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Board upholds 20‑day suspension for Lucky 7 sale of electronic device to minor
Summary
The Board of Appeals on May 13 upheld a 20‑day suspension issued by the Department of Public Health to Lucky 7 Smoke Shop for selling an electronic cigarette device to a minor, finding the device itself is covered by Health Code 19N and enforcement factors supported the penalty. Vote 5–0.
The Board of Appeals denied Lucky 7 Smoke Shop owner Hana Habash’s appeal of a 20‑day suspension imposed by the Department of Public Health for selling an electronic cigarette device to a minor. The department and police presented evidence from compliance checks showing the device—regardless of whether nicotine cartridge was attached—meets the Health Code definition of an electronic cigarette and may not be sold to persons under 18.
Appellant counsel said the city’s mailings to retailers lacked clarity about devices versus consumable e‑liquid and argued inconsistent treatment of other vendors. DPH responded that the state and local definitions treat the device itself as a regulated product and that the director considered failure to ask for ID, lack of retraining and the absence of operational changes when setting a 20‑day suspension. Public‑health advocates urged consistency in enforcement to prevent youth access.
President Lazarus moved to deny the appeal and uphold the department’s penalty on the basis it was appropriately issued; the motion passed 5–0.
