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Board upholds several DPH tobacco‑sales suspensions, reduces one and continues another
Summary
On Oct. 7 the Board of Appeals upheld a 60‑day suspension for Geary 76, upheld a 45‑day suspension for Don Tuis Mexicomercado, reduced a 20‑day suspension to 15 days for J and D Grocery, and continued the Alibaba (Bridal Mahfouz) matter to Nov. 4 for additional briefing; votes were unanimous where taken.
The San Francisco Board of Appeals dealt with several Department of Public Health (DPH) tobacco‑sales enforcement cases on Oct. 7, 2009, issuing a mix of upheld penalties, a reduction and a continuance.
Geary 76 (A & M Petroleum) — The Department of Public Health told the board a clerk sold cigarettes to a minor decoy on Feb. 14, 2009, and DPH recommended a 60‑day suspension under San Francisco Health Code section 1009.66 and California Penal Code section 308(a). The permit holder acknowledged the sale but asked the board for leniency because of mitigating employee circumstances. After discussion about prior incidents and notice,…
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