ATTACHMENT V-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 Stop N’ Save #106 LOCATED AT 338 WEST TENNYSON ROAD
WHEREAS, on February 24, 2015, Stop N’ Save #106 was awarded a Tobacco Retailer License to sell tobacco products at 338 W Tennyson Rd (Assessor Parcel No. 465-0005-001- 06); and
WHEREAS, on April 29, 2022; March 28, 2024; May 8, 2024; December 18, 2024; November 20, 2025; January 14, 2026; March 4, 2026; and March 25, 2026; Stop N' Save #106 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 Stop N' Save #106 and voted 6-0 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 did not present evidence or argument and therefore did not establishing by clear and convincing evidence that a lesser penalty was warranted; and WHEREAS, the revocation by the Planning Commission was appealed by Naeem Akram on behalf of Stop N' Save #106, requiring a City Council hearing for final determination; and
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
ATTACHMENT V-a
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 Stop N' Save #106’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