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Board reduces tobacco‑sales suspension for 4055 Irving liquor store to 10 days
Summary
The Board of Appeals cut a 25‑day suspension to 10 days for 4055 Irving's tobacco sales permit after learning the sale to a minor was a first offense and the clerks had asked for ID; the board cited owner mitigation steps including an ID‑checking device.
The San Francisco Board of Appeals on Nov. 14 reduced the Department of Public Health’s 25‑day suspension of a retail tobacco sales permit for 4055 Irving (A‑1 Liquor and Grocery) to 10 days.
Owner Francisca Hercules said the sale to a minor on May 19 resulted from a new clerk failing to check an ID date. Larry Kessler of DPH described the case as a first offense identified through a police decoy operation; the department’s policy typically imposes a 25‑day suspension for a first violation. Kessler noted the appellant purchased an ID‑verification device to reduce future risk.
Commissioners debated penalty proportionality and small‑business hardship. One commissioner called 25 days appropriate for deterrence; others proposed smaller reductions to balance enforcement and livelihood concerns. A motion to grant the appeal and reduce suspension to 10 days carried 3–1.
