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Board upholds 7‑day suspension for 7‑Eleven permit after underage‑sales decoy
Summary
The Board of Appeals denied an appeal from the 7‑11 at 4850 Gary Blvd and upheld a seven‑day suspension imposed by the Department of Public Health after a March decoy operation found a clerk sold tobacco to a 20‑year‑old.
The San Francisco Board of Appeals on Nov. 7 upheld a seven‑day suspension imposed by the Department of Public Health on a retail tobacco sales permit for a 7‑Eleven franchise at 4850 Gary Boulevard.
DPH counsel Valerie Lopez told the board the sale violated San Francisco Health Code Article 19H and state law; Officer Patrick Mackey of the San Francisco Police Department described the March 7 decoy operation in which a 20‑year‑old decoy was sold a pack of Newport cigarettes. Mackey said the decoy produced a valid California ID and the clerk accepted marked funds; after the sale the clerk was cited.
Inspector Uziel Prado said the permit holder could have reduced a 25‑day recommended suspension to zero by implementing three mitigation measures; the operator implemented two of three measures and thus reduced the discipline to seven days but declined to install an opaque covering for tobacco products that would have eliminated suspension. The permit holder, Yaya Aldebayani, testified he trains staff and worried the suspension would harm his business but acknowledged he had been offered mitigation options.
Vice President Svigg moved to deny the appeal and to uphold the director’s order; President Fung and Commissioners Honda and Tanner voted to deny the appeal and uphold the seven‑day suspension.
