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Board of Appeals upholds 30‑day suspension of Cairo Knights tobacco permit
Summary
The San Francisco Board of Appeals on Sept. 14, 2011, upheld a 30‑day suspension of Cairo Knights’ tobacco-product sales permit after Department of Public Health evidence that smoking occurred in an enclosed shop above residential units and tenants complained of secondhand smoke.
The San Francisco Board of Appeals on Sept. 14 upheld a 30‑day suspension of Cairo Knights’ tobacco‑product sales permit after the Department of Public Health said the shop repeatedly allowed indoor smoking that affected residents in the mixed‑use building.
Catherine Varani, who identified herself as representing Cairo Knights, asked the board to delay enforcement for about 30 days while she searched for new premises. "We're a small business," Varani said, asking that the suspension be effective after a short window so the shop could relocate.
Terrence Howzel, appearing for the Department of Public Health, detailed the agency's timeline: a notice to comply in December 2010, a notice of violation on June 18, 2011, an abatement conference on June 28 and a director's hearing on July 13. Howzel said residents had complained of secondhand smoke "all the way up into the tenth floor" and that the health code "expressly prohibits" the conduct that took place in a building with residences above the business.
Tenants spoke at the hearing. Kathleen McNamara said she represented 13 letters from neighbors and described persistent smoke, loud nighttime disturbances and harassment by patrons. "Cairo Knights has not only flouted the orders of the Health Department and Fire Department, but ... severely negatively impacted our lives," McNamara said. Bob Gordon of the San Francisco Tobacco Free Coalition cited national health data and recent studies showing rising hookah use among young adults.
Varani rebutted that her business banned alcohol, hired cleaners and weekend security and that customers largely sought a social space. DPH counsel said granting a continuance would permit continued violations and further harm tenants' health.
Vice President Michael Garcia moved to uphold the 30‑day suspension on the basis of the health‑code violations listed in the director's decision. The board voted 4‑0 to affirm the suspension.
The board recorded the vote and moved on to the next calendar item. The suspension will be effective as stated in the Department of Public Health decision.
