Administrative Appeal Hearing
Manhattan Beach Smoke Shop
dba Redondo Smoke Shop and Hookah
Redondo Beach, CA 90278
Introductions
•Stephanie Johnson, Senior Deputy City Prosecutor
•Lieutenant Michael Strosnider, Redondo Beach Police Department •Sergeant Joshua Spry, Redondo Beach Police Department
Business License #330177
• Issued to Business Owner, Feras Adamo
• Smoke Shop located at 2205 Artesia Blvd, Redondo Beach • Business license revocations governed by Redondo Beach Municipal (“RBMC”) 6-1.26 and 6-
1.27 RBMC 6-1.26 (b)
Any business license issued by the City of Redondo Beach may be temporarily suspended, revoked or have new
conditions imposed where the licensee has violated any
provisions of this Code, any ordinance of the City or any other provision of law.
Violations of Law
•California Department of Tax and Fee Administration (“CDTFA”), along with the Redondo Beach Police Department (“RBPD”) conducted an inspection on March 18, 2025
•Citation was issued for violating Business and Professions Code Section 22974.2(a)
Health and Safety Code Section 104559.5(b)(1)
"A tobacco retailer, or any of the tobacco retailer’s agents or employees, shall not sell, offer for sale, or possess with the intent to sell or offer for sale, a flavored tobacco product or a tobacco product flavor enhancer." Health and Safety Code Section 104559.5
• Tobacco Product: any a product containing, made, or derived from tobacco or nicotine intended for human consumption, including cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff. It can also include electronic devices that deliver nicotine or other vaporized liquids to the person inhaling. • Flavored Tobacco Product: any tobacco product that contains a constituent that imparts a characterizing flavor.
• Characterizing Flavor: any taste or odor distinguishable by an ordinary consumer, either prior to or during consumption, other than the taste or odor of tobacco, including fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, spice, or any cooling sensation.
• Tobacco Flavor Enhancer: any product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to a tobacco product.
RBMC Section 5-9.205
Tobacco Enforcement
•State Level: increased enforcement actions by CDTFA commenced in January 2025, three years after the statute took effect
•Local Level: RBPD has been tasked with ensuring that licensed smoke shops within the City are in operating in accordance with state and local laws
Sergeant Spry Background, Training and Experience
• Sergeant with RBPD
• 26 years experience, including 15 years with RBPD and 10 years with the LA School Police • Extensive experience in investigating narcotic sales-related cases, particularly involving career criminals CDTFA Inspection 3/18/25 – Manhattan Smoke Shop
•RBPD coordinated with CDTFA to conduct a joint inspection at this location • CDTFA conducted the inspection in accordance with Business and Professions Code Section 22980(a)(1) and Revenue and Tax Code Section 30435
Entry into Manhattan Smoke Shop
• Business was open
• Employee was working
•Point of sale device operational
• CDTFA and RBPD wearing identifiable attire
•CDTFA made contact with employee
•Inspection commenced
Locations of Flavored Banned Tobacco
1. Retail Sales Floor
2. Unlocked Cabinet
3. Locked Storage Room
Retail Sales Floor
Unlocked Storage Cabinet
Locked Storage Room
Seizure of Flavored Tobacco and Nicotine
•1,630 units seized
•Retail value approximately $24,644.00
•Citation issued
Opinion: Possession with Intent to Sell
•Open for business
•Employee working
•Operational point of sale device
•Quantity of items seized
•Location of items
•Accessibility to public and employees
•Commercial activity rather than personal use
Lieutenant Strosnider
Background, Training and Experience
•32 years of law enforcement experience
• 8 years as mainline Detective, 5 years as Sergeant in the Special Investigations Unit, currently Lieutenant of the Investigations Division
•Conducted hundreds of investigations, written 1000s of reports, rendered qualified opinions regarding cases
Coordination with CDTFA
•Obtained declaration from Inspector Benitez
•Obtained photographs from inspection date
•Obtained photographs for inventoried products
Declaration by CDTFA Inspector Benitez
Inspector Benitez Qualifications
Smoke Shop Open for Business
Flavored Banned Tobacco Products on Display
Flavor Banned Products in Locked Storage Room
Flavor Banned Products in Unlocked Cabinet
Violations of Law
•Business and Professions Code Section 22974.2(a)
•Health and Safety Code Section 104559.5(b)(1)
Appeal Standard
• De Novo – City Council making an independent assessment of the evidence and determining the outcome of this business license
• Administrative proceedings are civil matters
• Preponderance of the evidence, meaning the evidence must show that the allegations are more likely true than not
Permanent Revocation
• Violated RBMC 6-1.26(b)
• Violations of Tobacco Control Laws found during the inspection on March 18, 2025 • Impose a permanent revocation of business license #330177 Questions
Business License
Appeal
City Attorney’s Office
February 24, 2026
RBMC 6-1.26
(a)Where the City Manager (or designee) finds and
determines that the preservation of the public health, safety, and peace demand revocation of such license or permit;
(b) Where the licensee or permittee has violated any
provisions of this Code, any ordinance of the City or any other provision of law;
(c) Where a permit or license has been granted on false or fraudulent evidence, testimony or application;
2 RBMC 6-1.26
(d) Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them;
(e) Where the business has been conducted as to be a public nuisance;
(f) Where acts of sexual misconduct, or prostitution, have been committed within the course and scope of business
operations; or
3 4
Procedure
• Motion to receive and file the affidavit of publication, exhibits and written correspondence.
• Close public hearing
• Deliberate
• Make findings
• Vote to reinstate business license, suspend business
license, permanently revoke license, or reinstate
business license with conditions
Business License
Appeal
City Attorney’s Office
February 24, 2026
RBMC 6-1.26
(a)Where the City Manager (or designee) finds and
determines that the preservation of the public health, safety, and peace demand revocation of such license or permit;
(b) Where the licensee or permittee has violated any
provisions of this Code, any ordinance of the City or any other provision of law;
(c) Where a permit or license has been granted on false or fraudulent evidence, testimony or application;
2 RBMC 6-1.26
(d) Where the licensee has conducted the business in an immoral or disorderly manner, or has failed to exercise reasonable efforts to maintain order among the customers and patrons and to prevent violation of law or ordinance by them;
(e) Where the business has been conducted as to be a public nuisance;
(f) Where acts of sexual misconduct, or prostitution, have been committed within the course and scope of business
operations; or
3