Board cuts Lucky 1 Mini Marts tobacco suspension to 20 days

The San Francisco Board of Appeals on Aug. 18 reduced a Department of Public Health suspension of a tobacco sales permit for Lucky 1 Mini Mart from 25 days to 20 days.

The board heard from Department of Public Health staff that the department found a violation of San Francisco Health Code section 1009.66 and California Penal Code section 308 after a minor decoy purchased cigarettes during a police monitoring operation in April 2010. The department recommended denying the stores appeal and upholding a 25‑day suspension, the maximum recommended period for the violation.

The appellant, store owner Bo Young Park, and his agent acknowledged the sale and said the clerk — later identified as the owners father‑in‑law — had sensory and judgment limitations. Commissioners questioned whether the particular circumstances warranted a reduced penalty, including Parks claim that this was the businesss first offense and that imposing the full suspension would cause significant financial hardship.

Commissioner Frank Fung moved to overrule the department and impose a 20‑day suspension. Vice President Kendall Goh cast the lone dissent; Commissioners Garcia, Peterson and Huang voted to reduce the penalty. The board recorded the outcome as a 4–1 vote to impose a 20‑day suspension, with staff direction to document the decision in the boards minutes.

The boards action changes the administrative penalty for the permit holder but does not alter the underlying public‑health standard that sales of tobacco to minors are prohibited. The case reference before the department was listed as DPH director case number FD1028.

The board concluded the matter after the roll call; the appeal is closed.