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Board trims 30‑day tobacco‑sales suspension to 25 days for Monterey Boulevard store
Summary
The San Francisco Board of Appeals reduced a 30‑day suspension of a tobacco sales permit for Quick & Convenient at 600 Monterey Blvd to 25 days after hearing the proprietor’s attorney argue the penalty could imperil a small business; the Department of Public Health said local ordinance does not authorize monetary fines.
The San Francisco Board of Appeals voted to reduce a 30‑day suspension of a tobacco sales permit at Quick & Convenient, 600 Monterey Boulevard, to 25 days on Oct. 17, 2012.
At the hearing, Howard Hibbert, attorney for the permit holder, told the board the uniform 30‑day penalty applied by the Department of Public Health (DPH) is “arbitrary and capricious” and could be “perilous to her business.” He urged the board to allow an alternative monetary fine or to cut the suspension, saying his client has operated the store for 20 years and could lose regular customers during a 30‑day closure.
Larry Kessler of the Department of Public Health said the department’s action followed a director’s hearing that upheld the 30‑day suspension based on a police report alleging a sale to a minor. Kessler told the board that “our ordinance here in San Francisco… it doesn't allow for any kind of monetary penalty,” and that the department historically used 30 days as a standard first‑offense suspension. He also said the department planned to move forward with a 25‑day default notice after reviewing the first round of cases.
Commissioners questioned whether evidence of the store’s likely financial harm had been presented at the administrative hearing. Hibbert said he had not been allowed to present financial documentation at the earlier proceeding and offered the owner’s willingness to pay a $5,000 fine as an alternative to suspension if the board allowed it.
After debate about departmental authority and the absence of financial evidence in the record, Vice President Frank Fung moved to grant the appeal in part and reduce the suspension to 25 days. The motion carried on a 3‑1 vote. The board’s decision modifies the length of the permit suspension but does not add authority for a monetary fine; DPH maintains fines are not in the local ordinance and would require a change in law or an alternative legal mechanism.
The board did not impose other conditions. The matter was closed for the evening pending the adjusted suspension period.
