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Board upholds 20‑day suspension of All Night Pizza’s tobacco permit
Summary
The Board of Appeals denied All Night Pizza’s appeal of a 20‑day retail tobacco permit suspension after DPH testified to multiple compliance inspections and notices of violation; the board found DPH’s enforcement consistent with its regulations.
The San Francisco Board of Appeals on Nov. 10 denied an appeal from All Night Pizza (5155 Third St.) and upheld a 20‑day suspension of the store’s retail tobacco permit for sales of prohibited flavored tobacco.
Appellant Milan Choudhury told commissioners the business mistakenly stocked flavored products and had sought to remove them when told by inspectors; he asked for a warning or fine instead of suspension, saying the store serves late‑night neighbors. Deputy City Attorney Valerie Lopez, representing the Department of Public Health (DPH), said the record shows repeated compliance inspections, earlier abatement opportunities and two notices of violation; DPH’s regulations set progressive minimum suspension thresholds and the 20‑day penalty was consistent with those rules. DPH staff said the department has previously conducted outreach to all retailers and that the department’s enforcement is education‑first but that repeated violations prompted a suspension.
Commissioners discussed whether the violations suggested an honest confusion over labeling or repeated non‑compliance. After deliberation the board voted to deny the appeal and uphold DPH’s 20‑day suspension, 3–0 (President recused).
