HomeMy WebLinkAboutCC Resolution 26-13414 - Public Hearing to Consider Adoption of a Resolution revoking Business License for Sage Smoke ShopRESOLUTION NO. 26-13414
BEING A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
REVOKING THE BUSINESS LICENSE FOR SAGE SMOKE SHOP 484 WEST
HAMILTON, CAMPBELL
WHEREAS, Sage Smoke Shop, located at 484 West Hamilton., operates under a Business
License and a Tobacco Retailer Permit issued on January 27, 2025 (BL#036798) to operate as a
Tobacco Store and to sell tobacco and tobacco related paraphernalia; and
WHEREAS, pursuant to Section 5.01.140 (Revocation generally.) of the Campbell's Municipal Code
("CMC"), any business license is subject to revocation based on complaints received, including a written
report of the chief of police or any officer disclosing the asserted violations of law or ordinance; and
WHEREAS, during an inspection of the business by Campbell police officers on March 5, 2025, a large
amount of flavored tobacco products was found on display for sale; in total, police officers seized 959
flavored tobacco products; during a second inspection on January 20, 2026, plain clothes police officers
were sold flavored tobacco products; and
WHEREAS, sales of flavored nicotine from the business is a violation of State Law; California Health
and Safety Code section 104559.5 prohibits the retail sale of most flavored tobacco products and
tobacco product flavor enhancers; and
WHEREAS, the actions of the business documented on March 5, 2025 and January 20, 2026, by
Campbell police officers constitute grounds for revocation of the business license under Section
5.01.145 (Grounds for revocation.) of the Campbell Municipal Code; and
WHEREAS, the Campbell City Council finds that revocation of the Business License for Sage Smoke
Shop is not a "project" subject to the California Environmental Quality Act because the action is an
administrative enforcement action that will not result in either a direct physical change in the
environment or a reasonably foreseeable indirect physical change in the environment, and because the
action revokes City -issued authorization for the business to continue operating under the subject
Business License and Tobacco Retailer Permit based on documented violations, and does not approve
any construction, change in land use, physical development, or other activity that may cause a physical
environmental effect, and therefore is not subject to CEQA pursuant to Public Resources Code section
21065 and CEQA Guidelines section 15378; and
WHEREAS, in the alternative, even if the revocation action were considered a project under CEQA,
the Campbell City Council finds that the action is exempt from CEQA under the common sense
exemption in CEQA Guidelines section 15061(b)(3), because it can be seen with certainty that
revocation of a business license and tobacco retailer permit for an existing business will not have a
significant effect on the environment, as the action is regulatory and enforcement -related, does not
authorize physical changes to the property, and does not commit the City to any future physical
development or use of the site; and
WHEREAS, Campbell Municipal Code Section 5.01.155 (Notice of hearing on revocation), which
relates to business license revocations, requires that the City mail notices to the business licensee and
the subject property owner at least five prior to the scheduled Council hearing to consider revocation
of the Business License and Tobacco Retailers Permit;
City Council Resolution No. 26-13414 Page 2 of 2
Revocation of Business License and Tobacco Retailer Permit for Sage Smoke Shop
WHEREAS, consistent with the requirements of Campbell Municipal Code Section 5.01.155 (Notice of
hearing on revocation), the City Clerk has mailed notices to the subject business licensee and property
owner ten days prior to the July 7, 2026, Council meeting in accordance with these requirements; and
WHEREAS, the Campbell City Council has accepted public testimony as part of the noticed public
hearing and has reviewed the entire administrative record prior to making a decision regarding this
revocation.
Based upon the foregoing findings of fact and in consideration of the entire administrative record, the
City Council further finds and concludes that:
Business License Revocation Findings (CMC Sec. 5.01.145 — Grounds for revocation.):
(1) The continuance of the operations of the licensee under the license is contrary to the public
health, safety, peace, welfare, and morals,
(2) The licensee has violated penal provisions of this title or other applicable law,
(3) The applicant misrepresented a material fact in obtaining a license under this tile;
(4) The conduct of the business constitutes a public nuisance, or is otherwise illegal, improper or
disorderly.
NOW, THEREFORE, BE IT RESOLVED, the City Council finds that the action is not a project subject
to the California Environmental Quality Act pursuant to Public Resources Code section 21065 and
CEQA Guidelines section 15378, and, in the alternative, is exempt from CEQA pursuant to CEQA
Guidelines section 15061(a)(3); affirms that the grounds for revocation have been met under Sections
5.01.140 (Revocation generally.) of the Campbell Municipal Code; and hereby revokes the Business
License for Sage Smoke Shop located at 484 West Hamilton, Campbell.
PASSED AND ADOPTED this 7th day of July, 2026, by the following roll call vote:
AYES: Councilmembers: Lopez, Bybee, Furtado
NOES: Councilmembers: Hines
ABSTAINED: Councilmembers: Scozzola
ABSENT: Councilmembers: None
APPROVED:
Daniel E. Furtado, ayor
ATTEST:
('114AG QiJ'1
Andre anders, City Clerk