Attachment VI-b Evidence - 25088 Hesperian — Hayward City Council, October 13, 2026

Summary of Evidence
Business Information
Business Name: Smokey’s Smoke Shop & Gifts
Business Address: 25088 Hesperian Blvd, Hayward, CA 94545 Business Owner Name: Haroon Ahmed
Recommendation
As summarized, this establishment committed its ϐirst violation on April 13, 2022. As a courtesy, staff decided to rescind the notice due to “vagueness” of the listed corrective actions. This has not been counted as a violation against the business. The business was inspected again on 07/06/2022 where violations were again observed.

Evidence supporting the violation listed below are included in the Exhibits listed on the following page and includes testimony from various Inspectors as indicated on the Notice of Violation and Case and Inspection Details who witnessed the violations, as well as dated photos of the violations.

Following the issuance of a 2022 Notice of Violation, the business exercised its right to appeal the City's ϐindings through an administrative hearing. After reviewing the evidence and testimony presented by both parties, the Hearing Ofϐicer upheld the Notice of Violation and found in favor of the City, afϐirming that the violation had occurred as documented by City staff. This documentation can be found as an attached exhibit.

Here, the City does not recommend issuance of a lesser penalty due to the business’s continued pattern of non-compliance, including the sale of prohibited ϐlavored tobacco products, electronic smoking devices, and mushroom gummies. Despite multiple prior enforcement cases, failed inspections, and repeated educational outreach by the City, the business has continued to engage in unlawful tobacco sales practices.

Violations
Date Nature of Violation Municipal Code
Violation
Fees
11/17/2025 Flavored tobacco products, prohibited cigarillo packaging and mushroom gummies. SEC. 10-1.2783 $1500.00 02/09/2023 Flavored tobacco products, vape products/ electronic smoking devices, hemp products and CBD products. SEC. 10-1.2783 - 11/17/2022 Flavored tobacco products, vape products/ electronic smoking devices, hemp products and CBD products. SEC. 10-1.2783 - 08/15/2022 Flavored tobacco products, vape products/ electronic smoking devices, hemp products and CBD products. SEC. 10-1.2783 - 07/06/2022 Flavored tobacco products, vape products/ electronic smoking devices, hemp products and CBD products. SEC. 10-1.2783 - Attachment VI-b 1 of 218
Current Status
2026 case is to be scheduled. $1500.00 in penalties and fees are still due from failed inspection in 2025 which was closed as resolved.

Appeals
One - Unsuccessful
List of Evidence
Exhibit I: Photos
Exhibit II: Case and Inspection Details (CE-22-0507)
Exhibit III: Case and Inspection Details (CE-TRLENF-2025-00085) Exhibit IV: Notice of Violation (CE-22-0507)
Exhibit V: Notice of Violation (CE-22-0507)
Exhibit VI: Notice of Violation (CE-22-0507)
Exhibit VII: Notice of Violation (CE-22-0507)
Exhibit VIII: Appeal Decision (CE-22-0507)
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 2 of 218
Caption: Flavored tobacco products. Caption: Flavored tobacco products.

Exhibit I: Photos 3 of 218
Caption: Flavored tobacco products. Caption: Mushroom gummies.

Exhibit I: Photos 4 of 218
Caption: Mushroom gummies.

Caption: Electronic smoking devices. 08/15/2022
Caption: Prohibited cigarillo packaging.

Caption: CBD and hemp products.08/15/2022
Exhibit I: Photos 5 of 218
Caption: Hemp products. 07/06/2022
Caption: Flavored tobacco and nicotine products.
07/06/2022
Caption: Electronic smoking devices. 07/06/2022
Caption: Flavored tobacco products and
hemp products. 04/14/2022
Exhibit I: Photos 6 of 218

CITY OF HAYWARD
CASE AND INSPECTION(S) DETAILS (22-0507)
Code Case
22-0507
Case Type: CH- Tobacco Retail Standards Open Date: 03/28/2022 Status: Closed - Resolved Closed Date: 03/30/2023
Description: Gogov Topic: Tobacco Retail License - CN:22-0507 - Assigned To: Amber Green Parcel: 442-0051-034-00 Main Address: 25088 Hesperian Blvd, HAYWARD, CA 94545
Neighborhood Commercial (CN) (Zoning
District)
Zone:

Business Owner/Agent: SNA Trading Inc.

Property Owner: LUCAS ANSELMO F & CONCEICAO T ETAL
Contacts:

Activity Type Comments User Created On
Case Notes Added by Angelica Ventura - Munis records show all TRL fees have been paid to date.

Angelica Ventura 03/29/2022
Added by Amber Green - Due to administrative hearing requested and currently being scheduled, inspector will not be inspecting the property as scheduled as to not interfere with the hearing.

Amber Green 05/18/2022
Added by Amber Green - Attorney for Smokey’s and PO never received hearing information. Paralegal Hannah Young is requesting a continuance. CAO requests June 29th in the afternoon works. PO email address is [email protected] Amber Green 06/07/2022
Added by Amber Green - Continuance has been granted, next hearing date is scheduled for Wednesday June 29th at 2:30pm.

Amber Green 06/08/2022
Added by Amber Green - Hearing officer has called for a continuance due to administrative jurisdiction abilities.

Amber Green 06/30/2022
Added by Amber Green - Inspector will send out TRL NOV after PC 832 training. Schedule has been limited to 4th of july holiday schedule and notices that were sent out.

Amber Green 07/15/2022
Added by Amber Green - Emailed CE manager TRL notice for review.

Amber Green 08/12/2022
Added by Amber Green - Inspector was out of the office due to Covid. Delay in the notice going out.

Amber Green 09/01/2022
Added by Amber Green - Inspector was out of the office due to car accident and health issues. Delay in notice going out.

Amber Green 10/13/2022
Added by Amber Green - Paralegal Hannah Young 510-333-7996 has reached out requesting an administrative hearing. (Request was left through VM on 10/24/2022).

Amber Green 10/31/2022
Inspector mailed out Notice of Inspection (template for after administrative hearings that constitute a reinspection). Original was mailed to the PO, and a copy was emailed to business owner and attorney.

Amber Green 03/20/2023
Courtesy Notice Sent Added by Amber Green - Send to (Owner,Property Location), Extra Days (3), Observation (Dear Property Owner
Please be advised – After review of the Notice of Violation provided on 04/18/2022, and consideration of tenant concerns in regards to Code Enforcement Case #22-0507, Staff will be amending the original Notice of Violation provided in an effort to provide additional clarity and direction for compliance.

Additionally, to assure results of the required tobacco retail inspection are current, staff will be reaching out to coordinate a new inspection for the purposes updating current conditions.

Please be advise all compliance dates associated with the original Notice of Violation will be updated to reflect an adjusted timeline.

Should you have any questions please feel free to reach out to me at your convenience.)
Amber Green 07/01/2022
June 15, 2026 777 B St, Hayward, CA 94541 Page 1 of 6
Exhibit II: Case and Inspection Details (CE-22-0507) 7 of 218 Email Added by Amber Green - From: Hannah Young
<[email protected]>
Sent: Thursday, April 28, 2022 11:06 AM
To: Mira Hahn <[email protected]>; Amber Green
<[email protected]>
Cc: James Anthony <[email protected]>; Drew Sanchez <[email protected]>; Jamila Colbert
<[email protected]>; Theresa Sawyer
<[email protected]>
Subject: Questions Re: Administrative Hearing for Smokey's Smoke Shop & Gifts, Case No. CE-22-0507 — 25088 Hesperian Boulevard
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Greetings,
We represent SNA Trading Inc. dba Smokey's Smoke Shop & Gifts in the above matter. I am writing to follow up regarding the voicemails I left for you yesterday, as well as the voicemails you left for me earlier this morning.

Pursuant to the instructions on the City's Request for
Administrative Hearing Request form, we understand that the completed form and $946 hearing fee must be submitted to the City of Hayward Code Enforcement Division, 777 B Street, Hayward, CA 94541.

Please confirm whether it is possible to return the form electronically (via email), and also provide information concerning payment options for submitting the $946 fee.

Feel free to call me on my cell at 510-333-7996. Thanks in advance.

Best,
Hannah
Amber Green 04/28/2022
Added by Amber Green - Provided Administrative Hearing form and instructions on how to reach Revenue for alternative forms of payment
Amber Green 04/28/2022
Added by Amber Green - Hi Amber/Mira,
This is an aside since the documents may be requested for the hearing. I attached the original application and the business name change update for our reference. Also, the license expired 12/31/2020 in case we can use this as ammo in the hearing.

I’ll let you know Monday once the hearing fee has been paid.

Thank you,
Forrest Nylander
Finance Supervisor
City of Hayward – Finance Revenue Division
Amber Green 04/28/2022
Added by Amber Green - Emailed hearing officer staff report and

TRL NOV
Amber Green 06/06/2022
Inspection Added by Amber Green - At time of inspection met with Kahn 209- 649-3270 and spoke with PO HAROON 408-429-9736. Inspector observed various products not in compliance with new tobacco ordinance. Will allow 30 days for reinspection to observe progress towards compliance.

Amber Green 04/13/2022
Added by Amber Green - At time of inspection spoke with PO Haroon and inspector took pictures of entire shop.

Amber Green 07/06/2022
Added by Amber Green - At time of inspection, PO Haroon walked inspector over to each area of the smoke shop to discuss individual items.

Amber Green 08/15/2022
Owner abated. Closing case. Amber Green 03/30/2023
Notice of Inspection Sent Amber Green 03/16/2023
Notice of Violation Letter Sent Added by Amber Green - Send to (Owner,Property Location), Observation (During scheduled inspection please show progress is being made towards compliance. )
Amber Green 04/18/2022
Added by Amber Green - Send to (Owner,Property Location), Observation (A progress check will be conducted on Wednesday September 28, 2022 to ensure measures are being taken place to bring the property into compliance.)
Amber Green 08/12/2022
June 15, 2026 777 B St, Hayward, CA 94541 Page 2 of 6
CASE AND INSPECTION(S) DETAILS (22-0507)
Exhibit II: Case and Inspection Details (CE-22-0507) 8 of 218 Notice of Violation Letter Sent Added by Amber Green - Send to (Owner,Property Location), Observation (A progress check will be conducted on Wednesday November 16, 2022 to ensure measures are being taken place to bring the property into compliance.)
Amber Green 10/13/2022
Amber Green 02/08/2023
Amber Green 02/09/2023
Amber Green 02/09/2023
June 15, 2026 777 B St, Hayward, CA 94541 Page 3 of 6
CASE AND INSPECTION(S) DETAILS (22-0507)
Exhibit II: Case and Inspection Details (CE-22-0507) 9 of 218 Other Activity Added by Amber Green - Contact Made (Yes), Contact Date (04/13/2022), Abated (No), Hearing Type (Admin), Days to Correct (30), Hearing Date (06/08/2022), Abated by (Contractor), Instructions (In accordance with the Tobacco Retail License Program, Code Enforcement conducts annual tobacco inspections to monitor the responsible sales of tobacco products to help eliminate the sale of tobacco products to minors. In July 2020, the City Council adopted Resolution No. 20-13 approving revisions the Tobacco Ordinance to address the nation-wide growing crisis in the accessibility and use of flavored tobacco and vaping devices by the youth. The Ordinance revisions included a ban in the sale all flavored tobacco products, electronic smoking devices, vaping products, parts, etc., and a six-month grace period from the adoption of the Ordinance (July 14, 2020) for tobacco retailers to remove the prohibited tobacco and vaping products to comply by January 14, 2021. Other changes adopted included (but not limited to) minimum tobacco prices and package sizes, increased distances to youth sensitive areas, revocation for repeat violations, etc.
04/13/2022 At time of inspection Inspector Green met with tenant Kahn and spoke with property owner Haroon on the phone.

Inspector Green observed various products not in compliance with the new tobacco ordinance. Inspector Green will allow 30 days for reinspection to observe progress towards compliance.
04/18/2022 Inspector Green sent TRL - Notice of Violation to (Owner,Property Location), Observation (During scheduled inspection please show progress is being made towards
compliance. )
04/28/2022 Inspector Green received phone call from attorney James Anthony who is requesting an administrative hearing.

Inspector Green left a voicemail advising once the administrative hearing fee is received the administrative hearing can be scheduled.
04/28/2022 Inspector Green received phone call from paralegal Hannah Young requesting an administrative hearing. Inspector Green left voicemail advising once the administrative hearing fee has been rec'd the hearing can be scheduled.
04/28/2022 Inspector Green received email from Hannah Young (paralegal) “Greetings, We represent SNA Trading Inc. dba Smokey's Smoke Shop & Gifts in the above matter. I am writing to follow up regarding the voicemails I left for you yesterday, as well as the voicemails you left for me earlier this morning. Pursuant to the instructions on the City's Request for Administrative Hearing Request form, we understand that the completed form and $946 hearing fee must be submitted to the City of Hayward Code Enforcement Division, 777 B Street, Hayward, CA 94541. Please confirm whether it is possible to return the form electronically (via email), and also provide information concerning payment options for submitting the $946 fee. Feel free to call me on my cell at 510- 333-7996. Thanks in advance. Best, Hannah”
04/28/2022 Inspector Green provided Administrative Hearing form and instructions on how to reach Revenue for alternative forms of payment
04/28/2022 Inspector Green received email from Forrest Nylander (Senior Customer Account Clerk) stating the administrative hearing fee has been paid for. The original business application and name change for reference. The business license expired in 12/31/2020.
05/18/2022 Due to the administrative hearing requested inspector Green will not be inspecting the property as scheduled as to not interfere with the hearing.
05/18/2022 Inspector Green left a voicemail for tenant Kahn advising no scheduled reinspection will be conducted until after the administrative hearing. Inspector Green spoke with property owner Haroon and advised no scheduled reinspection’s will take place until after the administrative hearing.
05/20/2022 Angelica Ventura (Code Enforcement Senior
Secretary) received Administrative Hearing Request (see attached). Hearing is set for Wednesday June 8th at 2:00pm via Teams meeting with in-person option. Mailed hearing appointment letter to the address provided on the hearing request form (copy attached)
)
Amber Green 05/26/2022
June 15, 2026 777 B St, Hayward, CA 94541 Page 4 of 6
CASE AND INSPECTION(S) DETAILS (22-0507)
Exhibit II: Case and Inspection Details (CE-22-0507) 10 of 218 Other Activity Added by Amber Green - Contact Made (Yes), Contact Date (08/15/2022), Abated (No), Hearing Type (Admin), Days to Correct (30), Hearing Date (12/08/2022), Abated by (Owner), Instructions (In accordance with the Tobacco Retail License Program, Code Enforcement conducts annual tobacco inspections to monitor the responsible sales of tobacco products to help eliminate the sale of tobacco products to minors. In July 2020, the City Council adopted Resolution No. 20-13 approving revisions to the Tobacco Ordinance to address the nation-wide growing crisis in the accessibility and use of flavored tobacco and vaping devices by the youth. The Ordinance revisions included a ban in the sale all flavored tobacco products, electronic smoking devices, vaping products, parts, etc., and a six-month grace period from the adoption of the Ordinance (July 14, 2020) for tobacco retailers to remove the prohibited tobacco and vaping products to comply by January 14, 2021. Other changes adopted included (but not limited to) minimum tobacco prices and package sizes, increased distances to youth sensitive areas, revocation for repeat violations, etc. )
Amber Green 11/17/2022
Phone Call Added by Amber Green - Rec'd phone call from attorney James Anthony 510-207-6243 who is requesting an administrative hearing. Left a VM advising once the fee is rec'd we can schedule the hearing.

Amber Green 04/28/2022
Added by Amber Green - Rec'd phone call from paralegal Hannah Young requesting administrative hearing. Left VM advising once the administrative hearing fee has been rec'd the hearing can be scheduled.

Amber Green 04/28/2022
Added by Amber Green - Left VM for tenant Kahn 209-649-3270 advising no scheduled inspection will be conducted today. Spoke with PO Haroon and advised no schedule inspection as well.

Amber Green 05/18/2022
Added by Amber Green - Spoke with PO Haroon and advised the City will amend the original NOV to provide clarity and direction for compliance. Emailed a copy of courtesy notice to PO. Inspector will reinspect property tomorrow.

Amber Green 07/05/2022
Spoke with Sandra Lucas 925-786-2048 (the daughter of the PO of the building). Sandra has been brought up to speed regarding the hearing and the legalities.

Amber Green 01/18/2023
Violation Code: HMC SEC. 10-1.2783 - TOBACCO

RETAIL STANDARDS
Violation Status: In Progress Citation Issue Date: 03/28/2022 Compliance Date: 03/30/2023
Code Description: Violation of Tobacco Retail Requirements and Operational Standards Resolved Date:

Corrective Action: VIOLATION: NON-COMPLIANCE WITH THE REQUIREMENTS AND OPERATIONAL STANDARDS FOR TOBACCO RETAIL SALES ESTABLISHMENTS.

SEC. 10-1.2783
C.It shall be a violation of these regulations for any Tobacco Retailer or any of the Tobacco Retailer's agents or employees to sell or offer for sale, to possess with intent to sell or offer for sale, or exchange for any form of consideration any:

1.Flavored tobacco products, parts, components, or flavored tobacco paraphernalia to include but not limited to: Inspector observed during inspection "Real Leaf Rolls", "Wraps", "ZYN", "Backwoods", etc.

2.Electronic smoking devices, electronic nicotine delivery systems (E-cigarettes), vaping devices, including all parts and components to include but not limited to: Inspector observed during inspection "PAX", "Exus", "Vaped Vano", "Volcano", etc.

3.Electronic smoking and vaping products, and vaping paraphernalia, including but not limited to, devices, parts and components, eliquids, concentrates, waxes, etc to include but not limited to: Inspector observed during inspection "Carta", "G", "Backwoods", etc.

4.CBD or hemp products, or any products made from, derivative of, or containing any amount of a Cannabis plant intended for human consumption to include but not limited to: Inspector observed during inspection "Hemp2o", "High Hemp Organic Wraps", "Artisanal Hemp Cones", "Organic Hemp Raw Cones", "CBD Edibles", "CBD Lollipops", "PM Hemp", etc.

Corrective Action: Removal of all products that do not comply with the requirements and operational standards for tobacco retail establishments.

June 15, 2026 777 B St, Hayward, CA 94541 Page 5 of 6
CASE AND INSPECTION(S) DETAILS (22-0507)
Exhibit II: Case and Inspection Details (CE-22-0507) 11 of 218 Inspection(s)
ICODE-002320-2023
Case Type: Code Enforcement Inspection Scheduled: 03/06/2023 Status: Canceled Actual Date: 03/06/2023
Comments:

Address: 25088 Hesperian Blvd,
HAYWARD, CA 94545
ICODE-002346-2023
Case Type: Code Enforcement Inspection Scheduled: 03/06/2023 Status: Canceled Actual Date: 03/06/2023
Comments:

Address: 25088 Hesperian Blvd,
HAYWARD, CA 94545
ICODE-002357-2023
Case Type: Code Enforcement Inspection Scheduled: 03/06/2023 Status: Canceled Actual Date: 03/06/2023
Comments:

Address: 25088 Hesperian Blvd,
HAYWARD, CA 94545
ICODE-004954-2023
Case Type: Code Enforcement Inspection Scheduled: 03/30/2023 Status: Passed Actual Date: 03/30/2023
Comments:

Address: 25088 Hesperian Blvd,
HAYWARD, CA 94545
June 15, 2026 777 B St, Hayward, CA 94541 Page 6 of 6
CASE AND INSPECTION(S) DETAILS (22-0507)
Exhibit II: Case and Inspection Details (CE-22-0507) 12 of 218

CITY OF HAYWARD
CASE AND INSPECTION(S) DETAILS (CE-TRLENF-2025-00085)
Code Case
CE-TRLENF-2025-00085
Case Type: CH- Tobacco Retail Standards Open Date: 11/05/2025 Status: Closed - Resolved Closed Date: 04/14/2026
Description: 2025 Annual TRL Inspection
Parcel: 442-0051-034-00 Main Address: 25088 Hesperian Blvd, Hayward, CA 94545
6 (Fire District)
X (Flood Zone)
Code Enforcement Area: 6 (Code
Enforcement Area: 6)
Zone:

Business Owner/Agent: SMOKEY'S SMOKE SHOP & GIFTS
Property Owner: LUCAS ANSELMO F & CONCEICAO T ETAL
Contacts:

Activity Type Comments User Created On
Citation Issued Tobacco inspections occur annually but can occur at anytime throughout the year. To avoid penalty fees and potentially the revocation of the business license, please ensure that SEC. 10-

1.2780 - TOBACCO RETAIL SALES ESTABLISHMENTS is being
adhered to. Reach out to Code Enforcement at ay time with any questions about tobacco laws.

Jesse Prins 12/01/2025
Inspection On November 17, 2025, I conducted an initial TRL inspection of the business. I entered the store and met with one of the business owners, Haroon. I introduced myself and provided him with my business card.

I began my inspection behind the counter and observed multiple violations, including, but not limited to, flavored tobacco wraps, flavored cigarillos, packaging that did not meet minimum cigarillo standards, and imitation mushroom gummies. I explained each violation to Haroon, and he stated that he understood. I informed him that all identified items must be removed before the next reinspection in a couple of weeks.

A notice will be sent for correction.

Jesse Prins 12/01/2025
On December 10, 2025, I conducted a reinspection for the annual TRL case at this property. At the time of inspection, no prohibited products or packaging were observed in either the front or back areas of the business. All required licenses were current and properly posted.

This case is closed as resolved.

Jesse Prins 04/14/2026
Invoice No. Fee Name Fee Amount Amount Paid
EG25-26377 CE Tobacco Ordinance 1st Offense $1,500.00 $0.00 Total for Invoice Number EG25-26377 $1,500.00
Grand Total for Code Case $1,500.00
Violation Code: HMC SEC. 10-1.2783 - TOBACCO

RETAIL STANDARDS
Violation Status: Resolved Citation Issue Date: 12/01/2025 Compliance Date: 12/10/2025
Code Description: Violation of Tobacco Retail Requirements and Operational Standards Resolved Date: 12/10/2025 Corrective Action: All Tobacco Retail Sales Establishments shall abide all Federal, State and Local requirements and standards to include but not limited to the following identified violations: Please remove all flavored tobacco products (any product that has or advertises a characterizing flavor i.e. sweet, fruity, grape, watermelon, menthol, mint etc.), all cigarillos and wraps that do not contain the minimum amount (5) per pack, and any products that imitate a drug (mushroom gummies).

Attached Images
June 15, 2026 777 B St, Hayward, CA 94541 Page 1 of 3
Exhibit III: Case and Inspection Details (CE-TRLENF-2025-00085) 13 of 218 Photo Taken 11-17-2025 (1).jpg
Photo Taken 11-17-2025 (4).jpg
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Photo Taken 11-17-2025 (2).jpg
Photo Taken 11-17-2025 (5).jpg
Photo Taken 11-17-2025 (8).jpg
Photo Taken 11-17-2025 (3).jpg
Photo Taken 11-17-2025 (6).jpg
June 15, 2026 777 B St, Hayward, CA 94541 Page 2 of 3
CASE AND INSPECTION(S) DETAILS (CE-TRLENF-2025-00085)
Exhibit III: Case and Inspection Details (CE-TRLENF-2025-00085) 14 of 218 Inspection(s)
ICODE-023812-2025
Case Type: Initial Assessment Inspection Scheduled: 11/17/2025 Status: In Violation Actual Date: 11/17/2025
Comments:

Address: 25088 Hesperian Blvd,
Hayward, CA 94545
ICODE-023813-2025
Case Type: Code Enforcement Inspection Scheduled: 12/10/2025 Status: Passed Actual Date: 12/10/2025
Comments:

Address: 25088 Hesperian Blvd,
Hayward, CA 94545
June 15, 2026 777 B St, Hayward, CA 94541 Page 3 of 3
CASE AND INSPECTION(S) DETAILS (CE-TRLENF-2025-00085)
Exhibit III: Case and Inspection Details (CE-TRLENF-2025-00085) 15 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov NOTICE OF VIOLATION - Tobacco Retail License
April 18, 2022

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY, CA 94552
CASE NO: CE-22-0507
LOCATION: 25088 Hesperian
Blvd
APN: 442-0051-034-00
INSPECTION DATE: April 13,
2022
The above property is in a CC-C - Central City Commercial Zoning District. An inspection of the location and/or City records identified the following violation(s) of the Hayward Municipal Code (HMC), which must be corrected before the next compliance date of May 18, 2022 to avoid fees, penalties, and license suspension.

CODE SECTION VIOLATION/CORRECTIVE ACTION
HMC 10-1.2783 NON-COMPLIANCE WITH THE REQUIREMENTS AND OPERATIONAL STANDARDS FOR TOBACCO RETAIL SALES ESTABLISHMENTS.

Corrective Action:

During scheduled inspection please show progress is being made towards compliance.

Failure to comply and satisfactorily eliminate all violations by the next compliance date of May 18, 2022 will result in a penalty fee of $1,500/30-day Tobacco Retail Licensing suspension. Continued violations will result in additional penalty fees and/or other available legal remedies, including revocation of the tobacco retail license and use at this location. Non-payment will result in a lien/special assessment against the property.

You may request an Administrative Hearing within ten (10) calendar days from the date of this letter to dispute the facts of the violations(s) under the Hayward Municipal Code. To request a hearing, please call the inspector at (510) 583-4260 within 10 days from the date of this notice. A $946 hearing fee is required and must be submitted with any hearing request. If you have any questions regarding this notice, please call (510) 583-4260 as soon as possible and prior to next reinspection date. Your cooperation will be greatly appreciated.

AMBER GREEN
Code Enforcement Inspector I
Encl: Fee Inspection Schedule
Cc: OWNER: LUCAS ANSELMO F & CONCEICAO T ETAL, OCCUPANT: SMOKEY'S SMOKE SHOP & GIFTS
Photographs
6/12/26, 11:32 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZ… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZWsu5Tfw0CI_… 1/9 Exhibit IV: Notice of Violation (CE-22-0507) 16 of 218
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D15C125D-7297-4A50-8CE7-E5DBA167E673.jpeg 6CC7128E-B5D3-460A-A1A7-E7E0F1FA2AF3.jpeg 52213D31-C2F5-4F97-BE6E-4261E8694BE1.jpeg AA1F4936-1282-4FCA-9379-D3018A7A19C1.jpeg 6/12/26, 11:32 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZ… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZWsu5Tfw0CI_… 4/9 Exhibit IV: Notice of Violation (CE-22-0507) 19 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF ALAMEDA
I, Amber Green, am over the age of 18 and employed by the City of Hayward, 777, "B" Street, Hayward, Alameda County, California 94541.

On April 18, 2022, I served the following document(s) on the interested parties in this action by sending true copies as shown below for service as designated below:
1) TRL - Notice of Violation, APN: 442-0051-034-00, Case #: CE-22-0507 SERVICE BY U.S. MAIL UNDER THE LAWS OF THE STATE OF CALIFORNIA

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY, CA 94552
I am familiar with this businessâ€™ practice for collection and processing of correspondence for mailing, and that correspondence will be enclosed in a sealed envelope with postage fully prepaid and deposited with the U.S.

Postal Service on the date herein above in the ordinary course of business at Hayward, California.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Executed on April 18, 2022, at Hayward, California.

AMBER GREEN
Code Enforcement Inspector I
6/12/26, 11:32 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZ… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZWsu5Tfw0CI_… 5/9 Exhibit IV: Notice of Violation (CE-22-0507) 20 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov NOTICE OF VIOLATION - Tobacco Retail License
April 18, 2022

SMOKEY'S SMOKE SHOP & GIFTS
25088 Hesperian Blvd
HAYWARD, CA 94545
CASE NO: CE-22-0507
LOCATION: 25088 Hesperian
Blvd
APN: 442-0051-034-00
INSPECTION DATE: April 13,
2022
The above property is in a CC-C - Central City Commercial Zoning District. An inspection of the location and/or City records identified the following violation(s) of the Hayward Municipal Code (HMC), which must be corrected before the next compliance date of May 18, 2022 to avoid fees, penalties, and license suspension.

CODE SECTION VIOLATION/CORRECTIVE ACTION
HMC 10-1.2783 NON-COMPLIANCE WITH THE REQUIREMENTS AND OPERATIONAL STANDARDS FOR TOBACCO RETAIL SALES ESTABLISHMENTS.

Corrective Action:

During scheduled inspection please show progress is being made towards compliance.

AMBER GREEN
Code Enforcement Inspector I
Encl: Fee Inspection Schedule
Cc: OWNER: LUCAS ANSELMO F & CONCEICAO T ETAL, OCCUPANT: SMOKEY'S SMOKE SHOP & GIFTS
Photographs
6/12/26, 11:32 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZ… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZWsu5Tfw0CI_… 6/9 Exhibit IV: Notice of Violation (CE-22-0507) 21 of 218
55EC7CE2-0CC4-42B8-850E-423E4602C64C.jpeg 8BB549D7-D429-4335-BB6A-6AC6A78E08DA.jpeg 900F6B8F-86AE-4192-91AA-E6559872C23C.jpeg D856FEF6-07AD-43EB-AA32-577DBC9C4D60.jpeg 6/12/26, 11:32 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZ… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZWsu5Tfw0CI_… 7/9 Exhibit IV: Notice of Violation (CE-22-0507) 22 of 218
B2D74972-AF5A-4A8B-A301-A984892828AD.jpeg 581C5F9F-B323-4C58-8012-865993245683.jpeg 7F8FE9A8-7138-46F8-995F-E2E7E00AC368.jpeg 4C22FB86-AFA4-47CF-B7DE-BFBF6E2E4BB1.jpeg 6/12/26, 11:32 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZ… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZWsu5Tfw0CI_… 8/9 Exhibit IV: Notice of Violation (CE-22-0507) 23 of 218
D15C125D-7297-4A50-8CE7-E5DBA167E673.jpeg 6CC7128E-B5D3-460A-A1A7-E7E0F1FA2AF3.jpeg 52213D31-C2F5-4F97-BE6E-4261E8694BE1.jpeg AA1F4936-1282-4FCA-9379-D3018A7A19C1.jpeg 6/12/26, 11:32 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZ… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/54521D8C-884C-4027-85A7-B31B36F1D653/6kRAZWsu5Tfw0CI_… 9/9 Exhibit IV: Notice of Violation (CE-22-0507) 24 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov

NOTICE OF VIOLATION
August 12, 2022

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY, CA 94552
CASE NO: CE-22-0507
LOCATION: 25088 Hesperian
Blvd
APN: 442-0051-034-00
INSPECTION DATE: July 6, 2022
The Code Enforcement Division has received information of violation(s) and/or uses present on your property.

Your property is located in a CN - Neighborhood Commercial Zoning District. An inspection of the above referenced property identified the following violations(s) of the Hayward Municipal Code (HMC), California Building Code, and/or other related ordinances. In accordance with HMC Section 5-7.20, violations of adopted codes as identified below are hereby deemed a public nuisance and must be corrected as follows prior to the next compliance date:

CODE SECTION VIOLATION/CORRECTIVE ACTION
HMC 10-1.2783 VIOLATION: POSSIBLE NON-COMPLIANCE WITH THE

REQUIREMENTS AND OPERATIONAL STANDARDS FOR TOBACCO
RETAIL SALES ESTABLISHMENTS. SEC. 10-1.2783 C.It shall be a violation of these regulations for any Tobacco Retailer or any of the Tobacco Retailer's agents or employees to sell or offer for sale, to possess with intent to sell or offer for sale, or exchange for any form of consideration any: 1.Flavored tobacco products, parts, components, or flavored tobacco paraphernalia. 2.Bidis or Beedies products. 3.Electronic smoking devices, electronic nicotine delivery systems (E-cigarettes), vaping devices, including all parts and components.

4.Electronic smoking and vaping products, and vaping paraphernalia, including but not limited to, devices, parts and components, e-liquids, concentrates, waxes, etc. 5.CBD or hemp products, or any products made from, derivative of, or containing any amount of a Cannabis plant intended for human consumption.

Corrective Action: Removal of all products that do not comply with the requirements and operational standards for tobacco retail establishments.

HMC ZONING CODE SEC. 10-1.2782 - DEFINITIONS. For purposes of these regulations, certain words and terms have the following meaning: a."Bidis" (also known as beedies) are defined as products containing tobacco wrapped in leaves of the temburni or tendu plants, or products marketed and sold as "bidis" or "beedies."b."CBD" means cannabidiol, a cannabinoid or chemical compound found in cannabis plant and hemp.c."Cannabis" shall mean as defined in Hayward Municipal Code Section 10-1.3500.d."Cigar" means (i) any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco; or (ii) any paper or wrapper that contains tobacco and is designed for smoking or ingestion of tobacco products. For the purposes of this subsection, "Cigar" includes, but is not limited to, Tobacco Products known or labeled as "cigar," "cigarillo," "tiparillo," "little cigar," "blunt," "blunt wrap," or "cigar wrap."e."Cigarette" 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 1/19 Exhibit V: Notice of Violation (CE-22-0507) 25 of 218
means any roll of tobacco for smoking of any size or shape, made wholly or in part of tobacco and with a wrapper or cover made of paper or any other material. Tobacco wrapped in tobacco or with a cover made mostly of tobacco (for example, cigars) that weighs more than three (3) pounds per thousand (1,000) sticks are not cigarettes and are defined as Tobacco Products.f."Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product, either prior to or during consumption, or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, sweetener, sugar, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.g."Drug Paraphernalia" is as defined in California Health and Safety Code Section 11014.5, as that section may be amended from time to time.h."Electronic Smoking Device" means:1.Any electronic device that delivers a dose of nicotine or other substances to the person inhaling, including but not limited to, electronic nicotine delivery systems (ENDS) as defined under the United States Food and Drug Administration deeming rule, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vapor cigarette, vape pen, personal vaporizers, or any other product name or descriptor.2.Any component, part, or accessory intended or reasonably expected to be used with an electronic smoking device, whether sold separately, including but not limited to coils, batteries, tanks, cartridges, pods, wicks, atomizers, nicotine concentrates, waxes, E-liquids, or other products and parts.i."Flavored Tobacco Product" means any tobacco product (including but not limited to cigarettes) that imparts a characterizing flavor, including but not limited to mint or menthol cigarettes, flavored little cigars, smokeless tobacco, e-cigarettes and vaping devices. Furthermore, there shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees has:1.Made a public statement or claim that the tobacco product has, imparts, or produces a characterizing flavor, including, but not limited to, the explicit or implicit use of text and/or images on the product's labeling or packaging or other advertisement to communicate information about the flavor, taste, or aroma of a tobacco product; and/or

2.Taken actions directed to consumers that would be reasonably expected to result in consumers believing that the tobacco product imparts a characterizing flavor.j."Hemp Blunt Wraps" means a paper or cone-shape wrapper or cover made either in part or wholly from parts of a cannabis plant, also known as, but not limited, CBD blunt wraps.k."Hookah bar" or "hookah lounge" means any facility, building, structure, or location, where customers share tobacco or a similar smoking product from a communal hookah placed throughout the establishment.l."Imitation Tobacco Product" means any edible or non-edible, non-tobacco product designed to resemble a tobacco product that is often intended to be used by children as a toy. Examples of imitation tobacco products include, but are not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling spit tobacco, and shredded beef jerky in containers resembling snuff tins. An electronic smoking device is not an imitation tobacco product. z."Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other items or parts thereof designed or marketed for the smoking, ingestion, preparation, storing, or consumption of tobacco products or other substances.aa."Tobacco Product" means any product containing, made or derived from tobacco or nicotine that is intended for human consumption, 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 2/19 Exhibit V: Notice of Violation (CE-22-0507) 26 of 218
whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. "Tobacco product" includes, but is not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, electronic smoking devices (with or without nicotine), or any component, part, accessory intended or reasonably expected to be used with a Tobacco Product whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose. dd."Vaping device" means as defined in Subsection h. of this section, an electronic smoking device and any device designed to vaporize nicotine or other substances to inhale or exhale vapor, including but not limited to bongs, water pipes, hookah devices, vaporizers, atomizers, bowls, chambers, including any components and substances, or parts thereof. For purposes of these regulations, a vaping device does not include any medically prescribed vaporizer by a licensed physician or practitioner for medical purposes.

A progress check will be conducted on Wednesday September 28, 2022 to ensure measures are being taken place to bring the property into compliance.

A reinspection will be conducted on September 28, 2022 to verify compliance. Failure to comply and satisfactorily eliminate all violations by this date will result in a failed inspection and penalty fee of $1,026.

The City contractor will be ordered to abate all remaining violations on or after this date. The property owner(s) will be billed for all abatement expenses, fees and penalties.Violations of California Building Code Section 105.1 (Permits Required) are subject to an initial 5% code violation fee and two times (2x) the required permit fees in addition to the regular Building Division Permit Fee in accordance with the City of Hayward Master Fee Schedule. To obtain any required building permits, you must present a copy of this Notice of Violation to the Permit Center staff. Note: When applicable the City will communicate with non-profit agencies to refer homeless individuals to services prior to abatement.

Partial compliance or continued violations will result in additional inspection and penalty fees, and/or other available legal remedies. Non-payment will result in a lien/special assessment against the property. A subsequent violation will result in an initial inspection and penalty fee of $1,543.

You may request an Administrative Hearing within ten (10) calendar days from the date of this letter to dispute the facts of the violations(s) under the Hayward Municipal Code. To request a hearing, please call the inspector at (510) 583-4260 within 10 days from the date of this notice. A $946 hearing fee is required and must be submitted with any hearing request. If you have any questions regarding this notice or wish to schedule an alternate reinspection date before further action is taken, please call (510) 583-4260 as soon as possible and prior to next reinspection date. Your cooperation will be greatly appreciated.

AMBER GREEN
Code Enforcement Inspector I
T: (510) 583-4260
E: [email protected]
Encl: Fee Inspection Schedule
Cc: OWNER: LUCAS ANSELMO F & CONCEICAO T ETAL, OCCUPANT: SMOKEY'S SMOKE SHOP & GIFTS
Photographs
6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 3/19 Exhibit V: Notice of Violation (CE-22-0507) 27 of 218
2ED629B4-3EB9-4264-9BB1-E1B22D0709AC.jpeg C68E4F73-FEA8-4082-9016-4D2D81B70714.jpeg 28D9B675-0555-4B52-9699-760404D908E6.jpeg 46524BE8-109D-4600-8A5D-D6F4AE3C161E.jpeg 1FF65CE8-E00E-4FCF-9F9E-BF95414512CA.jpeg 0A8A1009-0DB0-474E-A4F5-2A255F4A880E.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 4/19 Exhibit V: Notice of Violation (CE-22-0507) 28 of 218
066B8806-478F-41BC-A776-DFA5FD78A8C2.jpeg DC1A7A2F-C010-433F-BD40-471BD3F2B0AC.jpeg CFCBC6C8-6AAA-41CC-BE8F-07FF7D271E31.jpeg 2CA5E4DA-62D3-4E39-98B3-3112E6B5EFD1.jpeg FF30DA71-B780-4489-9F03-33FF010B739C.jpeg 6EC45970-E4EA-4BD8-A538-9C1D743AF9E5.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 5/19 Exhibit V: Notice of Violation (CE-22-0507) 29 of 218
30422206-EA53-445E-8A13-8FB29F056D91.jpeg 0C1B78CA-AB59-4800-988C-A656A82303D5.jpeg 909250D8-5A15-4624-A891-C1779D668D9E.jpeg 9B364347-5487-4516-9BA4-C37B35BAABA0.jpeg 3E4088BB-A283-4690-B273-F9397627C964.jpeg 0F303039-DBE0-4154-B9DB-03DB5FFB9530.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 6/19 Exhibit V: Notice of Violation (CE-22-0507) 30 of 218
D9BCBB00-6D6F-48F4-BA61-007BDF4A12B0.jpeg CE3F5210-DBF5-4428-B29D-6C1E3DD21C1D.jpeg 7F7E20A9-6B3F-4A1D-BA0A-4805D6955117.jpeg E1C49813-F405-48D3-8410-EBC0148C4C84.jpeg DE633AAF-B0F1-4C20-82F0-FA544CD650E2.jpeg 03814DBC-274F-4032-97BD-66D70FC48649.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 7/19 Exhibit V: Notice of Violation (CE-22-0507) 31 of 218
5921799C-E299-411F-859C-4BCEF9D43DFF.jpeg 15598EEA-82DC-463D-B314-DD191AD46DB7.jpeg 70C3947D-AE42-44E2-9296-9FCA103DD1FB.jpeg 51EF4C85-C0AF-4AB6-B240-A1D73581D2A0.jpeg E1E4274A-4D3B-49CE-9B18-DBDE12A9A46F.jpeg 5BB33280-3329-439B-8A71-58D56D5C8242.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 8/19 Exhibit V: Notice of Violation (CE-22-0507) 32 of 218
AB2476AD-30F4-492D-AD45-C33C26D147A8.jpeg F1AE849D-41BF-4011-BAE3-598FE091538A.jpeg 22BF19B6-9D71-452A-A783-8149903816CA.jpeg
6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5XO… 9/19 Exhibit V: Notice of Violation (CE-22-0507) 33 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF ALAMEDA
I, Amber Green, am over the age of 18 and employed by the City of Hayward, 777, "B" Street, Hayward, Alameda County, California 94541.

On August 12, 2022, I served the following document(s) on the interested parties in this action by sending true copies as shown below for service as designated below:
1) Notice of Violation, APN: 442-0051-034-00, Case #: CE-22-0507 2) Code Enforcement Fee and Penalty Schedule
SERVICE BY U.S. MAIL UNDER THE LAWS OF THE STATE OF CALIFORNIA

Postal Service on the date herein above in the ordinary course of business at Hayward, California.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Executed on August 12, 2022, at Hayward, California.

AMBER GREEN
Code Enforcement Inspector I
6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 10/19 Exhibit V: Notice of Violation (CE-22-0507) 34 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov

NOTICE OF VIOLATION
August 12, 2022

SMOKEY'S SMOKE SHOP & GIFTS
25088 Hesperian Blvd
HAYWARD, CA 94545
CASE NO: CE-22-0507
LOCATION: 25088 Hesperian
Blvd
APN: 442-0051-034-00
INSPECTION DATE: July 6, 2022
The Code Enforcement Division has received information of violation(s) and/or uses present on your property.

CODE SECTION VIOLATION/CORRECTIVE ACTION
HMC 10-1.2783 VIOLATION: POSSIBLE NON-COMPLIANCE WITH THE

Corrective Action: Removal of all products that do not comply with the requirements and operational standards for tobacco retail establishments.

HMC ZONING CODE SEC. 10-1.2782 - DEFINITIONS. For purposes of these regulations, certain words and terms have the following meaning: a."Bidis" (also known as beedies) are defined as products containing tobacco wrapped in leaves of the temburni or tendu plants, or products marketed and sold as "bidis" or "beedies."b."CBD" means cannabidiol, a cannabinoid or chemical compound found in cannabis plant and hemp.c."Cannabis" shall mean as defined in Hayward Municipal Code Section 10-1.3500.d."Cigar" means (i) any roll of tobacco wrapped entirely or in part in tobacco or in any substance containing tobacco; or (ii) any paper or wrapper that contains tobacco and is designed for smoking or ingestion of tobacco products. For the purposes of this subsection, "Cigar" includes, but is not limited to, Tobacco Products known or labeled as "cigar," "cigarillo," "tiparillo," "little cigar," "blunt," "blunt wrap," or "cigar wrap."e."Cigarette" means any roll of tobacco for smoking of any size or shape, made wholly or in 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 11/19 Exhibit V: Notice of Violation (CE-22-0507) 35 of 218
part of tobacco and with a wrapper or cover made of paper or any other material. Tobacco wrapped in tobacco or with a cover made mostly of tobacco (for example, cigars) that weighs more than three (3) pounds per thousand (1,000) sticks are not cigarettes and are defined as Tobacco Products.f."Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product, either prior to or during consumption, or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, sweetener, sugar, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.g."Drug Paraphernalia" is as defined in California Health and Safety Code Section 11014.5, as that section may be amended from time to time.h."Electronic Smoking Device" means:1.Any electronic device that delivers a dose of nicotine or other substances to the person inhaling, including but not limited to, electronic nicotine delivery systems (ENDS) as defined under the United States Food and Drug Administration deeming rule, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vapor cigarette, vape pen, personal vaporizers, or any other product name or descriptor.2.Any component, part, or accessory intended or reasonably expected to be used with an electronic smoking device, whether sold separately, including but not limited to coils, batteries, tanks, cartridges, pods, wicks, atomizers, nicotine concentrates, waxes, E-liquids, or other products and parts.i."Flavored Tobacco Product" means any tobacco product (including but not limited to cigarettes) that imparts a characterizing flavor, including but not limited to mint or menthol cigarettes, flavored little cigars, smokeless tobacco, e-cigarettes and vaping devices. Furthermore, there shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees has:1.Made a public statement or claim that the tobacco product has, imparts, or produces a characterizing flavor, including, but not limited to, the explicit or implicit use of text and/or images on the product's labeling or packaging or other advertisement to communicate information about the flavor, taste, or aroma of a tobacco product; and/or

2.Taken actions directed to consumers that would be reasonably expected to result in consumers believing that the tobacco product imparts a characterizing flavor.j."Hemp Blunt Wraps" means a paper or cone-shape wrapper or cover made either in part or wholly from parts of a cannabis plant, also known as, but not limited, CBD blunt wraps.k."Hookah bar" or "hookah lounge" means any facility, building, structure, or location, where customers share tobacco or a similar smoking product from a communal hookah placed throughout the establishment.l."Imitation Tobacco Product" means any edible or non-edible, non-tobacco product designed to resemble a tobacco product that is often intended to be used by children as a toy. Examples of imitation tobacco products include, but are not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling spit tobacco, and shredded beef jerky in containers resembling snuff tins. An electronic smoking device is not an imitation tobacco product. z."Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other items or parts thereof designed or marketed for the smoking, ingestion, preparation, storing, or consumption of tobacco products or other substances.aa."Tobacco Product" means any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 12/19 Exhibit V: Notice of Violation (CE-22-0507) 36 of 218
or ingested by any other means. "Tobacco product" includes, but is not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, electronic smoking devices (with or without nicotine), or any component, part, accessory intended or reasonably expected to be used with a Tobacco Product whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose. dd."Vaping device" means as defined in Subsection h. of this section, an electronic smoking device and any device designed to vaporize nicotine or other substances to inhale or exhale vapor, including but not limited to bongs, water pipes, hookah devices, vaporizers, atomizers, bowls, chambers, including any components and substances, or parts thereof. For purposes of these regulations, a vaping device does not include any medically prescribed vaporizer by a licensed physician or practitioner for medical purposes.

A progress check will be conducted on Wednesday September 28, 2022 to ensure measures are being taken place to bring the property into compliance.

You may request an Administrative Hearing within ten (10) calendar days from the date of this letter to dispute the facts of the violations(s) under the Hayward Municipal Code. To request a hearing, please call the inspector at (510) 583-4260 within 10 days from the date of this notice. A $946 hearing fee is required and must be submitted with any hearing request. If you have any questions regarding this notice or wish to schedule an alternate reinspection date before further action is taken, please call (510) 583-4260 as soon as possible and prior to next reinspection date. Your cooperation will be greatly appreciated.

AMBER GREEN
Code Enforcement Inspector I
T: (510) 583-4260
E: [email protected]
Encl: Fee Inspection Schedule
Cc: OWNER: LUCAS ANSELMO F & CONCEICAO T ETAL, OCCUPANT: SMOKEY'S SMOKE SHOP & GIFTS
Photographs
6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 13/19 Exhibit V: Notice of Violation (CE-22-0507) 37 of 218
2ED629B4-3EB9-4264-9BB1-E1B22D0709AC.jpeg C68E4F73-FEA8-4082-9016-4D2D81B70714.jpeg 28D9B675-0555-4B52-9699-760404D908E6.jpeg 46524BE8-109D-4600-8A5D-D6F4AE3C161E.jpeg 1FF65CE8-E00E-4FCF-9F9E-BF95414512CA.jpeg 0A8A1009-0DB0-474E-A4F5-2A255F4A880E.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 14/19 Exhibit V: Notice of Violation (CE-22-0507) 38 of 218
066B8806-478F-41BC-A776-DFA5FD78A8C2.jpeg DC1A7A2F-C010-433F-BD40-471BD3F2B0AC.jpeg CFCBC6C8-6AAA-41CC-BE8F-07FF7D271E31.jpeg 2CA5E4DA-62D3-4E39-98B3-3112E6B5EFD1.jpeg FF30DA71-B780-4489-9F03-33FF010B739C.jpeg 6EC45970-E4EA-4BD8-A538-9C1D743AF9E5.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 15/19 Exhibit V: Notice of Violation (CE-22-0507) 39 of 218
30422206-EA53-445E-8A13-8FB29F056D91.jpeg 0C1B78CA-AB59-4800-988C-A656A82303D5.jpeg 909250D8-5A15-4624-A891-C1779D668D9E.jpeg 9B364347-5487-4516-9BA4-C37B35BAABA0.jpeg 3E4088BB-A283-4690-B273-F9397627C964.jpeg 0F303039-DBE0-4154-B9DB-03DB5FFB9530.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 16/19 Exhibit V: Notice of Violation (CE-22-0507) 40 of 218
D9BCBB00-6D6F-48F4-BA61-007BDF4A12B0.jpeg CE3F5210-DBF5-4428-B29D-6C1E3DD21C1D.jpeg 7F7E20A9-6B3F-4A1D-BA0A-4805D6955117.jpeg E1C49813-F405-48D3-8410-EBC0148C4C84.jpeg DE633AAF-B0F1-4C20-82F0-FA544CD650E2.jpeg 03814DBC-274F-4032-97BD-66D70FC48649.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 17/19 Exhibit V: Notice of Violation (CE-22-0507) 41 of 218
5921799C-E299-411F-859C-4BCEF9D43DFF.jpeg 15598EEA-82DC-463D-B314-DD191AD46DB7.jpeg 70C3947D-AE42-44E2-9296-9FCA103DD1FB.jpeg 51EF4C85-C0AF-4AB6-B240-A1D73581D2A0.jpeg E1E4274A-4D3B-49CE-9B18-DBDE12A9A46F.jpeg 5BB33280-3329-439B-8A71-58D56D5C8242.jpeg 6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 18/19 Exhibit V: Notice of Violation (CE-22-0507) 42 of 218
AB2476AD-30F4-492D-AD45-C33C26D147A8.jpeg F1AE849D-41BF-4011-BAE3-598FE091538A.jpeg 22BF19B6-9D71-452A-A783-8149903816CA.jpeg
6/12/26, 11:33 AM haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWI… https://haywardca-energovapi.tylerhost.net/apps/energovwebapi/api/chunk/fileview/77357522-C7AD-4CF6-B346-D64302FED3CE/QtJWIwGjomI5X… 19/19 Exhibit V: Notice of Violation (CE-22-0507) 43 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov NOTICE OF VIOLATION - Tobacco Retail License
October 13, 2022

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY, CA 94552
CASE NO: CE-22-0507
LOCATION: 25088 Hesperian Blvd
APN: 442-0051-034-00
INSPECTION DATE: August 15,
2022
The above property is in a CC-C - Central City Commercial Zoning District. An inspection of the location and/or City records identified the following violation(s) of the Hayward Municipal Code (HMC), which must be corrected before the next compliance date of November 16, 2022 to avoid fees, penalties, and license suspension.

CODE SECTION VIOLATION/CORRECTIVE ACTION
HMC 10-1.2783 VIOLATION: POSSIBLE NON-COMPLIANCE WITH THE

2.Electronic smoking devices, electronic nicotine delivery systems (Ecigarettes), vaping devices, including all parts and components to include but not limited to: Inspector observed during inspection "PAX", "Exus", "Vaped Vano", "Volcano", etc.

3.Electronic smoking and vaping products, and vaping paraphernalia, including but not limited to, devices, parts and components, e-liquids, concentrates, waxes, etc to include but not limited to: Inspector observed during inspection "Carta", "G", "Backwoods", etc.

Corrective Action: Removal of all products that do not comply with the requirements and operational standards for tobacco retail establishments.

A progress check will be conducted on Wednesday November 16, 2022 to ensure measures are being taken place to bring the property into compliance.

Exhibit VI: Notice of Violation (CE-22-0507) 44 of 218
Failure to comply and satisfactorily eliminate all violations by the next compliance date of November 16, 2022 will result in a penalty fee of $1,500/30-day Tobacco Retail Licensing suspension. Continued violations will result in additional penalty fees and/or other available legal remedies, including revocation of the tobacco retail license and use at this location. Non-payment will result in a lien/special assessment against the property.

AMBER GREEN
Code Enforcement Inspector I
Encl: Fee Inspection Schedule
Cc: OWNER: LUCAS ANSELMO F & CONCEICAO T ETAL, OCCUPANT: SMOKEY'S SMOKE SHOP & GIFTS
Photographs
Beverages Hemp2o - Hemp Beverage
Exhibit VI: Notice of Violation (CE-22-0507) 45 of 218
Flavored and Hemp Products Hemp Products
Flavored Products Flavored Products
Exhibit VI: Notice of Violation (CE-22-0507) 46 of 218
CBD Products CBD Products
Vape Products Vape Products
Exhibit VI: Notice of Violation (CE-22-0507) 47 of 218
Vape Products Vape Products
CBD Products
Exhibit VI: Notice of Violation (CE-22-0507) 48 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF ALAMEDA
I, Amber Green, am over the age of 18 and employed by the City of Hayward, 777, "B" Street, Hayward, Alameda County, California 94541.

On October 13, 2022, I served the following document(s) on the interested parties in this action by sending true copies as shown below for service as designated below:
1) TRL - Notice of Violation, APN: 442-0051-034-00, Case #: CE-22-0507 SERVICE BY U.S. MAIL UNDER THE LAWS OF THE STATE OF CALIFORNIA

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY, CA 94552
I am familiar with this business’ practice for collection and processing of correspondence for mailing, and that correspondence will be enclosed in a sealed envelope with postage fully prepaid and deposited with the U.S.

Postal Service on the date herein above in the ordinary course of business at Hayward, California.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Executed on October 13, 2022, at Hayward, California.

AMBER GREEN
Code Enforcement Inspector I
Exhibit VI: Notice of Violation (CE-22-0507) 49 of 218

CITY OF HAYWARD

DEVELOPMENT SERVICES DEPARTMENT

CODE ENFORCEMENT DIVISION
777 B Street, Hayward, CA 94541-5007
(510)583-4143 - Fax: (510)583-4994 - www.hayward-ca.gov NOTICE OF VIOLATION - Tobacco Retail License
October 13, 2022

SMOKEY'S SMOKE SHOP & GIFTS
25088 Hesperian Blvd
HAYWARD, CA 94545
CASE NO: CE-22-0507
LOCATION: 25088 Hesperian Blvd
APN: 442-0051-034-00
INSPECTION DATE: August 15,
2022
The above property is in a CC-C - Central City Commercial Zoning District. An inspection of the location and/or City records identified the following violation(s) of the Hayward Municipal Code (HMC), which must be corrected before the next compliance date of November 16, 2022 to avoid fees, penalties, and license suspension.

CODE SECTION VIOLATION/CORRECTIVE ACTION
HMC 10-1.2783 VIOLATION: POSSIBLE NON-COMPLIANCE WITH THE

Corrective Action: Removal of all products that do not comply with the requirements and operational standards for tobacco retail establishments.

A progress check will be conducted on Wednesday November 16, 2022 to ensure measures are being taken place to bring the property into compliance.

Exhibit VI: Notice of Violation (CE-22-0507) 50 of 218
Failure to comply and satisfactorily eliminate all violations by the next compliance date of November 16, 2022 will result in a penalty fee of $1,500/30-day Tobacco Retail Licensing suspension. Continued violations will result in additional penalty fees and/or other available legal remedies, including revocation of the tobacco retail license and use at this location. Non-payment will result in a lien/special assessment against the property.

AMBER GREEN
Code Enforcement Inspector I
Encl: Fee Inspection Schedule
Cc: OWNER: LUCAS ANSELMO F & CONCEICAO T ETAL, OCCUPANT: SMOKEY'S SMOKE SHOP & GIFTS
Photographs
Beverages Hemp2o - Hemp Beverage
Exhibit VI: Notice of Violation (CE-22-0507) 51 of 218
Flavored and Hemp Products Hemp Products
Flavored Products Flavored Products
Exhibit VI: Notice of Violation (CE-22-0507) 52 of 218
CBD Products CBD Products
Vape Products Vape Products
Exhibit VI: Notice of Violation (CE-22-0507) 53 of 218
Vape Products Vape Products
CBD Products
Exhibit VI: Notice of Violation (CE-22-0507) 54 of 218
Violation
Notice
Case Number: 22-0507
Date Case Established: 03/28/2022
Compliance Deadline: 03/06/2023

CITY OF HAYWARD
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Case Type: CH- Tobacco Retail Standards
Last Inspection Date:

NOV-001150-2023
Property Owner: LUCAS ANSELMO F & CONCEICAO T ETAL
Mailing Address

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY , CA 94552
Property Location: Parcel
An inspection of the property identified the following violations(s) of the Hayward Municipal Code (HMC), California Health and Safety Code (CHS), California Building Code (CBC), and/or other adopted codes or related ordinances.

Violations of adopted codes as identified below are hereby deemed a public nuisance and must be corrected as follows prior to the next compliance date.

Please note: Failure to resolve violations by the compliance deadline as listed above may result in penalties and fees pursuant to the current City of Hayward Master Fee schedule. 25088 Hesperian Blvd
HAYWARD, CA 94545
442-0051-034-00
Violation: HMC SEC. 10-1.2783 - TOBACCO RETAIL STANDARDS - Violation of Tobacco Retail Requirements and Operational Standards
Tobacco Retail License
Corrective Action: VIOLATION: NON-COMPLIANCE WITH THE REQUIREMENTS AND OPERATIONAL STANDARDS FOR TOBACCO RETAIL SALES ESTABLISHMENTS.

Corrective Action: Removal of all products that do not comply with the requirements and operational standards for tobacco retail establishments.

Unit: Area: Compliance Date: 03/06/2023
Printed: 2/9/23 Page 1 of 4
Exhibit VII: Notice of Violation (CE-22-0507) 55 of 218 Violation
Notice
Case Number: 22-0507
Date Case Established: 03/28/2022
Compliance Deadline: 03/06/2023

NOV-001150-2023
You may request an Administrative Hearing within ten (10) calendar days from the date of this letter to dispute the facts of the violations(s) under the Hayward Municipal Code. To request a hearing, please call the inspector at (510) 583-4172 within 10 days from the date of this notice. A $946 hearing fee is required and must be submitted with any hearing request. If you have any questions regarding this notice or wish to schedule an alternate reinspection date before further action is taken, please call (510) 583-4172 as soon as possible and prior to next reinspection date.

Your cooperation will be greatly appreciated.

A reinspection will be conducted on March 06, 2023 to verify compliance. Failure to comply and satisfactorily eliminate all violations by this date will result in a failed inspection and penalty fees in accordance with the City of Hayward Master Fee Schedule. The City contractor will be ordered to abate all remaining violations on or after this date. The property owner(s) will be billed for all abatement expenses, fees and penalties. Note: When applicable the City will communicate with non-profit agencies to refer homeless individuals to services prior to abatement.

Printed: 2/9/23 Page 2 of 4
Exhibit VII: Notice of Violation (CE-22-0507) 56 of 218 Violation
Notice
Case Number: 22-0507
Date Case Established: 03/28/2022
Compliance Deadline: 03/06/2023

NOV-001150-2023
Partial compliance or continued violations will result in additional inspection and penalty fees, and/or other available legal remedies. If the violations are abated by the City, the property owner(s) will be billed for all abatement expenses, fees and penalties. Non-payment will result in a lien/special assessment against the property.

Egregious Violation Penalties: Tier 1: $1,500 for first verified violation; Tier 2: $3,000 for second verified violation; and Tier 3: $5,000 for third and subsequent verified violation(s).

Vacant Property Ordinance Fees: Registration: $2,550; Inspection Fees with Violations: Initial Inspection: $1,500; 2nd Reinspection with violations: $3,000; 3rd and Subsequent Reinspections with Violations: $5,000; Reinspections with No Violations Found: $500; Inspections greater than 3 hours: $200/hour in addition to other applicable inspection fees.

Violations of California Building Code Section 105.1, and California Residential Code R105.1; Permits Required, are subject to an initial 5% code violation fee and two times (2x) the required permit fees in addition to the regular Building Division Permit Fee in accordance with the City of Hayward Master Fee Schedule.

Identified unsafe conditions resulting in posting of Placards for Condemnation will incur a posting fee of $ 164/hour in accordance with the Master Fee Schedule.

Violation(s) of Hayward Municipal Code Section 10-8.10, Grading/Clearing Permit Required, are subject to A $2,000 code enforcement investigation fee and an initial $125 illegal project fee in addition to any applicable violation inspection and penalty fees in accordance with the Master Fee Schedule.

In accordance with Sections 17274 and 24436.5 of the Revenue and Taxation Code, certain tax deductions may not be allowed in the taxable year for nuisance violations pertaining to substandard housing in the State of California.

HAYWARD MUNICIPAL CODE & OTHER CODE SECTIONS: Copies of the Hayward Municipal Code sections are available for review in the City Clerk's Office or via the internet by accessing the City's website at: www.hayward-ca.gov and searching for "Hayward Municipal Code". To view other department information, search for "Code Enforcement Division".

Sincerely,
Amber Green
Code Enforcement Inspector I
510-583-4260
[email protected]
Printed: 2/9/23 Page 3 of 4
Exhibit VII: Notice of Violation (CE-22-0507) 57 of 218 Violation
Notice
Case Number: 22-0507
Date Case Established: 03/28/2022
Compliance Deadline: 03/06/2023

NOV-001150-2023

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF ALAMEDA
I, Amber Green, am over the age of 18 and employed by the City of Hayward, 777, "B" Street, Hayward, Alameda County, California 94541.

On February 9, 2023, I served the following document(s) on the interested parties in this action by sending true copies as shown below for service as designated below:
1) Letter to Owner, APN:442-0051-034-00 , Case #: 22-0507 SERVICE BY U.S. MAIL UNDER THE LAWS OF THE STATE OF CALIFORNIA

LUCAS ANSELMO F & CONCEICAO T ETAL
25088 Hesperian Blvd
HAYWARD, CA 94545
I am familiar with this business’ practice for collection and processing of correspondence for mailing, and that correspondence will be enclosed in a sealed envelope with postage fully prepaid and deposited with the U .S. Postal Service on the date herein above in the ordinary course of business at Hayward, California.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Executed on February 9, 2023, at Hayward, California.

Amber Green
Code Enforcement Inspector I
Printed: 2/9/23 Page 4 of 4
Exhibit VII: Notice of Violation (CE-22-0507) 58 of 218 -1-
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LANCE BAYER
Attorney at Law
State Bar No. 81549
Administrative Hearing Officer
c/o Development Services Department
Code Enforcement Division
City of Hayward
777 B Street
Hayward, CA 94541

ADMINISTRATIVE HEARINGS

CITY OF HAYWARD, CALIFORNIA
IN THE MATTER OF Case Number: CE-22-0507
SNA TRADING INC. DBA SMOKEY’S

SMOKE SHIP & GIFTS,

ADMINISTRATIVE DECISION
Respondent.
_______________________________/
I

STATEMENT OF THE CASE
Due notice having been given, this matter came on regularly for hearing before Administrative Hearing Officer Lance Bayer, and was heard on February 2, 2023, at Hayward City Hall, 777 B Street, Hayward.

Respondent was represented by attorney James Anthony, Esq.

The City of Hayward (“City”) was represented by Deputy City Attorney Amy S. Rothman, Esq.

Haroon Ahmed appeared on behalf of Respondent.

Code Enforcement Inspector Amber Green and Code Enforcement Division Manager Exhibit VIII: Appeal Decision (CE-22-0507) 59 of 218
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Phillip Nichols appeared on behalf of City.

The hearing was held pursuant to City Municipal Code Section 1-7.09,01.b.2: “A violator has the right to appeal both the City's initial determination that he or she has violated an ordinance, and amount of the penalty imposed by the City.”
The “Notice of Violation- Tobacco Retail License” dated October 13, 2022 alleged a violation of the Hayward Municipal Code(“HMC”) Section 10-1.2783 pertaining to compliance with the requirements and operational standards for tobacco retail sales establishments occurred at 25088 Hesperian Boulevard, Hayward. The notice alleged that Respondent was a tobacco retailer and sold or offered for sale, possessed with intent to sell or offer for sale, or exchanged for any form of consideration: 1.Flavored tobacco products, parts, components, or flavored tobacco paraphernalia; 2..Electronic smoking devices, electronic nicotine delivery systems (E-cigarettes), vaping devices, including all parts and components; 3.Electronic smoking and vaping products, and vaping paraphernalia, including but not limited to, devices, parts and components, e-liquids, concentrates, waxes, etc.; and 4.CBD or hemp products, or any products made from, derivative of, or containing any amount of a Cannabis plant intended for human consumption.

Respondent requested a hearing in a timely manner and submitted the hearing fee of $946.00.

In addition to contesting the determination that they violated the code section, Respondent asserted: (1) The ordinance does not apply to them due to the business constituting a legal, nonconforming use; (2) The ordinance is unconstitutional as vague; and (3) In the event the hearing officer finds against Respondent, that the hearing officer order a stay to seek relief in the courts.

The hearing officer ruled as follows: (1) The hearing officer will hear and consider evidence regarding whether the ordinance does not apply to Respondent due to the business constituting a legal, non-conforming use, as that issue constitutes an affirmative defense; (2) The Exhibit VIII: Appeal Decision (CE-22-0507) 60 of 218
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hearing officer will not hear evidence regarding the constitutionality of the ordinance on the ground that the issue is beyond the scope of the administrative hearing; and (3) The request for a stay of the hearing officer’s order is denied.

Respondent’s request to have witnesses sworn was denied. The administrative hearing is an informal proceeding and does not require witnesses to be sworn.

WITNESSES AND EVIDENCE
Hayward Code Enforcement Inspector Amber Green testified on behalf of the City.

Haroon Ahmed testified on behalf of Respondent.

The City submitted the following exhibits, which were received as evidence:

1. Exhibit 1—City’s brief, with exhibits including: staff report with photographs, notice of violation dated April 18, 2022 with photographs, courtesy notice dated July 4, 2022, notice of violation dated August 12, 2022 with photographs, notice of violation dated October 13, 2022 with photographs, notice of hearing dated January 12, 2023, email from Amy Rothman to James Anthony dated December 21, 2022 including string of previous emails, notice of hearing dated December 7, 2022, notice of hearing dated November 16, 2022, request for hearing dated October 24, 2022 including copy of check for $946.00.

2. Exhibit 2—“New Tobacco Products Sales Law” flyer.

City’s Exhibit 1 was admitted over Respondent’s objection. City’s Exhibit 2 was admitted without objection.

Respondent submitted the following exhibit, which was received in evidence without objection:

1. Exhibit 1—Appeal Brief with exhibits including notice of violation dated October 13, Exhibit VIII: Appeal Decision (CE-22-0507) 61 of 218
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2022 and ordinance #20-13.

III

FINDINGS OF FACT AND LAW

1. At all relevant times, Respondent was tobacco retail sales establishment doing business at 25088 Hesperian Boulevard, Hayward.

2. Respondent was responsible for compliance with the relevant provisions of the Hayward Municipal Code.

3. The City presented sufficient evidence to establish by a preponderance of the evidence that on the date and at the location alleged Respondent was in violation of HMC section 10-1.2783 as to each of the four subsections alleged. Further, proof of any of the four subsections is sufficient to establish violation of the code section.

4. Respondent’s affirmative defense that the City was barred from enforcement against them because the business was a legal, non-conforming use is without merit. Based on the language of the ordinance, and regardless of the placement of the ordinance in the zoning provisions of the Hayward Municipal Code, the tobacco retail establishment sales provisions of the code are a hybrid and serve two different purposes. One purpose of the provisions pertains to land use, which is not at issue in the present case. The other purpose of the provisions pertains to business regulation. The City’s business regulation purpose is at issue in the present case.

Business regulations are not subject to the legal, non-conforming use analysis.

DETERMINATION OF ISSUES

1. By reason of the foregoing Findings of Facts:
(a) The City has met its burden of establishing by a preponderance of the evidence that Respondent violated HMC section 10-1.2783 as alleged. Respondent’s affirmative defense Exhibit VIII: Appeal Decision (CE-22-0507) 62 of 218
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based on a legal, non-conforming use analysis is not persuasive.

V
ORDERS

1. The allegation that Respondent violated HMC Section 10-1.2783 and was in violation of those sections on the date alleged is found to be TRUE.

2. The administrative hearing fee of $946 is upheld and shall be paid by Respondent to the City within 30 days from the date of this Order unless previously paid.

3. By stipulation of the parties, this decision is submitted within 30 days of the date of the hearing.

4. This decision is effective and final on the date below.

Dated: February 28, 2023

LANCE BAYER
Administrative Hearing Officer
This decision is subject to judicial review. To obtain judicial review of this decision a petition for writ of mandate must be filed in the superior court pursuant to California Code of Civil Procedure Section 1094.6 within 90 days after the service of this decision.

Exhibit VIII: Appeal Decision (CE-22-0507) 63 of 218
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James M. Anthony (203150)
[email protected]
Drew M. Sanchez (277163)
[email protected]

ANTHONY LAW GROUP, PC
600 Grand Avenue, Unit 204
Oakland, CA 94610
(t): 510-842-3553
(f): 510-283-0186
Attorneys for Appellant
SNA TRADING INC. dba SMOKEY’S SMOKE SHOP & GIFTS

ADMINISTRATIVE HEARING
SNA TRADING, INC. dba SMOKEY’S

SMOKE SHOP & GIFTS,

Appellant,
vs.

HAYWARD CODE ENFORCEMENT,
Appellee.

Citation No. CE-22-0507

ADMINISTRATIVE HEARING

APPEAL BRIEF OF SNA TRADING,
INC. DBA SMOKEY’S SMOKE SHOP &

GIFTS ADMINISTRATIVE APPEAL OF
CITATION NO. CE-22-0507
Date: February 2, 2023
Time: 2:00 pm
Location: Permit Center
I. As an Initial Matter: The Hearing Office Has the Power to Hear Arguments both Factual and Legal.

The California Supreme Court has held that procedural due process requires that adjudicatory or quasi-judicial actions taken by a municipality must be supported by factual and legal findings. Topanga Association for a Scenic Community v. County of Los Angeles (1974) 11 Cal.3d 506, 515.

Thus, the independent Hearing Office sitting in a quasi-judicial capacity has inherent power to decide questions of law and of fact to compose those findings.

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This due process requirement applies despite the City’s claim that the Hayward Municipal Code (HMC) says otherwise. And the section cited by the City at line 7, page 2 of its Code Enforcement Brief merely specifies the scope of the hearing without explicitly limiting the Hearing Officer’s jurisdictional powers. HMC § 1-7.01(b)(2). Even if it did facially limit due process, it cannot effectively do so. The Hearing Officer has the power to hear and decide legal issues.

Additionally, Appellant contests and refutes the City’s factual allegations—which the City says is all it can do by this appeal. Such factual refutation is detailed below and will be further detailed at hearing.

II. Introduction.

The Appellant corporation, SNA Trading is a small business with a single owner, Haroon Ahmed, and four employees. Mr. Ahmed opened the business at this location in 2011. At that time, no Conditional Use Permit was required and the tobacco retail use was legal. Thus, Mr. Ahmed’s business at the location enjoys prior legal non-conforming status. Since then, the City has made major amendments to its tobacco regulations in its Planning Code at least twice: in 2014 and most recently in 2020.

The 2020 changes are vague and confusing. Even the City is struggling to define what is and is not prohibited at this point. And recent changes in state law coming after these alleged City violations are initially only confusing things. Some of the prohibitions are identical in language, yet are yielding different results. Mr. Ahmed wants to comply with current law, but has yet to receive clear guidance from the City. Whatever the results of this appeal hearing, he looks forward to increased clarity going forward, so that he can operate his business in a straightforward and compliant manner.

The legal and factual issues at hand break into two broad product categories, purportedly prohibited and factually violated:

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1) The “Flavored Tobacco Product” Category (HMC 10-1.2783(c)(1)/NOV Allegation 1).

Factual issues in this category include definitional issues of what is and is not included: what products are “flavored” and which are not flavored or “regular.” The City’s new law—and for that matter, the state’s as well—makes it difficult to find the boundary between flavored and regular.

Meanwhile the state law is being implemented with some statewide uniformity by the tobacco distributors who are simply not offering products to their retailer customers that violate the state law. In some cases, identical language in the Hayward ban and the State ban are being applied to the same product differently.

Thus, while the City may claim that it’s Notice of Violation “proves” violations in this category, it does not. As detailed below, its allegations and evidence remain vague and do not “bridge the analytic gap between the raw evidence and the ultimate decision or order” as required by procedural due process. Topanga, supra, at 515.

Legal issues in this category include Mr. Ahmed’s prior legal nonconforming right to sell the products legal under state and local law at the time that he commenced operation in 2011 with the City’s approval.
2) The “Non-Tobacco/Non-Nicotine Products Related to Cannabis, Hemp, and CBD” Products Category (HMC 10-1.2783(c)(3)-(5)/NOV Allegations 2-4).

Factual issues in this category include definitional issues of what is and is not included.

However, it is the legal issues that are most pronounced in this category as argued below.

III. Mr. Ahmed Contests the Factual Allegations: The City Has Not Met its Burden of Proof for the Alleged Factual Violations.

In its 10/13/22 Notice of Violation (Attached with annotations as Appellant’s Exhibit 1), the City alleges violation of Hayward Municipal Code (HMC) section 10-1.2783(c), specifying four of its five subsections and listing the names of products that the inspector observed during inspection. We take up each of the four sections in turn.

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NOV ALLEGATION 1:
[1.] Flavored tobacco products, parts, components, or flavored tobacco paraphernalia to include but not limited to: Inspector observed during inspection "Real Leaf Rolls", "Wraps", "ZYN", "Backwoods", etc.

The City Has Not Specifically Alleged How the Observed Products Meet the HMC’s Complex Definition of “Flavored Tobacco Products.”
Assuming, arguendo, that this law constitutionally applies to Appellant (see Legal Argument, infra, for constitutional argument that it does not), the City has not made factual allegations here sufficient to meet its legal definitions of the operant terms as found at HMC 10-1.2782(i) and (f):
“(i) "Flavored Tobacco Product" means any tobacco product (including but not limited to cigarettes) that imparts a characterizing flavor, including but not limited to mint or menthol cigarettes, flavored little cigars, smokeless tobacco, e-cigarettes and vaping devices.” Furthermore, there shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees has:

1. Made a public statement or claim that the tobacco product has, imparts, or produces a characterizing flavor, including, but not limited to, the explicit or implicit use of text and/or images on the product's labeling or packaging or other advertisement to communicate information about the flavor, taste, or aroma of a tobacco product; and/or

2. Taken actions directed to consumers that would be reasonably expected to result in consumers believing that the tobacco product imparts a characterizing flavor.” (Emphases added.) “(f) "Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product, either prior to or during consumption, or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, Exhibit VIII: Appeal Decision (CE-22-0507) 71 of 218
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sweetener, sugar, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.” (Emphases added.)
To meet this definition, the City must prove that the allegedly “flavored” product “imparts a characterizing flavor” (HMC 10-1.2782(i)) “other than the taste or aroma of tobacco” (HMC 10-

1.2782(f)). Or to raise the rebuttable presumption of such, the City must show that the manufacturer publicly stated or claimed such characterizing flavor, including possibly by “explicit or implicit” use of text, images, labelling, packaging, or advertising to communicate about flavor.

Both the definition and the presumption are so vague and confusing as to raise the possibility that all tobacco products might be considered flavored based on implicit images, and therefore illegal. Presumably the point of singling out some tobacco products as flavored is that some are not flavored or “regular.” This process of distinguishing flavored from regular is still being sorted out, leaving Mr. Ahmed without clear notice of what is and is not a violation.

The only information the City provides to meet this nebulous definition is a list of product names that the Inspector observed: “"Real Leaf Rolls", "Wraps", "ZYN", "Backwoods", etc.” None of these names give the impression of any characterizing flavor. There is certainly no mention of mint or menthol.

Mr. Ahmed has the following understanding of these specific product names:
"Real Leaf Rolls" are unknown, not currently or previously in his inventory, and do not appear in the City’s photos.
"Wraps" are a generic term for coverings to make hold smokeable materials together, which do not necessarily contain either tobacco or flavoring. "ZYN" is a brand name for a tobacco product that is now only available in a regular unflavored version, as California tobacco distributors only provide regular unflavored tobacco Exhibit VIII: Appeal Decision (CE-22-0507) 72 of 218
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products now. Mr. Ahmed now carries only regular unflavored tobacco products to the extent that he understands current state and local law.
"Backwoods" is likewise a brand name for a tobacco product that is now only available in a regular unflavored version as California tobacco distributors now only provide regular unflavored tobacco products. Mr. Ahmed now carries only regular unflavored tobacco products to the extent that he understands current state and local law.

The City labels three of its attached photographs as being “Flavored Products” (numbered 3, 5, and 6 on Appellant’s Ex. A, an annotated version of the City’s Notice of Violation (NOV). These photographs are somewhat illegible, though they do contain some items with some of those names.

The City’s NOV Allegation 1 is conclusory in that it simply tells us that here is product X which violates this code section. But it does not tell us how each product meets the definitions. This is in no way obvious, and thus the City has not met the burden of production, let alone the burden of proof. The Hearing Officer should find that the City has not proven NOV Allegation 1 and uphold Mr. Ahmed’s appeal.

NOV ALLEGATIONS 2-4:

2. Electronic smoking devices, electronic nicotine delivery systems (E- cigarettes), vaping devices, including all parts and components to include but not limited to: Inspector observed during inspection "PAX", "Exus", "Vaped Vano", "Volcano", etc.

3. Electronic smoking and vaping products, and vaping paraphernalia, including but not limited to, devices, parts and components, e-liquids, concentrates, waxes, etc. to include but not limited to: Inspector observed during inspection "Carta", "G", "Backwoods", etc.

4. CBD or hemp products, or any products made from, derivative of, or containing any amount of a Cannabis plant intended for human consumption to include but not limited to:

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Inspector observed during inspection "Hemp2o","High Hemp Organic Wraps", "Artisanal Hemp Cones", "Organic Hemp Raw Cones", "CBD Edibles", "CBD Lollipops", "PM Hemp", etc.

Similarly, it is not clear how the named products fit the definitions in the code. Whether the City can or cannot show that they do, Mr. Ahmed raises the following legal arguments to this new untested Hayward law to the extent that it purports to apply to “Non-Tobacco/Non-Nicotine Products Related to Cannabis, Hemp, and CBD” Products.

IV. City of Hayward Ordinance No 20-13 (Appellant’s Exhibit 2), which also contains HMC 10-1.2783) is Unconstitutional as Applied to Appellant SNA Trading, Inc.

City of Hayward Ordinance No 20-13 was passed in July 2020 and has never before been implemented, enforced, or tested. This hearing is the first time it has ever been applied and subjected to any kind of legal scrutiny. It purports to impose new rules and regulations, not only on tobacco and nicotine sales, but also on legal CBD products, legal hemp products, and legal cannabis devices, including medical devices such as vaporizers for those who physically cannot tolerate inhaling smoke. And it purports to impose these restrictions retroactively through the Planning & Zoning Code (HMC Chapter 10). But this it cannot do. To the extent that the existing legal tobacco retailers, such as Appellant, have been legally selling these products prior to this Ordinance, they have prior legal non-conforming status and the ordinance’s new restrictions cannot apply to them.

The new restrictions can apply prospectively only—to new tobacco retailers—but they cannot apply to those that operated legally before the new ordinance. That is black letter law. Korean American Legal Advocacy v. City of Los Angeles (1994) 23 Cal.App.4th 376, Fn5 citing Trans–Oceanic Oil Corp. v.

Santa Barbara (1948) 85 Cal.App.2d 776, 783-195, and O'Hagen v. Board of Zoning Adjustment (1971) 19 Cal. App. 3d at p. 165.

Additionally, as to what we have characterized here as the “Non-Tobacco/Non-Nicotine Products Related to Cannabis, Hemp, and CBD” Products Category (HMC 10-1.2783(c)(3)- Exhibit VIII: Appeal Decision (CE-22-0507) 74 of 218
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(5)/NOV Allegations 2-4), the ordinance lacks even a “rational basis” in that its findings and purpose (HMC 10-1.2780) are “demonstrably irrelevant” to its prohibition on non-tobacco/nonnicotine products. Nebbia v. New York (1934) 291 US 502, 539. This is because all four of the enumerated findings in HMC 10-1.278 are related to the harms caused by tobacco and nicotine.

Thus, they cannot support a prohibition on non-tobacco and non-nicotine products rendering that prohibition invalid as applied, if not facially.

Under Section 3 of the ordinance itself (regarding Severance, Exhibit 2), this Hearing Officer has the power to limit the legal application of the Ordinance to only new tobacco retailers and limit its effect so as to preserve the legal right of grandfathered retailers, such as Appellant, to continue to operate legally, although non-conforming with new restrictions. The Hearing Officer should exercise that power and uphold this appeal.

V. Conclusion.

The Hearing Officer can and should uphold the appeal. In the alternative, should the appeal be denied, Appellant respectfully requests that the Hearing Officer stay their decision for 20 days to allow Appellant time to seek relief in the courts.

Respectfully submitted,
DATED: February 1, 2023 ANTHONY LAW GROUP, PC
_______________________
James Anthony,
Drew M. Sanchez,
Attorneys for Appellant
SNA Trading, Inc. dba Smokey’s Smoke Shop
& Gifts

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EXHIBIT 1

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Appellant's Ex. A: Annotated NOV

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Appellant's Ex. A: Annotated NOV

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EXHIBIT 2

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ORDINANCE NO. 20-13

ORDINANCE OF THE CITY OF HAYWARD, CALIFORNIA,
AMENDING CHAPTER 10 (PLANNING, ZONING, AND
SUBDIVISIONS), ARTICLE 1 (ZONING ORDINANCE), SECTION
10-1.2780 THROUGH 10-1.2797, TOBACCO RETAIL SALES

ESTABLISHMENTS, OF THE HAYWARD MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF HAYWARD DOES ORDAIN AS FOLLOWS:

Section 1. Provisions. The City Council incorporates by reference the findings contained in Resolution No. 20-120 approving the text changes to the Hayward Municipal Code, Sections 10-1.2780 through 10-1.2797, Tobacco Retail Sales Establishments Ordinance.

Section 2. Chapter 10, Planning, Zoning, and Subdivisions of the Hayward Municipal Code, which establishes development standards and regulations for all zoning districts within City boundaries, is hereby amended to add certain text (as indicated by underline) and delete certain provisions (as indicated by strikethrough) in the attached Exhibit "A11, related to tobacco retail sales establishments, introduced herewith and as specifically shown in this Ordinance.

Section 3. Severance. Should any part ofthis Ordinance be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of the City, such decision shall not affect the validity ofthe remainder ofthis Ordinance, which shall continue in full force and effect, provided that the remainder ofthe Ordinance, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions ofthe City Council.

Section 4. Effective Date. In accordance with the provisions of Section 620 ofthe City Charter, the Ordinance shall become effective immediately upon adoption.

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INTRODUCED at a regular meeting of the City Council of the City of Hayward, held the 7th day ofJuly 2020, by Council Member Mendall.

ADOPTED at a regular meeting of the City Council of the City of Hayward, held the 14th day ofJuly 2020, by the following votes of members ofsaid City Council.

AYES: COUNCIL MEMBERS: Lamnin, Marquez, Mendall, Salinas, Wahab, Zermeno MAYOR: Halliday
NOES: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ATTEST:

AS TO FORM:

City Attorney ofthe City of Hayward

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EXHIBIT A
CHAPTER 10, PLANNING, ZONING, AND SUBDIVISIONS
ARTICLE 1, ZONING ORDINANCE
SECTION 10-1.2780. TOBACCO RETAIL SALES ESTABLISHMENTS
SEC. 10-1.2780- FINDINGS AND PURPOSE.

The City finds and declares as follows:
a. According to the Centers for Disease Control and Prevention, each day about 1,600 U.S. youth under the age of 18 smoke their first cigarette. Each year, nearly half a million Americans die prematurely of smoking or exposure to secondhand smoke.

Another 16 million live with a serious illness caused by smoking. b. There is local and nation-wide evidence from the California Department of Public Health and the Centers for Disease Control and Prevention that youth consumption and use offlavored tobacco products and electronic smoking devices are on the rise.

The use ofthese products has been identified by the United States Surgeon General to pose significant health and safety risks to community at-large and youth individuals under the age of 18.
c. The City of Hayward recognizes that the use of tobacco products and electronic smoking devices have devastating and have long-lasting effects on personal and public health. The City further recognizes in accordance with the Centers for Disease Control and Prevention, that tobacco use is the leading cause of preventable disease, disability, and death in the United States.
d. The purpose of the Tobacco Retail Sales Establishments Ordinance is to promote public health and provide regulatory protection for the City's youth from harmful tobacco and nicotine products. The Ordinance establishes a monitoring program that encourages responsible tobacco retailing and holds businesses accountable for selling and distributing harmful and addictive tobacco and nicotine products to underage individuals. It is intended to supplement relevant provisions of Federal and State law and is not intended nor shall it be interpreted to conflict, expand or

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reduce the degree to which the acts regulated by Federal or State law are criminally proscribed or alter the penalties provided therein.

SEC. 10-1.2781-APPLICABILITY.

These regulations apply to all Tobacco Retail Sales Establishments, including the operation of existing businesses, new businesses, relocating businesses, and the conversion or expansion of an existing business to include the sale of tobacco, tobacco products, or tobacco paraphernalia, as defined herein. Tobacco Retailers legally existing prior to the adoption ofthese regulations may exist without the approval of a conditional use permit but must otherwise comply with all standards set forth in these regulations.

SEC. 10-1.2782 - DEFINITIONS.

For purposes ofthese regulations, certain words and terms have the following meaning:
a. "Bidis" (also known as beedies) are defined as products containing tobacco wrapped in leaves of the temburni or tendu plants, or products marketed and sold as "bidis" or "beedies."
b. "CBD" means cannabidiol, a cannabinoid or chemical compound found in cannabis plant and hemp.
c. "Cannabis" shall mean as defined in Hayward Municipal Code Section 10-1.3500. d. "Cigar" means (i) any roll oftobacco wrapped entirely or in part in tobacco or in any substance containing tobacco; or (ii) any paper or wrapper that contains tobacco and is designed for smoking or ingestion of tobacco products. For the purposes of this subsection, "Cigar" includes, but is not limited to, Tobacco Products known or labeled as "cigar," "cigarillo," "tiparillo," "little cigar," "blunt," "blunt wrap," or "cigar wrap."
e. "Cigarette" means any roll oftobacco for smoking of any size or shape, made wholly or in part of tobacco and with a wrapper or cover made of paper or any other material. Tobacco wrapped in tobacco or with a cover made mostly of tobacco (for example, cigars) that weighs more than three pounds per thousand sticks are not cigarettes and are defined as Tobacco Products.

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f. "Characterizing Flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted by a tobacco product, either prior to or during consumption, or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, h"'mey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, sweetener, sugar, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
g. "Drug Paraphernalia" is as defined in California Health and Safety Code section 11014.5, as that section may be amended from time to time. h. "Electronic Smoking Device" means:

1. Any electronic device that delivers a dose of nicotine or other substances to the person inhaling, including but not limited to, electronic nicotine delivery systems (ENDS) as defined under the United States Food and Drug Administration deeming rule, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vapor cigarette, vape pen, personal vaporizers, or any other product name or descriptor.

2. Any component, part, or accessory intended or reasonably expected to be used with an electronic smoking device, whether sold separately, including but not limited to coils, batteries, tanks, cartridges, pods, wicks, atomizers, nicotine concentrates, waxes, E-liquids, or other products and parts. i. "Flavored Tobacco Product" means any tobacco product (including but not limited to cigarettes) that imparts a characterizing flavor, including but not limited to mint or menthol cigarettes, flavored little cigars, smokeless tobacco, e-cigarettes and vaping devices. Furthermore, there shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or any ofthe manufacturer's agents or employees has:

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or other advertisement to communicate information about the flavor, taste, or aroma of a tobacco product; and/or

2. Taken actions directed to consumers that would be reasonably expected to result in rnnsumers believing that the tobacco product imparts a characterizing flavor.
j. "Hemp Blunt Wraps" means a paper or cone-shape wrapper or cover made either in part or wholly from parts of a cannabis plant, also known as, but not limited, CBD blunt wraps.
k. "Hookah bar" or "hookah lounge" means any facility, building, structure, or location, where customers share tobacco or a similar smoking product from a communal hookah placed throughout the establishment.

1. "Imitation Tobacco Product" means any edible or non-edible, non-tobacco product designed to resemble a tobacco product that is often intended to be used by children as a toy. Examples of imitation tobacco products include, but are not limited to, candy or chocolate cigarettes, bubble gum cigars, shredded bubble gum resembling spit tobacco, and shredded beef jerky in containers resembling snuff tins. An electronic smoking device is not an imitation tobacco product. m. "Labeling" means written, printed, or graphic matter upon any tobacco product or any of its packaging, or accompanying such tobacco product. n. "Licensee" means the holder of a valid, City-issued Tobacco Retailer License. o. "Manufacturer" means any person, including any re-packer or re-labeler, who manufactures, fabricates, assembles, processes, labels a tobacco product; or imports a finished tobacco product for sale or distribution into the United States. p. "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a tobacco product is sold or offered for sale to a consumer.
q. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

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r. "Pharmacy" and "Drugstore" mean a retail establishment in which the profession of pharmacy is practiced by a pharmacist license by the State of California in accordance with the Business and Professions Code, and where prescription pharmaceuticals are offered for sale, regardless ofwhether the retail establishment sells other retail goods.
s. "Property Owner" means any person, persons, organization, or legal entity owning real property and as it appears on the last equalized assessment roll for the City. t. "Proprietor" means a person with an ownership or managerial interest in a Tobacco Retail Sales Establishment. An ownership interest shall be deemed to exist when a person has a ten percent (10%) or greater interest in the stock, assets, or income of a Tobacco Retail Sales Establishment, other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a Tobacco Retail Sales Establishment.
u. "Residential District" is any area within City limits that is designated in the City's zoning ordinance as one of the following districts: RS; RNP; RM; RH; RO; MH; SMU; any residential Planned Development; T3, T4, T4-1, T4-2 or T-5 (in the City's FormBased Code zoning districts); or any subsequently created zoning district whose primary use is residential in character.
v. "Retail Price" means the price listed for the tobacco product on its packaging or any related shelving, advertising, or display where sold or offered for sale, and includes all applicable taxes and fees.
w. "Self-Service Display" means the open display of tobacco products, electronic smoking devices or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form ofself-service display.
x. "Sensitive Receptors" are people that have an increased sensitivity to air pollution or environmental contaminants. For the purpose of this Ordinance, sensitive receptor locations include schools, pre-schools, parks and playgrounds, libraries, and day care facilities.

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y. "Tobacco Retail Sales Establishment" or "Tobacco Retailer" means any establishment that sells, offers for sale, or exchanges or offers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or any combination thereof, including retail or wholesale sales. z. "Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other items or parts thereof designed or marketed for the smoking, ingestion, preparation, storing, or consumption oftobacco products or other substances.
aa. "Tobacco Product" means any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means. "Tobacco product" includes, but is not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, snus, electronic smoking devices (with or without nicotine), or any component, part, accessory intended or reasonably expected to be used with a Tobacco Product whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold solely for that approved purpose. bb. "Tobacco Retailer License" means the license issued pursuant to Section 10-1.2785 that authorizes tobacco retail or wholesale sales at a certain, fixed approved location and by a certain Tobacco Retailer. Mobile vendors of tobacco products, electronic smoking devices and tobacco paraphernalia are prohibited. cc. "Vapor bar" or "vapor lounge" (also referred to as "smoking device bar" or "electronic smoking device lounge") means, but not limited to, any facility, building, structure or location where customers use tobacco products, electronic smoking devices or other apparatuses to deliver an inhaled dose of nicotine or other substance within the establishment.
dd. "Vaping device'' means as defined in Subsection h. of this section, an electronic smoking device and any device designed to vaporize nicotine or other substances to inhale or exhale vapor, including but not limited to bongs, water pipes, hookah

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devices, vaporizers, atomizers, bowls, chambers, including any components and substances, or parts thereof, For purposes of these regulations, a vaping device does not include any medically prescribed vaporizer by a licensed physician or practitioner for medical purposes.

SEC. 10-1.2783 - REQUIREMENTS AND OPERATIONAL STANDARDS FOR TOBACCO RETAIL SALES ESTABLISHMENTS.
a. All Tobacco Retail Sales Establishments shall abide by all of the following requirements and operational standards:

1. All Tobacco Retail Sales Establishments shall comply with local, State, and/or Federal laws regarding 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 oflegal age.

2. All new Tobacco Retail Sales Establishments shall obtain a conditional use permit pursuant to Section 10-1.3200 prior to operation, unless exempt as provided hereinafter, and a Tobacco Retailer License. It shall be unlawful for any Person to operate a Tobacco Retail Sales Establishment without first obtaining a conditional use permit, if one is required, and a Tobacco Retailer License.

3. All Tobacco Retail Sales Establishments shall display their City of Hayward Tobacco Retail License and California Cigarette and Tobacco and Product Retailer License to sell tobacco products, in a prominent location visible to the public at all times.

4. It shall be a violation of these regulations for any Tobacco Retailer to violate any local, State, or Federal law applicable to tobacco products, electronic smoking devices or tobacco paraphernalia.

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5. It shall be a violation of these regulations for any Tobacco Retail Sales Establishment or any ofthe Tobacco Retail Sales Establishment's agents or employees to violate any local, State, or Federal law regulating controlled substances or drug paraphernalia, for example, California Health and Safety Code Section 11364.7, except that conduct authorized pursuant to the State law shall not be a violation of these regulations.

6. No Tobacco Retail Sales Establishment shall sell, transfer, or in any form furnish tobacco products or tobacco paraphernalia to an individual under the age of 21 in accordance with the California Penal Code 308, California STAKE Act, or any other applicable local, State or Federal law, or to any individual who appears to be under twenty-seven (27) years of age without first examining the customer's identification to confirm that the customer is at least the minimum age under State and Federal law to purchase and possess tobacco products.

7. No person who is younger than the minimum age established by State or Federal law for the purchase or possession of tobacco products or electronic smoking devices shall engage in the sale ofsuch products.

8. All tobacco products and/or tobacco paraphernalia shall be secured so that only store employees have immediate access to these items. Self-service displays of tobacco products, electronic smoking devices, and tobacco products are prohibited.

9. No Tobacco Retail Establishment shall sell imitation tobacco products or any imitation products that resemble cannabis or any drug or illegal substance.

10. No Tobacco Retail Sales Establishment shall sell tobacco products, or tobacco paraphernalia, at a mobile location, on foot or from vehicles.

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11. All sales of tobacco products and tobacco paraphernalia shall be conducted in person at the licensed Tobacco Retail Sales Establishment. No Tobacco Retail Sales Establishment shall offer or provide any delivery of tobacco products or tobacco paraphernalia to a consumer.
b. Notwithstanding any other provision of law, it shall be a violation of these regulations for any licensee or any ofthe licensee's agents or employees to sell, offer for sale, or exchange for any form of consideration:

1. Any single cigar, whether or not packaged for individual sale, with a retail price ofless than eight ($8) dollars, including all applicable taxes and fees.

2. Any number of cigars fewer than the number contained in the manufacturer's original consumer packaging designed for retail sale to a consumer.

3. Any package of cigars unless it contains at least five cigars or units in the manufacturer's original consumer package with a retail price of eight ($8) dollars or more, including all applicable taxes and fees.

4. Single cigarettes or cigarettes packages ofless than 20 cigarettes.

5. Cigarette packages of 20 cigarettes with a retail price ofless than eight ($8) dollars per package, including all applicable taxes and fees.

6. Any tobacco product for less than the retail price by honoring or redeeming discounts, multi-package discounts, free products, or any other form of discount.

7. Cigarette packages or tobacco products not in compliance with the Revenue and Taxation Code, Section 30165.1, Subdivisions (e)(l), (e)(2) and ( e)(3); not listed as approved in the California Tobacco Directory.

The minimum prices established in this section shall be adjusted from time to time in proportion with the Consumer Price Index for the San Francisco/Oakland/Hayward area as reported by the U.S Labor of Statistics and after publicly being posted in the City's website for at least 60 calendar days.

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c. It shall be a violation of these regulations for any Tobacco Retailer or any of the Tobacco Retailer's agents or employees to sell or offer for sale, to possess with intent to sell or offer for sale, or exchange for any form of consideration any:

1. Flavored tobacco products, parts, components, or flavored tobacco paraphernalia.

2. Bidis or Beedies products.

3. Electronic smoking devices, electronic nicotine delivery systems (Ecigarettes), vaping devices, including all parts and components.

4. Electronic smoking and vaping products, and vaping paraphernalia, including but not limited to, devices, parts and components, e-liquids, concentrates, waxes, etc.

5. CBD or hemp products, or any products made from, derivative of, or containing any amount of a Cannabis plant intended for human consumption.
d. Implementation: All existing legal Tobacco Retail Establishment owners shall have six (6) months from the effective date ofthese regulations to cease the sales of and remove all: (i) flavored tobacco products, including but not limited to any related flavored tobacco paraphernalia; (ii) electronic smoking devices, electronic nicotine delivery systems; and (iii) vaping devices, products and vaping paraphernalia; including but not limited to, devices, substances, parts and components. However, no grace period will be provided when a legal Tobacco Retail Establishment is sold or transferred. All Tobacco Retail Establishments shall abide by all Tobacco Retail Sales requirements and operational standards set forth herein. e. Every Tobacco Retail Sales Establishment shall maintain on the premises the original labeling and packaging provided by the manufacturer for all tobacco products that are sold or offered for sale by the establishment separately from the original packaging designed for retail sale to the consumer.

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f. Compliance with these regulations shall be enforced by the City's Development Services Director or his/her designee, in conjunction with the City's Code Enforcement Division and the Hayward Police Department. The Code Enforcement Manager or his/her designee shall use reasonable efforts to conduct a compliance check visit to each Tobacco Retail Sales Establishment at least once per twelve (12) month period to determine if the Tobacco Retail Sales Establishment is in compliance with these regulations; and any necessary follow-up inspections of noncompliant Tobacco Retailers. The Hayward Police Department shall use reasonable efforts to conduct decoy inspection operations throughout the year to verify the Tobacco Retailers are compliant and are not selling to minors at any time. Nothing in this section shall create a right of action in any Tobacco Retail Sales Establishment or other Person against the City or its agents.

SEC. 10-1.2784- LARGE-FORMAT TOBACCO RETAILERS.
a. Retail establishments, such as grocery stores, big-box stores, etc., that have 10,000 square feet or more offloor area and that devote not more than five (5%) percent ofsuch floor area to the sale, display, sale and storage oftobacco products, or tobacco paraphernalia ("Large-Format Tobacco Retailers") are permitted in any zoning district in which retail sales are allowed, without the need to obtain a conditional use permit for tobacco sales, with the exception ofsubsection "c." of this section.
b. Large-Format Tobacco Retailers are required to obtain a Tobacco Retailer License as set forth in Section 10-1.2785 and are subject to compliance with all requirements and operational standards as set forth in these regulations. c. The sale oftobacco products and tobacco paraphernalia in drugstores and pharmacies is hereby prohibited. Any existing drugstore or pharmacy with a valid City-issued Tobacco Retail License shall have six (6) months from the effective date ofthese regulations to cease the sales of all tobacco products and tobacco paraphernalia and remove all related products.

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SEC. 10-1.2785 - TOBACCO RETAILER LICENSE (TRL).

All new and existing Tobacco Retail Sales Establishments must obtain an annual Tobacco Retailer License (TRL) and comply with all Requirements and Operational Standards for Tobacco Retail Sales Establishments set forth in Section 10-1.2783 above and as follows:
a. Tobacco Retailer License Application Procedure:

1. Application for a Tobacco Retailer License shall be submitted in the name of each Proprietor proposing to conduct tobacco retail sales and shall be signed by each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to be informed regarding all laws applicable to tobacco retail sales, including those laws affecting the issuance of a Tobacco Retailer License. No Proprietor may rely on the issuance of a TRL as a determination by the City that the Proprietor has complied with all laws applicable to tobacco retail sales. A TRL issued contrary to these regulations, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 10-1.2794 herein. Nothing in these regulations shall be construed to vest in any Person obtaining and maintaining a TRL any status or right to act as a Tobacco Retailer in contravention of any provision of law.

2. After approval of a conditional use permit, a completed and executed application for a TRL shall be submitted on a form supplied by the City and shall contain the following information, but not limited to:
i. The name, address, and telephone number, and driver's license or state issued l.D. number of each Proprietor of the business seeking a TRL.
ii. The business name, address, e-mail, and telephone number of the single fixed location for which a TRL is sought
iii. A single name and mailing address authorized by each Proprietor to receive all communications and notices (the "authorized address"). If an authorized address is not supplied, each

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Proprietor shall be understood to consent to the provision of notice at the business address specified in subsection (b)(2). iv. The valid state tobacco retailer's license number issued by the California Department of Tax and Fee Administration. A copy of the California Cigarette and Tobacco Products Retailer's License and California Seller's Permit must be provided with the TRL application.
v. Whether or not any Proprietor or any agent ofthe Proprietor has admitted violating, or has been found to have violated, these regulations and, ifso, the dates and locations of all such violations within the previous five years.
vi. A statement signed by each Proprietor that no drugs or drug paraphernalia is or will be sold at the location for which the TRL is sought.
vii. Such other information as the Planning Director or designee deems necessary for the administration or enforcement of these regulations as specified on the application form required by this section, including however not limited to any proposed signage or artwork for the business premises to ensure that the
signage/artwork does not encourage youth smoking.

3. All Tobacco Retail Sales Establishments shall inform the Planning Director or his/her designee in writing of any change in the information submitted on an application for a TRL within ten business days of a change.

4. All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code section 6250 etseq.) or any other applicable law, subject to any applicable exemptions.

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b. Issuance ofTRL: Upon the receipt of a complete application for a TRL and the license fee required hereunder, the Planning Director or his/her designee shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exists:

1. The information presented in the application is incomplete, inaccurate, false or otherwise fails to comply with Section 10-1.2785(a) (2) above.

Intentionally supplying inaccurate or false information shall be a violation of these regulations.

2. The application seeks authorization for tobacco retail sales at a location for which the issuance of a TRL is prohibited under these regulations or does not qualify under any exemptions under these regulations.

3. The application seeks authorization for tobacco retail sales that is prohibited under these regulations (e.g., mobile vending) or that is unlawful pursuant to this Article, including without limitation, the zoning ordinance, building code, and business license tax ordinance, or that is unlawful pursuant to any other law.

4. The location for which a TRL is sought lacks a valid state tobacco retailer's license by the California Department of Tax and Fee Administration.

5. The applicant has been found in violation of three (3) or more of the Operational Standards listed in Section 10-1.2783 of these regulations within the last five years.
c. TRL Renewal and Expiration:

1. Term and Renewal of TRL. A TRL is invalid if the appropriate fee has not been timely paid in full or if the term of the TRL has expired. The term of a TRL is one year, commencing the first day of each calendar year.

2. Expiration ofTRL. A TRL that is not timely renewed shall expire at the end of its term. To apply for reinstatement of a license that was not timely renewed, the Proprietor must complete all ofthe following:
i. Submit the TRL fee, including any fees for late renewal, and application renewal form.

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ii. Submit a signed affidavit affirming that the Proprietor has not sold and will not sell any tobacco product, or tobacco paraphernalia after the TRL expiration date and before the TRL is renewed. iii. Pay all outstanding fines and resolved any outstanding violations of these regulations, before seeking renewal ofthe license. d. TRL Nontransferable: A TRL may not be transferred from one Person to another or from one location to another. A new TRL is required whenever a Tobacco Retail Sales Establishment has a change in Proprietor( s ).
e. TRL Conveys a Limited, Conditional Privilege: Nothing in these regulations shall be construed to grant any Person obtaining and maintaining a TRL any status or right other than the limited conditional privilege to act as a Tobacco Retail Sales Establishment at the location in the City identified on the face ofthe license. Nothing in these regulations shall be construed to render inapplicable, supersede, or apply in lieu of any other provision of applicable law, including but not limited to, any provision ofthe Hayward Municipal Code, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. A TRL does not make the Tobacco Retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code Section 6404.5. f. Fee For TRL: The fees for the annual TRL shall be established by the City Council from time to time in the City's Master Fee Schedule and are payable at the time the establishment obtains or renews its business license. The fee shall be calculated so as to recover the cost of administration and enforcement of these regulations, including but not limited to, issuing the TRL license, Tobacco Retailer inspections and compliance checks, documentation of violations and prosecution of violators.

Annual fees shall not be pro-rated or refunded during the course of the calendar year.
g. Compliance and Monitoring:

1. Compliance with these regulations shall be enforced by the Planning Director, in conjunction with the Code Enforcement Division and Hayward

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Police Department. The City Manager may designate any number of additional persons to monitor compliance with these regulations.

2. Compliance checks shall be conducted so as to allow the City to determine, at a minimum, if the Tobacco Retailer is in compliance with all laws regulating sales of tobacco products, electronic smoking devices, tobacco paraphernalia, and imitation tobacco products. City staffshall endeavor to perform compliance check inspections at least annually in addition to follow-up inspections for non-compliance on all Tobacco Retail Sales Establishments.

3. The City shall not enforce any law establishing a minimum age for tobacco product or electronic smoking device purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
i. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the City. ii. The youth decoy is acting as an agent of a person designated by the City to monitor compliance with these regulations.
iii. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Alameda County Public Health Department or the California Department of Health Services or other governmental agency.

SEC. 10-1.2786 - CONDITIONAL USE PERMIT FOR NEW TOBACCO RETAIL SALES ESTABLISHMENTS.
a. All new Tobacco Retail Sales Establishments that have less than 10,000 square feet of floor area or devote more than five (5%) percent of their floor area to the sale, display, and storage oftobacco products, or tobacco paraphernalia are only allowed in the General Commercial (CG) Zoning District and shall apply for and obtain approval of a conditional use permit, as set forth in HMC Section 10-1.2815 and any other applicable City regulation, in addition to a Tobacco Retailer License.

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b. New Tobacco Retail Sales Establishments that have less than 10,000 square feet of floor area or devote more than five (5%) percent of their floor area to the sale, display, and storage of tobacco products, or tobacco paraphernalia shall be subject to the following requirements, but not limited to:

1. No new Tobacco Retail Sales Establishments shall be established orlocated within 1,000 feet from any existing residential district or use, any sensitive receptors, or similar use as determined by the Development Services Director, or within 500 feet of any other approved Tobacco Retail Sales Establishment.

2. The distances set forth above shall be measured as a radius from property line to property line without regard to intervening structures.

3. The applicant shall be required to submit:
i. A map, drawn to scale, showing how their proposed business location meets the location and separation requirements as part of the conditional use permit application.
ii. The true and complete name and address of each lender or shareholder with a five (5) percent or more financial interest in the proposed business or any other Person to whom a share or percentage ofthe income ofthe establishment is to be paid. iii. A statement by the applicant indicating whether or not such applicant has at any time been convicted of any crime other than minor traffic offenses and, if so, the nature of the crime for which the applicant was convicted and the date and jurisdiction of the conviction.
iv. A plan for demonstrating the means by which the applicant will comply with Section 10-1.2783, Requirements and Operational Standards for Tobacco Retail Sales.
c. Any Tobacco Retail Sales Establishment legally in existence as of the effective date ofthese regulations will not be required to obtain a conditional use permit and will be deemed a legal non-conforming use for Zoning purposes as it pertains to the

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provisions this Section, 10-1.2786. Such legal non-conforming status will not apply to any other provisions of the Tobacco Retail Sales Establishment Ordinance requirements adopted herein. In order to maintain its legal zoning non-conforming status, each such Tobacco Retail Sales Establishment must comply with all Requirements and Operational Standards Section 2783 and the Non-Conforming Use regulations set forth in Section 10.1.2900 et seq.

SEC. 10-1.2787 - POSTING OF CONDITIONS OF APPROVAL.

A copy of the conditions of approval for the conditional use permit must be kept on the premises of the Tobacco Retail Sales Establishment and posted in a place where it may readily be viewed by the general public.

SEC. 10-1.2788 - FINDINGS.

In making the findings required by Section 10-1.3225 governing conditional use permits, the Planning Director, or the Planning Commission on referral or appeal, shall consider whether the proposed use will result in an undue concentration of Tobacco Retail Sales Establishments in the area. The Planning Commission, or City Council on referral or appeal, shall also consider whether the proposed use will detrimentally affect the surrounding neighborhood after giving consideration to the distance ofthe proposed use from the following uses: residential structures, churches, schools, public playgrounds and parks, recreation centers, and other similar uses.

SEC. 10-1.2789 - PROHIBITED LAND USES.

The following uses are prohibited in all zoning districts: vapor bars or vapor lounges; smoking device bars or electronic smoking device lounges; and hookah bars or hookah lounges.

SEC. 10-1.2790 - LIABILITY FOR EXPENSES.

Any Person who is found to have violated the Tobacco Retail Sales Establishments regulations shall be liable for such costs, expenses and disbursements paid or incurred by the City or any of its contractors in the correction, abatement, prosecution of, or

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administrative hearing on, the violation. Reinspection and penalty fees, and all costs and expenses to ascertain compliance with previously noticed violations shall be charged to the Proprietor(s) ofthe Tobacco Retail Sales Establishment, as set by the City Council in the Master Fee Schedule. However, the City reserves the right to recover any and all outstanding enforcement costs and charges incurred by the Tobacco Retail Sales Establishment from the Property Owner for non-compliance or non-payment pursuant to Chapter 5, Article 7 ofthe Hayward Municipal Code and Section 10-1.2793, or any other available legal remedy.

SEC. 10-1.2791 - INSPECTION AND RIGHT OF ENTRY.

To the extent permissible by law, the Planning Director or his/her designees shall have the right to enter and inspect any Tobacco Retail Sales Establishment for the purpose of ensuring compliance with these regulations, provided that any such entry and inspection shall be conducted in a reasonable manner, or whenever there is reason to suspect a violation of any of the provisions of the Tobacco Retail Sales Establishments regulations. If the licensee or his or her agents refuse permission to enter, inspect or investigate the establishment, the City may seek an inspection warrant pursuant to the provisions of California Code of Civil Procedure Sections 1822.50 et seq., or any successor legislation thereto.

SEC. 10-1.2792 - PUBLIC NUISANCE.

It shall constitute a public nuisance for any Person to operate or allow to operate a Tobacco Retail Sales Establishment in violation ofthese regulations.

SEC. 10-1.2793 - CUMULATIVE REMEDIES.

Any Person who violates any provision ofthe Tobacco Retail Sales Establishment regulations is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. The remedies provided in these regulations shall be cumulative and may include administrative citation pursuant to Chapter 1, Article 7 ofthis Code and/or abatement pursuant to Chapter 5, Article 7 ofthis Code, in addition to any other procedures provided in the Hayward Municipal Code or by

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state law. Administrative action hereunder shall not prejudice or affect any other action, civil or criminal, for the maintenance of any such violation. The fines and penalties for violations of the Tobacco Retail Sales Establishments regulations shall be established by the City Council in the Master Fee Schedule.

SEC. 10-1.2794 - REVOCATION OF TOBACCO RETAILER LICENSES AND CONDITIONAL USE PERMITS; APPEALS.
a. In addition to the remedies set forth in Section 10-1.2793, any Tobacco Retail Sales Establishment in violation of these regulations three (3) times within a five-year period shall be referred to the Planning Commission for review. A third violation within such five-year period shall result in revocation of the Tobacco Retail License or Conditional Use Permit, unless the business can demonstrate by clear and convincing evidence that a lesser penalty is warranted. b. For Large-Format Tobacco Retail Sales Establishments, as defined in Section 10-

1.2784.a, a written notice containing the effective date of the TRL revocation shall be sent to the address on record for the Tobacco Retail Sales Establishment, along with a description of the process for appealing the TRL revocation. Appeals of the TRL revocation shall observe the process set forth in Chapter 1, Article 7 and/or Chapter 5, Article 7 of the Hayward Municipal Code.
c. For any Tobacco Retail Sales Establishments found to be in violation of Section 10-

1.2794.a operating with a Conditional Use Permit or deemed a legal nonconforming use, a revocation hearing will be scheduled before the Planning Commission in accordance with the procedures set forth in Section 10-1.3260 of the Hayward Municipal Code. Appeals shall be governed by Section 10-1.2845 of the Hayward Municipal Code.

SEC. 10-1.2795 -ANNUAL REPORT.

An annual report shall be provided to the City Council regarding the enforcement of these provisions, including but not limited to, administrative and enforcement compliance data.

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Smokey’s Smoke Shop v. City of Hayward Citation No. CE-22-0507 Administrative Hearing -1-
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MICHAEL S. LAWSON (SBN 048172)
City Attorney
AMY S. ROTHMAN (SBN 308133)
Deputy City Attorney

CITY OF HAYWARD
777 B Street, 4th Floor
Hayward, CA 94541-5007
Tel: (510) 583-4450
Fax: (510) 583-3660
Attorneys for CITY OF HAYWARD

CODE ENFORCEMENT

ADMINISTRATIVE HEARING
SNA Trading Inc. dba Smokey’s Smoke Shop &
Gifts,
Appellant,
vs.

Hayward Code Enforcement,
Appellee.
/
Citation No. CE-22-0507

HAYWARD CODE ENFORCEMENT
BRIEF IN SUPPORT OF CITATION NO.

CE-22-0507
Date: February 2, 2023
Time: 2:30 p.m.

Location: Permit Center
I. INTRODUCTION
This appeal is improper, since, pursuant to the Hayward Municipal Code (“HMC”) the Hearing Officer lacks the jurisdiction to hear an appeal regarding the constitutionality of an Ordinance, which are the only issues raised by this Appellant. See HMC § 1-7.01(b)(2) and Exh A, Code Enforcement Packet, pgs. 94-95 (Request for Administrative Hearing). As such, this appeal must be summarily denied.

Additionally, to the extent the Appellant challenges the constitutionality of Ordinance No. 20-13, which is outside the scope of permissible appeals pursuant to HMC section 1-

7.01(b)(2), the City reserves its right to respond to those arguments should those issues be appealed in the proper forum. Moreover, should the hearing officer in this case nonetheless find that it has jurisdiction to hear the Appellant’s constitutional arguments, the City would request an Exhibit VIII: Appeal Decision (CE-22-0507) 105 of 218
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opportunity to provide supplemental briefing on the constitutional legal issues raised by Appellant.

II. LEGAL ARGUMENT
A. The Hearing Officer Lacks Jurisdiction to Hear This Appeal Article 7 of the HMC provides for administrative citations provided by Government Code § 53069.4. Under § 1-7.01(b)(1), an administrative citation starts the administrative process.

Under § 1-7.01(b)(2) “A violator has the right to appeal both the City’s initial determination that he or she has violated an ordinance, and amount of the penalty imposed by the City.” As further instructed under the same section, such “[a]ppeals are heard by a City Hearing Officer (Section 1-7.07), and if desired, the violator can challenge in a court of law the Hearing Officer’s decision.

The Appellant’s “Request for Administrative Hearing” (Exh.A, pg. 94-95), indicates that Appellant is challenging the above-mentioned citation on the following bases only:
(1) HMC 10-1.2783 is illegal and unconstitutional because Appellant had a prior right to sell all products being sold at the location;
(2) The Notice of Violation is unconstitutional because it relies on an ordinance that is unconstitutional;
(3) HMC 10-1.2783 is unconstitutional since it makes illegal the use and sale of CBD products.

There is nothing on the Request for Administrative Hearing indicating that Smokey’s is contesting the fact that it violated HMC 10-1.2783 subsection C, nor the “amount” of the penalty imposed. See Exh. A, pg. 52, Notice of Violation indicating penalty fee amount is $1,500. On the contrary, the only basis for the appeal noted in the Request for Administrative hearing is the Appellants’ contentions that the Ordinance under which the City found a violation, is, itself, unconstitutional. As such, the Hearing Officer lacks jurisdiction to hear this appeal and the appeal must be denied.

Exhibit VIII: Appeal Decision (CE-22-0507) 106 of 218
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Should the Hearing Officer nonetheless find that it does have jurisdiction to hear this appeal challenging the constitutionality of the Ordinance, the City would request the opportunity to provide supplemental legal briefing as to those issues.

B. Notice Was Proper
On the face of the Attachment to the Appellant’s Request for Hearing, Appellant argues in the third paragraph that, “because the Ordinance is unconstitutional, illegal and unenforceable, the Notice of Violation cannot stand and must be rescinded.” Appellant makes no other challenges to Notice here and, as explained above, the Hearing Officer lacks jurisdiction to decide whether the Ordinance was unconstitutional and thus also lacks jurisdiction to decide whether Notice was unconstitutional since it was based on an unconstitutional ordinance.

Although the Appellant does not challenge the sufficiency of Notice itself (aside from indicating it was unconstitutional since it relies on an unconstitutional Ordinance), the City would note that Notice here was sufficient for purposes of Due Process. “Due process principles require reasonable notice and opportunity to be heard before governmental deprivation of a significant property interest.” Mohilef v. Janovici, 51 Cal. App. 4th 267, 286 (1996) citing, Horn v. County of Ventura (1979) 24 Cal.3d 605, 612. “However, there is no precise manner of hearing which must be afforded; rather the particular interests at issue must be considered in determining what kind of hearing is appropriate. A formal hearing, with full rights of confrontation and cross-examination is not necessarily required.” Saleeby v. State Bar (1985) 39 Cal.3d 547, 565.

At a previous hearing regarding this violation, Appellant argued that notice was improper since it lacked specific information indicating what subsection of the HMC was violated and the rules for the hearing process. Although Appellant offered no legal authority supporting the contention that due process required such, the City, in a good faith attempt to resolve these issues, agreed to amend the notice. Following the June 30th Administrative Hearing (which was continued), the City re-inspected Smokey’s, which was still in violation of the HMU (see below), and thus issued a new Notice, which provides additional specifications which address the Appellant’s previous issues with Notice. See Exh. A, pgs. 2-3 (Notes dated “07/01/2022” Exhibit VIII: Appeal Decision (CE-22-0507) 107 of 218
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through “10/24/2022”), pgs. 52-56 (October 13, 2022, Amended Notice of Violation). The new notice undoubtedly satisfies Due Process for purposes of providing the Appellant with “reasonable notice.” It also satisfies the requirements for Notice/”Administrative Citation— Content” under HMU § 1-7.04.

C. The Violation Was Proven
Even though the Appellant does not contest the actual violation of the Ordinance or contend that the violation was not proven, for purposes of creating a clear record, the City would note that the violation here was proven, again.

Under HMU § 10-1.2783(c): “It shall be a violation of these regulations for any Tobacco Retailer or any of the Tobacco Retailer’s agents or employees to sell or offer for sale, to possess with intent to sell or offer for sale, or exchange for any form of consideration any: (1) flavored tobacco products, parts, components, or flavored tobacco paraphernalia; (2) Bidis or Beedies products; (3) Electronic smoking devices, electronic nicotine delivery systems (E-cigarettes), vaping devices, including all parts and components; (4) Electronic smoking and vaping products and vaping paraphernalia, including but not limited to, devices parts and components, e-liquies, concentrates, waxes, etc.; (5) CBD or hemp products, or any products made from derivative of, or containing any amount of a Cannabis plant intended for human consumption.” Re-Inspections: Following the continuance of the previous, June 30, 2022, administrative hearing, on July 1, 2022, Inspector Green sent Appellant a Courtesy Notice stating the following:

Dear Property owner Please be advised—After review of the Notice of Violation provided on 04/18/2022, and consideration of tenant concerns in regards to Code Enforcement Case 22-0507, Staff will be amending the original Notice of Violation provided in an effort to provide additional clarity and direction for compliance. Additionally, to assure results of the required tobacco retail inspection are current, staff will be reaching out to coordinate a new inspection for purpose of updating the current conditions. Please advise all compliance dates associated with the original Notice of Violation will be updated to reflect an adjusted timeline. Should you have any questions please feel free to reach out to me at your convenience.

Exh. A, pgs. 2-3 (Note dated “07/01/2022”), pg. 17-18 (“Courtesy Notice” dated July 4, 2022).

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On July 5, 2022, Inspector Green spoke with tobacco shop owner, Haroon, and verbally advised the City will amend the original Notice of Violation to provide clarity and direction for compliance. A verbal confirmation was agreed upon, and Inspector Green would inspect the property the following day. Exh. A, pg. 3 (Note dated “07/05/2022”).

On July 6, 2022, Inspector Green conducted a reinspection with Owner Haroon. She walked through the entire shop with the property owner and took new pictures of items in the shop that violate/were not in compliance with the Tobacco Retail License requirements. Exh. A, pg. 3 (Note dated “07/06/2022”). Numerous violations were documented.

On August 12, 2022, a Notice of Violation of the numerous violations discovered during the July 6, 2022 inspection, was sent to Appellant providing a detailed explanation of the violations and information about a progress check to verify compliance with the Notice. Exh. A, pgs. 34-45).

On August 15, 2022, another inspection was conducted for photograph clarity and, again, numerous violations were documented. The Notice of Violation related to this additional inspection was sent to Appellant on October 13, 2022, which, again, detailed the numerous violations and provided information about a progress check to verify compliance with the Notice to avoid penalties. Exh. A, pgs. 46-51.

On October 24, 2022, Inspector Green received a phone call from Smokey’s representative (attorney) requesting an administrative hearing and thus all further inspections were halted.

To date, the City has received no information from Smokey’s that it has come into compliance with HMC 10-1.2783(C).

III. CONCLUSION
Ultimately, notice here was proper, the violation has been proven and the Administrative Hearing Officer lacks jurisdiction to hear the constitutional challenges to the Ordinance, the only bases for this appeal. As such, the Hearing Officer should find that notice was proper, the violation was proven, and direct that Smokey’s has 30 days from the issuance of the Hearing Exhibit VIII: Appeal Decision (CE-22-0507) 109 of 218
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Officer’s Order to come into compliance with HMC 10-1.2783.(C). Finally, the administrative hearing fee of $946 should be upheld.

DATED: January 31, 2023 MICHAEL S. LAWSON, City Attorney By: _________________________________________
Amy S. Rothman, Deputy City Attorney
Attorney for City of Hayward
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EXHIBIT A
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From: Hannah Young <[email protected]>
Sent: Monday, October 24, 2022 5:33 PM
To: Amber Green <[email protected]>; Angelica Ventura <[email protected]>; Ankush Agarwal <[email protected]>; Phillip Nichols <[email protected]> Cc: James Anthony <[email protected]>; Drew M. Sanchez <[email protected]>;Jamila Colbert <[email protected]>
Subject: Request for Administrative Hearing for City of Hayward Code Enforcement Case CE-22-0507 for SNA Trading Inc. dba Smokey's Smoke Shop & Gifts
CAUTION:This is an external email. Do not click on links or open attachments unless you know the content is safe.

Greetings,
As you may be aware, we represent SNA Trading Inc. in the above matter. Attached please find our client's Request for Administrative Hearing regarding the Notice of Violation issued in the above case on 10/13/22. A hard copy will follow by mail.

Best,
Hannah
• ANTHONY LAvV GROUP, PC
Hannah Young (she/her)

SENIOR PARALEGAL
(510) 842-3553 office
(510) 333-7996 cell
[email protected]
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CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

ADMINISTRATIVE PENALTY AND FEE NOTICE
CIT-015083-2025
Property Owner: LUCAS ANSELMO F & CONCEICAO T ETAL
Mailing Address

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY , CA 94552
Dear property owner/tenant: A recent reinspection of the subject property showed that the following violations were not satisfactorily corrected in accordance with the Notice of Violation mailed to the property owner(s), and continue to be in violation of Hayward Municipal Code (HMC), California Building Code (CBC), California Health and Safety Code (CHS) and/or other adopted ordinances. A failed inspection and penalty fee has been assessed for continued non-compliance. Invoice is attached to this letter. Please resolve all remaining violations by the next reinspection date to avoid additional fees and penalties.

Property Location: Parcel
25088 Hesperian Blvd
Hayward, CA 94545
442-0051-034-00
VIOLATIONS/CORRECTIONS:

Violation: HMC SEC. 10-1.2783 - TOBACCO RETAIL STANDARDS - Violation of Tobacco Retail Requirements and Operational Standards
Tobacco Retail License
Corrective Action: All Tobacco Retail Sales Establishments shall abide all Federal, State and Local requirements and standards to include but not limited to the following identified violations: Please remove all flavored tobacco products (any product that has or advertises a characterizing flavor i.e. sweet, fruity, grape, watermelon, menthol, mint etc.), all cigarillos and wraps that do not contain the minimum amount (5) per pack, and any products that imitate a drug (mushroom gummies).

Unit: Area: Compliance Date: 12/10/2025
ADDITIONAL COMMENTS:

Tobacco inspections occur annually but can occur at anytime throughout the year. To avoid penalty fees and potentially the revocation of the business license, please ensure that SEC. 10-1.2780 - TOBACCO RETAIL SALES ESTABLISHMENTS is being adhered to. Reach out to Code Enforcement at ay time with any questions about tobacco laws.

Printed: 12/1/25 Page 1 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 209 of 218 CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

ADMINISTRATIVE PENALTY AND FEE NOTICE
CIT-015083-2025
You may request an Administrative Hearing within fifteen (15) calendar days from the date of this letter to dispute the facts of the violations(s) under the Hayward Municipal Code. The completed form and hearing fee must be submitted to the City of Hayward Revenue Division, 777 B St., Hayward, Ca 94541. For additional information please see the City of Hayward website at www.hayward-ca.gov or call (510) 583-4600.

Administrative Hearing Fee: $1,276.00
An inspection will be conducted on Wednesday, December 10, 2025 10:00 am, to verify compliance and determine any necessary corrections. Your presence or that of an adult over the age of 18 is required. Pets must be secured during the inspection. Fees and penalties may apply as noted pursuant to the most recently adopted City of Hayward Master Fee Schedule. Note: When applicable the City will communicate with non-profit agencies to refer homeless individuals to services prior to abatement.

Please join us in maintaining a clean, safe and attractive neighborhood for all residents. If you have any questions or wish to schedule an alternate inspection date, please call 510-583-4139.

Sincerely,
Jesse Prins
Code Inspector I
510-583-4139
[email protected]
Printed: 12/1/25 Page 2 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 210 of 218 CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

ADMINISTRATIVE PENALTY AND FEE NOTICE
CIT-015083-2025
CASE IMAGES:

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Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 211 of 218 CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

ADMINISTRATIVE PENALTY AND FEE NOTICE
CIT-015083-2025

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF ALAMEDA
I, Jesse Prins, am over the age of 18 and employed by the City of Hayward, 777, "B" Street, Hayward, Alameda County, California 94541.

On December 1, 2025, I served the following document(s) on the interested parties in this action by sending true copies as shown below for service as designated below:
1) Letter to Owner, APN:442-0051-034-00 , Case #: CE-TRLENF-2025-00085 SERVICE BY U.S. MAIL UNDER THE LAWS OF THE STATE OF CALIFORNIA

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY , CA 94552
I am familiar with this business’ practice for collection and processing of correspondence for mailing, and that correspondence will be enclosed in a sealed envelope with postage fully prepaid and deposited with the U .S. Postal Service on the date herein above in the ordinary course of business at Hayward, California.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Jesse Prins
Code Inspector I
Printed: 12/1/25 Page 4 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 212 of 218 INVOICE (EG25-26377)

FOR CITY OF HAYWARD

LUCAS ANSELMO F & CONCEICAO T ETAL
4588 CROW CANYON PL
CASTRO VALLEY , CA 94552

INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION EG25-26377 12/01/2025 12/31/2025 Due NONE

CODE CASE NUMBER FEE NAME TOTAL
CE-TRLENF-2025-00085 CE Tobacco Ordinance 1st Offense $1,500.00 SUBTOTAL $1,500.00
REMITTANCE INFORMATION TOTAL $1,500.00
City of Hayward
777 B St
Hayward, CA 94541
Please write the Invoice Number on Your Check
Make Check payable to: CITY OF HAYWARD
THERE WILL BE A $25.00 CHARGE FOR EACH RETURNED CHECK.

TO PAY IN ONLINE: Go to https://www.hayward-ca.gov/epermits and search for the Invoice number Printed: 12/1/25 Page 5 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 213 of 218 CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

ADMINISTRATIVE PENALTY AND FEE NOTICE
CIT-015083-2025
Property Owner: LUCAS ANSELMO F & CONCEICAO T ETAL
Mailing Address

SMOKEY'S SMOKE SHOP AND GIFTS
25088 HESPERIAN BLVD
HAYWARD, CA 94545
Dear property owner/tenant: A recent reinspection of the subject property showed that the following violations were not satisfactorily corrected in accordance with the Notice of Violation mailed to the property owner(s), and continue to be in violation of Hayward Municipal Code (HMC), California Building Code (CBC), California Health and Safety Code (CHS) and/or other adopted ordinances. A failed inspection and penalty fee has been assessed for continued non-compliance. Invoice is attached to this letter. Please resolve all remaining violations by the next reinspection date to avoid additional fees and penalties.

Property Location: Parcel
25088 Hesperian Blvd
Hayward, CA 94545
442-0051-034-00
VIOLATIONS/CORRECTIONS:

Unit: Area: Compliance Date: 12/10/2025
ADDITIONAL COMMENTS:

Printed: 12/1/25 Page 1 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 214 of 218 CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

Please join us in maintaining a clean, safe and attractive neighborhood for all residents. If you have any questions or wish to schedule an alternate inspection date, please call 510-583-4139.

Sincerely,
Jesse Prins
Code Inspector I
510-583-4139
[email protected]
Printed: 12/1/25 Page 2 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 215 of 218 CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

ADMINISTRATIVE PENALTY AND FEE NOTICE
CIT-015083-2025
CASE IMAGES:

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Notes:

Printed: 12/1/25 Page 3 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 216 of 218 CITY OF HAYWARD Case Number: CE-TRLENF-2025-00085
Development Services Department
Code Enforcement Division
777 B Street, Hayward, CA 94541-5007,
(510)583-4143 - Fax: (510)583-4994 -
Next Inspection Date: 10-Dec-2025 10:00 am
Failed Inspection Date: 11/17/2025
Date Case Established: 11/05/2025
Case Type: CH- Tobacco Retail Standards

ADMINISTRATIVE PENALTY AND FEE NOTICE
CIT-015083-2025

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF ALAMEDA
I, Jesse Prins, am over the age of 18 and employed by the City of Hayward, 777, "B" Street, Hayward, Alameda County, California 94541.

LUCAS ANSELMO F & CONCEICAO T ETAL

I am familiar with this business’ practice for collection and processing of correspondence for mailing, and that correspondence will be enclosed in a sealed envelope with postage fully prepaid and deposited with the U .S. Postal Service on the date herein above in the ordinary course of business at Hayward, California.

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct.

Jesse Prins
Code Inspector I
Printed: 12/1/25 Page 4 of 5
Exhibit IX: Administrative Penalty and Fee Notice (CE-TRLENF-2025-00085) 217 of 218 INVOICE (EG25-26377)

FOR CITY OF HAYWARD

LUCAS ANSELMO F & CONCEICAO T ETAL

INVOICE NUMBER INVOICE DATE INVOICE DUE DATE INVOICE STATUS INVOICE DESCRIPTION EG25-26377 12/01/2025 12/31/2025 Due NONE

Hayward City CouncilOctober 13, 2026

Hayward City Council
October 13, 2026