Board of Appeals upholds DPH denial of retail tobacco permit for San Francisco Eagle Bar

The San Francisco Board of Appeals on April 9, 2025, denied an appeal by the San Francisco Eagle Bar and upheld the Department of Public Health ecision to deny a retail tobacco sales permit for the property at 398 Twelfth Street. The board voted 3-0 to deny the appeal.

The board said the denial was governed by the city ensity rules adopted in 2015 and by Health Code Article 19H, which limit new retail tobacco permits where a supervisorial district already meets a permit cap or where a proposed location is within 500 feet of an existing permit holder. Deputy city attorney Adam Radke told the board: "When the density rules went into effect in 2015, new permittees will be denied if they, among other restrictions, are within 500 feet of an existing permittee, are in a district, supervisorial district with 45 or more permits, or where the main purpose of the applicant is offering food and applicant and the department denied that permit in February of 2025 for those reasons."

Why it matters: the decision applies the Board of Supervisors'015 policy to limit new tobacco retail outlets in San Francisco and affects any business in Supervisorial District 6 seeking a retail tobacco permit. The board said it lacked authority to grant relief that would conflict with the ordinance and recommended legislative remedies if the applicant sought an exception.

Board decision and legal basis The Department of Public…