entrances to the
establishment the legal age to purchase
tobacco products and checking the
identification of purchasers to ensure they are
of legal age to promote public health and
provide regulatory protection for the City's
youth from harmful tobacco and nicotine
products. The business owner’s pattern of
non –compliance with escalating violations
demonstrates willful non-compliance. There
is no evidence that the business owner
understands the laws he is required to comply
with. Suspension in this case is not a viable
option due to pattern of non-compliance. The
pattern of non-compliance demonstrates a
disregard for public health measures intended
to protect youth from harmful tobacco and
nicotine products. Revocation recommended.
Attachment III-d
3 I never done it but other people did it and I’m
taking care of it.
Proprietor responsible for compliance.
Based on Sec. 10-1.2785 HMC and Sec. 10-
1.2783 HMC described above, the business
owner holds responsibility for compliance
with all laws applicable to tobacco retail
sales, which includes actions by other people
in his establishment. Admitting that other
people were responsible for the presence of
unpermitted products demonstrates that the
owner is not actively engaged in the business
operations and does not have protocols in
place to ensure he complies with all laws
applicable to tobacco retail sales.