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Board splits on tobacco‑sales appeals: one suspension reduced, one upheld, one reduced
Summary
The Board of Appeals ruled on three tobacco permit appeals on May 18: it reduced the Chuck Store suspension to 20 days, upheld White Palace’s 25‑day suspension, and reduced US Smoke Shop’s suspension to 20 days after the Department of Public Health offered a reduction.
The San Francisco Board of Appeals resolved three appeals of Department of Public Health suspensions for sales of tobacco to minors at its May 18 meeting, reaching different outcomes for each business.
Chuck Store (249 Cortland Avenue): Antoinette Llama, co‑owner and manager, appealed a 25‑day suspension imposed after a decoy operation. Llama said she misread a new vertical California ID amid store commotion and described the sale as a ‘‘human error’’ in a 37‑year business. Health Department representative Johnson Ojo said the sale occurred and that the department’s 25‑day suspension was within the health code (which allows up to 90 days for a first offense).
After hearing testimony from neighbors and the store’s employees, Commissioner Tanya Peterson moved to grant Llama’s appeal and reduce the suspension from 25 to 20 days. The board voted 4–0 to grant the appeal and reduce the suspension; transcript materials contain an inconsistent numeric line later (see clarifying_details) but the recorded motion and roll call reflect a reduction to 20 days.
White Palace Liquors (1524 Silver Avenue): Owner Rayed Yasser appealed a 25‑day suspension, saying his clerk had little time to observe a decoy who dropped and then retrieved an ID. The department stood by its enforcement. The board voted 3–1 to uphold the 25‑day suspension.
US Smoke Shop (415 Ellis Street): Salim Aldoni (assisted by a translator) described economic hardship and asked for leniency. The Department of Public Health agreed to reduce its recommendation from 25 to 20 days in this instance. The Board voted 4–0 to grant the appeal and reduce the suspension to 20 days.
What happens next: reduced suspensions will be reflected in the department’s enforcement records; owners retain administrative and legal options if they wish to pursue further review.
