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Board upholds 20‑day suspension of retailer’s tobacco permit after e‑cig sale to minor
Summary
The Board of Appeals upheld a 20‑day suspension imposed by the Department of Public Health for a store that sold an electronic cigarette to a minor. DPH cited outreach and decoy enforcement (15 of 80 stores selling to minors in a recent operation). The board voted 5‑0 to uphold the suspension.
The Board of Appeals on May 6 upheld a 20‑day suspension of the tobacco retail permit for Right Buy Grocery after a DPH decoy operation found the store sold an electronic cigarette to a minor.
Appellant Jamar Taha said he had run the corner grocery for 20 years and that he had not been properly informed about e‑cigarette rules. He told the board he believed his wholesaler had not communicated new requirements and that prior health‑department visits were infrequent. “The first time I heard anything from the health department was March 12,” Taha said in rebuttal.
City Attorney Alita Van Ronkel and DPH manager Jean Weintraub answered that outreach materials and an informational packet about the city’s tobacco‑retail requirements — including the inclusion of e‑cigarettes — were distributed to permit holders in mid‑2014 and translated into multiple languages. Weintraub described the decoy enforcement operation and provided the program’s results: in an Oct–Dec 2014 operation, 80 stores were visited and 15 were found to have sold e‑cigarettes to minors. DPH explained its suspension decision was consistent with past penalties for like violations, and that the director reduced the recommended suspension from 25 to 20 days because it was a first offense.
Public‑health advocates from Breathe California and the San Francisco Tobacco Free Coalition urged the board to uphold the suspension to protect youth and preserve the intent of the city’s ordinances. After questions about strict‑liability aspects of the law and enforcement history from commissioners, President Anne Lazarus moved to deny the appeal and uphold the 20‑day suspension. The motion carried 5‑0.
What’s next: The suspension stands. DPH staff said other enforcement matters from the decoy operations are in process; the affected permit holder may pursue further administrative remedies if available.
Attribution: Testimony and briefing recorded at the May 6 hearing from Jamar Taha (appellant), Alita Van Ronkel (City Attorney speaking for DPH) and Jean Weintraub (DPH regulatory manager).
