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Board Reduces SuperSafe Suspension to 25 Days and Upholds 25‑Day Suspension for Fog City News

San Francisco Board of Appeals · March 24, 2010
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Summary

On March 24, 2010 the Board of Appeals modified a 30‑day suspension for SuperSafe (4517 Third Street) to 25 days and separately upheld a 25‑day suspension for Fog City News (455 Market St. #125), after DPH presented decoy evidence that both stores sold tobacco to minors.

The San Francisco Board of Appeals on March 24 resolved two appeals of Department of Public Health (DPH) tobacco‑sales suspensions.

SuperSafe (4517 Third Street). DPH presented evidence that a minor decoy purchased cigarettes at SuperSafe during a police monitoring operation on Oct. 7, 2009; the Department had imposed a 30‑day suspension under San Francisco Health Code §1009.66 and California Penal Code §308. DPH counsel Johnson Ojo summarized the evidence and said the hearing officer had found the sale merited 30 days. Owner Abdul…

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