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Board upholds 25-day DPH suspension for tobacco sale at MMC Wine and Spirit
Summary
The Board upheld a 25-day suspension of tobacco sales at MMC Wine and Spirit (615 Sutter) after DPH told the Board the operator is responsible for the acts of an agent who sold tobacco to a minor; the motion passed 3–2.
The Board of Appeals on May 11 voted 3–2 to uphold a 25-day suspension of a tobacco-sales permit for MMC Wine and Spirit at 615 Sutter Street after the Department of Public Health presented evidence that cigarettes were sold to a minor.
Owner Nizar Askandafi (appearing as Aras Gandafi during parts of the hearing) said an employee or friend made the sale while he was briefly away from the store and asked for leniency because tobacco contributes a small share of overall sales. "If I knew then what I know now, I would have gone in for permits... It was an honest mistake," he told commissioners.
John Sinojo (Department of Public Health) said the department’s inspector reported a sale to a minor and that the operator is responsible for the actions of agents in the store. "We strongly felt that the reference to the friend is probably wrong ... the appellant should be held responsible for the action of his agent," Sinojo said. DPH said the maximum penalty for a first offense could be up to 90 days suspension but that the department recommended 25 days.
Commissioners debated mitigating facts — including whether the seller was an employee and the proximity of a nearby school (disputed as the Academy of Art) — and whether DPH had considered mitigation. After discussion Commissioner Chris Huang moved to uphold the Department of Public Health’s 25-day suspension; the Board voted 3–2 to uphold the penalty.
