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Board upholds denial of tobacco permit in Bayview under new density cap
Summary
An appeal seeking a tobacco sales permit at 3801 Third Street was denied because the Bayview Hunters Point supervisorial district exceeded the newly enacted cap of 45 permits; the ordinance disallows new locations that never previously held tobacco permits. The Board voted 5–0 to uphold the denial.
The Board of Appeals upheld the Department of Public Health’s denial of an application to issue a new tobacco sales establishment permit for 3801 Third Street. Under a December 2014 ordinance implementing a cap (San Francisco Health Code §19H), locations in a supervisorial district that exceed 45 permitted establishments are generally ineligible for new tobacco permits except under limited exceptions that did not apply in this case.
Appellant Anwar Imtar and supporters described longstanding local businesses and argued economic hardship in a low‑income neighborhood; the department and public‑health advocates emphasized the ordinance’s public‑health purpose to reduce retailer density and youth exposure. Planning/DPH staff explained the statute includes a look‑back date and that the director lacked discretion to issue the permit under the code as written.
The board found the director’s denial appropriate and upheld it by a 5–0 vote.
