Board upholds 25‑day suspension of tobacco sales permit at 1400 Guerrero Street

The San Francisco Board of Appeals on Aug. 27 upheld a 25‑day suspension of the tobacco sales permit for 1400 Guerrero Street after the Department of Public Health concluded a clerk sold cigarettes to a 16‑year‑old and failed to request identification.

Appellant Raouf Nasir told the board the penalty threatened his store’s reputation and asked for a monetary fine in lieu of suspension; he said his business has operated in the neighborhood for decades and the failure was the result of a new, jet‑lagged employee. “My intent is never to sell minors,” Nasir said.

Janine Young, senior health inspector in the Department of Public Health’s Environmental Health Branch, summarized state and local tobacco enforcement and cited public‑health harms from youth tobacco access. The department reviewed other California jurisdictions and found the 25‑day suspension is consistent with local practice. Young also noted San Francisco code grants the health officer authority to suspend tobacco permits for up to 90 days for a first offense and that the department reviewed prior Board cases showing many suspensions of 25 days or more.

Commissioners discussed the statutory limits on remedies; the board concluded it lacked authority to convert the suspension to a monetary penalty and voted 4‑0 to deny the appeal and uphold the 25‑day suspension.

The decision keeps the suspension in place and follows the department’s enforcement record; Nasir said he would accept training and compliance steps but urged the board to consider the business impact and his concern about reputation.