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Board Upholds DPH Revocation of Uptown Market’s Food Permit After Audit Dispute

San Francisco Board of Appeals · January 17, 2018
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Summary

The San Francisco Board of Appeals on Jan. 17 upheld the Department of Public Healths revocation of a food facility permit for Uptown Market, finding the department's enforcement and audit supported a finding that six employees were underpaid by about $90,000; appellant counsel said the owner was denied full audit records and signed a $99,000 settlement under duress.

The San Francisco Board of Appeals voted 4-0 on Jan. 17 to uphold the Department of Public Health's revocation of Uptown Market's food facility permit after an administrative hearing about alleged unpaid minimum wages. Appellant counsel argued the business and its owner, Abdul Habashi, were denied critical audit records and signed a settlement under economic duress; DPH said Office of Labor Standards Compliance (OLSC) investigators conducted a multi‑year audit that identified underpayments to six employees totaling "over $90,000."

Appellant attorney (recorded in the hearing) said the owner was given a settlement requiring repayment of "$99,000" and "reluctantly…

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