TOBACCO RETAIL LICENSE PROGRAM
In 2014, the City of Hayward adopted the Tobacco Retail License Ordinance, HMC Section 10-1.2780, to monitor the responsible sales of tobacco products and help eliminate the sale of tobacco products to minors. The Ordinance requires tobacco retailers obtain a valid City of Hayward Tobacco Retailer License (TRL) to monitor compliance with all applicable State, Federal, and local tobacco regulations.
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.
City of Hayward Tobacco Retail License (TRL)
Pursuant to the Tobacco Ordinance, new tobacco retail establishments are required to obtain approval of a conditional use permit in accordance with HMC Section 10-1.3200, in addition to a City of Hayward Tobacco Retail License (TRL) and a California Tobacco License prior to operation.
Approved tobacco retail establishments are required to have a valid annual Tobacco Retailer License (TRL) and comply with the Tobacco Retail Sales Requirements and Operational Standards, HMC Section 10-1.2783, at all times. Valid TRLs are not transferrable from person to person or one location to another. A new TRL is required for changes in proprietor(s) and/or location. Expansion or changes in the use of an existing valid tobacco retail establishment deemed legal non-conforming requires approval of a new conditional use permit and tobacco retail license.
The term of a TRL begins in the first day of each calendar year.
Monitoring and Compliance
Compliance of the tobacco regulations is enforced by the Code Enforcement Division and Hayward Police Department, typically in random order and include decoy operations throughout the year to verify tobacco products are not being sold to minors at any time and the tobacco retail establishment is in compliance with the City’s, local, State and Federal tobacco sales laws.
Tobacco retailers can prepare for inspections by reviewing the TRL Inspection Checklist (however, not limited to), the Tobacco Retail Sales Ordinance, HMC Section 10-1.2780 through 10-1.2795, and the additional informational handouts of prohibited tobacco product examples and frequently asked questions (see links below).
Additional Resources for Tobacco Consumers and City of Hayward Residents
The City recognizes the potential impacts the adopted Tobacco Ordinance regulations may have on tobacco consumers and the City of Hayward residents.
Tobacco Free Alameda County is the County’s leading source on tobacco-related news, support, and resources related to tobacco regulation and policy. Their website provides information to residents, tools for policy makers and an opportunity for supporters to help advance the smoke-free movement. To get help to quit smoking; learn how to protect yourself from secondhand smoke; or obtain additional information, please visit https://www.acgov.org/wellness/disease/smoking.htm, or the County of Alameda County Public Health Department at (510) 267-8000.
City of Hayward Program Contact Information
If you have additional questions regarding the City’s Tobacco Retail License Program, you may email the Code Enforcement Division at: Community.Preservation@hayward-ca.gov or call 510-583-4143; or submit a customer request via ACCESS Hayward located in the City’s website at www.hayward-ca.gov; or by calling Code Enforcement at (510) 583-4143.