Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Public Health Enforcement topic
No spam. Unsubscribe anytime.
Board upholds 20-day suspension for West Portal market that sold cigarettes to a minor
Summary
The San Francisco Board of Appeals on April 11 upheld a 20-day suspension of Easy Freezy’s tobacco sales permit after Department of Public Health testimony that the store sold cigarettes to a 16-year-old and that the director imposed a reduced suspension considering first-offense mitigation.
The San Francisco Board of Appeals on April 11 upheld a 20-day suspension of Easy Freezy’s tobacco sales permit for a violation on Dec. 14, 2011, when the market sold a pack of cigarettes to a 16-year-old.
At the hearing, owner Rajai Al Khalidi described severe financial strain at his West Portal market and said the clerk involved was young and that the sale was a mistake. Janine Young, a senior health inspector with the Department of Public Health (DPH), told the board that DPH’s investigation found the clerk asked for identification but sold the cigarettes anyway and that the store lacked visible ID reminders when she inspected it.
Young said the director considered mitigation for a first-time offense and had reduced the potential penalty to a 20-day suspension. Commissioners expressed sympathy for the appellant’s economic concerns but also emphasized the public-health purpose of enforcement aimed at preventing youth access to tobacco. President Michael Garcia moved to uphold the DPH order on the basis stated in the department’s decision; the board voted 3–2 to uphold the 20-day suspension.
Outcome: The board upheld the 20-day suspension; the operator may seek any administrative or judicial remedies available outside of this appeal process.
What’s next: The order stands as issued by DPH and will be implemented according to the department’s enforcement calendar.
