Board reduces 25‑day tobacco‑sales suspension for Fillmore store to 15 days

The San Francisco Board of Appeals on July 16 reduced a 25‑day suspension of Its Market’s tobacco‑sales permit at 1561 Fillmore Street to 15 days, finding the case involved a first‑time violation but noting public‑health concerns around nearby schools.

Robert Cummings, counsel for owner Alex Kim, urged leniency and described the potential economic harm of the full 25‑day suspension. “The 25 day suspension will be catastrophic to his business,” Cummings said, emphasizing that cigarette sales account for a significant share of the store’s revenue and that the owner had trained employees and maintained a high inspection score.

Janine Young, Senior Health Inspector with the Department of Public Health, reviewed the police decoy operation that led to the enforcement action and urged upholding a significant suspension as part of the department’s enforcement policy. Young noted the department may suspend retail permits up to 90 days for first‑time violations but had chosen 25 days in this case; she also cited the concentration of schools within a short walk of the store and said the Department’s practice is consistent across similar cases.

Community speakers, including Reverend Arnold Townsend, spoke in support of the store owner, saying the market did not have a reputation for selling to minors. Commissioners debated penalty levels: some cited the large nearby student population as a compelling reason for a longer suspension, while others viewed the incident as a one‑off that merited leniency. Commissioner Fung moved to reduce the suspension to 15 days on the basis that it was a first offense; the board approved the reduction 4–1.

The board’s order reduces the suspension to 15 days and leaves open standard enforcement follow‑up; the Department of Public Health retains authority to pursue further enforcement for future violations.