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Board of Appeals upholds denial of Electric City tobacco permit
Summary
The San Francisco Board of Appeals denied Electric City’s appeal of a Department of Public Health decision to deny a retail tobacco sales permit at 1347 Polk Street, finding the business did not meet local density and proximity rules and no applicable exception applied.
The San Francisco Board of Appeals on March 27 upheld the Department of Public Health’s denial of a retail tobacco sales permit for Electric City at 1347 Polk Street, rejecting the shopkeeper’s claim that prior city inaction and a state license allowed tobacco sales.
Deputy City Attorney Henry Lifton told the panel there were “really no disputed facts” that control the case: the site is within 500 feet of a school, within 500 feet of four permitted tobacco retailers, and is located in a supervisorial district that already exceeds…
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