Board of Appeals leaves 20‑day suspension of Tony’s Market tobacco permit in place

The San Francisco Board of Appeals on Jan. 8, 2025 heard an appeal by Tony’s Market and Liquor of a 20‑day suspension of the store’s retail tobacco permit, but the board did not adopt any motion to overturn or reduce the Department of Public Health’s penalty. By operation of law the department’s 20‑day suspension remains in effect.

The appeal challenged the director’s hearing order issued Nov. 25, 2024 suspending tobacco permit T94075 for a second violation of the San Francisco Health Code related to the sale or display of restricted electronic cigarettes that lack FDA premarket authorization. Appellant Sadik, who identified himself as the business operator, told the board the products had been inadvertently left “all the way in the back, but, yeah, people if someone try to see it very well, then they can see it,” and asked the board to remove or shorten the suspension to avoid severe financial harm.

The Department of Public Health (DPH) — represented at the hearing by Principal Environmental Health Inspector Michelle Vega — told the board inspectors had discovered prohibited products at the store on two separate compliance checks and that DPH had previously conducted education and…