Board lets 25‑day suspension of UC Market's tobacco permit stand after tie vote

The San Francisco Board of Appeals on April 10 left in place a 25‑day suspension of a retail tobacco permit for UC Market (1251 Third Avenue) after a 2‑2 split vote. Under the board’s rules, four votes are required to overturn or modify a departmental action, so the suspension stands by default.

Appellant Sayum Mekonnen acknowledged an employee sold tobacco to a 16‑year‑old in a police decoy operation and described the business’s precarious finances and the hardship a 25‑day suspension would impose. “I have two employees…my financial situation is very bad at this time,” Mekonnen told the board as he asked for leniency.

Larry Kessler, Program Manager for the Department of Public Health’s tobacco permitting program, presented the department’s case. He said a police decoy operation found an employee failed to check identification and completed a sale to a 16‑year‑old, and that the neighborhood has multiple schools within 2,000 feet of the market. "Based on this police report, DPH issued a 25‑day suspension notice to the owner," Kessler said.

Board members debated the severity of the penalty and the business’s first‑offense status. One commissioner proposed reducing the suspension to 10 days in light of financial hardship; others emphasized the board’s and department’s role in preventing sales to minors and cited the number of schools nearby as a reason to maintain the full 25‑day penalty. A motion to uphold the suspension carried only a 2‑2 tie; absent a four‑vote majority to overturn DPH action, the suspension remains effective.

The suspension applies to retail tobacco sales only; the store may continue to sell other goods during the suspension period. The Department of Public Health requested the board uphold the suspension to reinforce youth‑protection enforcement.