Board debates, then leaves intact, tobacco-sales suspension at Treasure Island store

The San Francisco Board of Appeals heard an appeal on May 25 from Island Market (Treasure Island) over a 25-day suspension of its tobacco-sales license after an undercover sale to a minor.

Attorney Ronnie Rothers, representing the license holder, said the business has operated for 26 years without prior citations and that the sale was a single incident by a visiting relative. "A suspension would be a rather severe economic hardship," Rothers said, noting two extended families rely on the store.

Richard Lee of the Department of Public Health said the department seeks a 25-day suspension for first-time offenders and clarified the action suspends only tobacco sales, not food operations.

Commissioners debated whether penalties are applied consistently across tobacco cases and whether the economic impact justified reduction. Vice President Michael Garcia moved to grant the appeal and reduce the suspension to 20 days; that motion passed 3–2. The clerk then noted that by local rules a four-vote majority is required to modify a departmental action. Because the motion received only three votes, the board did not effect a modification; the 25-day suspension remained the department's action absent another successful motion.

The board discussed whether the department's enforcement statistics were scientific and whether sanctions for tobacco sellers are proportionate to penalties for liquor vendors. No further hearing date was scheduled on this item at the meeting.