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Board of Appeals Upholds 70‑Day Suspension for St. Paul’s Market Over Two Tobacco‑to‑Minor Violations
Summary
The San Francisco Board of Appeals on Dec. 7 upheld a 70‑day suspension of St. Paul’s Market’s tobacco sales permit after finding a second sale to a minor within 12 months. The board cited enforcement history and proximity to several schools in a 4–0 vote.
The San Francisco Board of Appeals on Dec. 7 upheld a 70‑day suspension imposed by the Department of Public Health on St. Paul’s Market after finding the business sold tobacco to a minor for a second time within a 12‑month period.
Justin Dalles, agent for St. Paul’s Market, argued the health department’s suspension amounted to double punishment because the seller also faced potential criminal prosecution under California Penal Code section 308. Dalles said the decoy was approximately 15 years old, that his client had asked for identification, and that the owner was denied the chance to re‑check the ID. “The punishment must fit the crime,” Dalles said, asking the board to reduce the suspension to one month or impose a monetary sanction instead.
Senior health inspector Eric Maher told the board the establishment previously received a 25‑day suspension for an August 2010 violation, and that a second undercover operation on June 1, 2011 produced the most recent citation. Maher said the health code allows up to a six‑month suspension for a repeat violation within a year and that the department recommended 70 days (reduced from the 90 days he often requests) because the owner did ask for ID. Maher emphasized the neighborhood context, noting multiple elementary and middle schools and a recreation center within a few blocks.
During deliberations commissioners acknowledged sympathy for the proprietor’s financial situation but stressed the board’s duty to prevent sales to minors and the need for diligence from retailers. Commissioner Huang moved to uphold the 70‑day suspension, stating findings that (1) a second sale occurred within a 12‑month period, (2) the owner was counseled by the Department of Public Health, and (3) the store is in close proximity to neighborhood schools.
On the roll call, Commissioner Fung, President Goh, Vice President Garcia and Commissioner Huang voted aye; Commissioner Peterson was absent. The motion passed 4–0 and the suspension stands.
The board’s decision preserves the director‑level penalty imposed by DPH. The case record shows the owner also may face criminal proceedings in court; the board did not alter the department’s referral or any pending prosecution.
