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HomeMy WebLinkAboutNOI - Tobacco Retailer Permit - Dreamy Exotics CITY OF CAMPBELL Community Development Department Via: First Class Certified United States Mail June 3, 2026 Salah Mohamed Dreamy Exotics 835 Union Avenue Campbell, CA 95008 Property Owner: AT4 LLC 14900 Nelson Way San Jose CA 95124-3526 RE: Notice of Intent to Revoke Tobacco Retailer Permit Permit No.: BL# 036058 Permit Location: 835 Union Avenue Campbell, CA 95008 Dear: Mr. Mohamed and AT4 LLC The City of Campbell hereby provides written notice that the Tobacco Retailer Permit issued for the above-referenced location will be revoked effective June 18, 2026, unless a timely appeal is filed as set forth in this notice. This intended revocation is being made pursuant to Campbell Municipal Code Chapter 5.58 (Tobacco Retailer Permit) and is based on the findings and administrative record set forth below. Basis for Revocation The City has determined, based on a preponderance of the evidence, that grounds exist for revocation of the Tobacco Retailer Permit for the following reason: Under Section 5.58.110 of the Municipal Code, any business with a tobacco retailer permit shall be subject to penalties and enforcement if they violate any local, state, or federal laws applicable to tobacco products, tobacco paraphernalia, or tobacco retailing. On March 5, 2025, during an inspection of the business, Campbell police officers identified a large amount of flavored tobacco products on display and officers also documented items labeled as containing Psilocybin and THC, the active ingredient in Notice of Intent to Revoke Tobacco Retailer Permit Page 2 of 4 Marijuana. On February 10, 2026, during an inspection of the business, Campbell police officers found psilocybin and psilocybin edible products as well as flavored nicotine for sale. The sale of psilocybin is a violation of state and federal law, in addition to flavored tobacco which is a violation of state law. Effective Date of Revocation This revocation shall become final unless a timely appeal is filed as described below. Unless appealed, this revocation will become final upon the expiration of fifteen (15) calendar days from the date of mailing of this notice. If no appeal is timely filed, the Tobacco Retailer Permit for the above-referenced location shall be revoked, and tobacco retailing at the location must cease. Upon revocation becoming final, the permittee shall immediately cease all tobacco retailing activities at the permitted location. A tobacco retailer without a valid permit, or whose permit has been revoked, may not keep tobacco products or tobacco paraphernalia within public view or display any advertisement relating to tobacco products or paraphernalia that promotes the sale or distribution of such products or that could lead a reasonable consumer to believe such products are available at that location. Appeal Procedure This intended revocation may be appealed to the City Council. An appeal is the sole means by which this determination may be reviewed. A written appeal must be filed with the City Clerk within fifteen (15) calendar days of the date of mailing of this notice. Because this notice is dated June 1, 2026, the appeal must be received by the City Clerk no later than Thursday, June 18, 2026. The appeal must be filed in writing with: City Clerk City of Campbell 70 N. First Street Campbell, CA 95008 A timely and complete appeal will result in the scheduling of a public hearing before the City Council for de novo review of this determination. The filing of an appeal is the act that initiates Council review. All appeals must be accompanied by the applicable appeal filing fee of $300.00, in effect at the time of filing, and must include any supporting materials required by the Municipal Code. An appeal is not deemed complete and will not be processed or scheduled for Notice of Intent to Revoke Tobacco Retailer Permit Page 3 of 4 hearing unless the required fee and all required submittals are received within the appeal period. Failure to file a complete and timely appeal shall result in this revocation determination becoming final without further action by the City. Hearing Procedure If a timely appeal is filed, the City Clerk will schedule a public hearing before the City Council. Notice of the hearing will be mailed to the permittee at least ten (10) days prior to the hearing. Notice will also be mailed to the property owner of the property for which the permit was issued at the address listed on the last equalized assessor’s roll. The hearing will be placed on the City Council agenda within sixty (60) calendar days after the filing of the appeal, subject to continuance by the City Council. The City Council will conduct a de novo hearing and will independently review the matter. The permittee will be afforded an opportunity to present evidence and argument. Following the hearing, the City Council will issue a written decision setting forth its findings. Failure to Appeal If no appeal is timely filed, this revocation shall become final without further action by the City. After that date, the Tobacco Retailer Permit for the above-referenced location will be revoked, and tobacco retailing at the location must cease unless and until a new permit may be lawfully issued under Campbell Municipal Code Chapter 5.58. Effect of Revocation on Future Permits Pursuant to Campbell Municipal Code Section 5.58.160, after a first revocation at a location within any sixty (60) month period, no new tobacco retailer permit may be issued for that location until one (1) calendar year has passed from the date of revocation. After a second or subsequent revocation at a location within any sixty (60) month period, no new permit may be issued for that location until five (5) calendar years have passed from the date of the most recent revocation. Reservation of Rights This notice does not waive, limit, or preclude any other remedy available to the City under Campbell Municipal Code Chapter 5.58 or other applicable law, including civil, criminal, administrative, nuisance abatement, injunctive, or other enforcement remedies. Contact Information Notice of Intent to Revoke Tobacco Retailer Permit Page 4 of 4 Please direct any questions regarding the Appeal Procedure or Hearing Procedure to the City Clerk’s Office at (408) 866-2117 or by email at clerksoffice@campbellca.gov. All other questions regarding this notice may be directed to 408-866-2141 or by email at robe@campbellca.gov. Sincerely, Rob Eastwood Community Development Director cc: Andrea Sanders, City Clerk Brian Loventhal, City Manager