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Board reduces DPH suspension for Saint Paul’s Market from 35 to 25 days
Summary
After hearing the Health Department’s evidence that Saint Paul’s Market sold tobacco to a minor, the Board of Appeals voted 4–1 to reduce an originally proposed 35‑day suspension to a 25‑day suspension.
The Board of Appeals reviewed a Department of Public Health (DPH) suspension of Saint Paul’s Market’s tobacco‑sales privileges after a decoy operation found a sale to a minor. The market’s operator acknowledged asking for an ID and said he believed he had complied; DPH’s representative said the report indicated the decoy was sold cigarettes and that the decoy’s ID showed she was underage.
Dr. Johnson Ojo of the Health Department recommended a reduction of the suspension from 35 to 25 days. Vice President Michael Garcia moved to overrule DPH’s original 35‑day suspension and set the sanction at 25 days; the board adopted that modification by a 4–1 vote. The suspension applies to the license to sell tobacco products only; the market may continue selling other items.
The board noted past cases where suspensions were reduced depending on circumstances and prior violations. The decision will be memorialized in a written order.
