Attachment IV-d
Staff Responses to Grounds for Appeal submitted by Hiphop Smoke Shop, 24289 Mission Blvd.
Number Grounds for Appeal Staff Response
1 I purchased this business in 2024 and have
invested substantial financial resources, time,
and effort into operating it. The revocation of
my license would effectively force my
business to close, causing significant
financial hardship to me, my employees, and
my family.
No Investment or Hardship Provisions
Related to Revocation. The Tobacco Retail
Sales Establishment Ordinance requires
revocation if there are three violations within
five years. There are no provisions that
consider investment or economic hardship.
Neither of these reasons address the
business owner’s pattern of non-compliance
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 Since receiving notice of the violations, I have
taken the matter seriously and have worked to
address the City’s concerns. I am fully
committed to complying with all applicable
federal, state, and local laws and regulations
governing tobacco retail businesses. I am
willing to accept reasonable conditions,
increased monitoring, training, or another
appropriate penalty if necessary to
demonstrate my commitment to full
compliance.
Pattern of non-compliance. 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 and the presence of
concealed storage areas containing
prohibited products demonstrates willful noncompliance and intent to conceal unlawful merchandise. Given that the violations
reoccurred, he has not taken the matter
seriously. The business owner has offered to
accept additional monitoring, training or other
appropriated penalties; however, these
remedies require that the City invest more
enforcement resources on an establishment
which has failed to comply with the law
repeatedly.
Attachment IV-d
3 I respectfully ask the City to consider a lesser
penalty rather than permanent revocation. I
believe allowing my business to continue
operating under appropriate conditions would
better serve the interests of fairness while still
achieving the City’s enforcement objectives.
Penalty is consistent with Section 10-1.2794
HMC. Section 10-1.2794 HMC requires that
the license be revoked if there are three
violations in five years. The evidence in
attachment IV-b shows that there were four
violations within the five-year period.
Additionally, the business owner did not
request a lessor penalty from the planning
commission or provide clear and convincing
evidence that a lessor penalty was warranted.
All of the violations resulted from conscious
business decisions to sell prohibited
products. Concealment of the prohibited
products is a further indicator that the owner
intentionally violated the law. Suspension in
this case is not a viable option due to the
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.