Board of Appeals leaves 20-day suspension for Tony’s Market in place after appeal fails

The San Francisco Board of Appeals on Jan. 8, 2025 left in place a 20‑day suspension of the retail tobacco permit for Tony’s Market and Liquor after failing to adopt a motion to overturn the Department of Public Health’s enforcement action.

The suspension, imposed by the Department of Public Health (DPH) on Nov. 25, 2024, relates to the sale or display of restricted electronic cigarettes that DPH says lack U.S. Food and Drug Administration premarket authorization. The permit at issue is retail tobacco permit number T94075; the administrative action was appealed to the board as appeal number 20Four‑sixty4.

DPH staff told the board the business had been the subject of two compliance checks and an educational enforcement campaign since the law took effect. “Appellant does not challenge the compliance check… nor does the appellant deny violating Article 19 R 0.2 by stocking and reselling restricted electronic cigarettes on‑site,” DPH principal inspector Michelle Vega told…