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Board upholds 45-day tobacco-sales suspension for Silver Gas despite operator plea
Summary
The Board of Appeals upheld a 45-day suspension of MDN Petroleum's tobacco-sales permit at 2400 San Bruno Ave for selling to a minor decoy; commissioners debated whether clerk’s misreading of an ID constituted a defense under Penal Code §308, and a motion to reduce the penalty to 30 days failed to change the department action due to the charter's four-vote requirement.
The San Francisco Board of Appeals denied MDN Petroleum Inc.’s appeal of a 45-day suspension of its tobacco-sales permit for Silver Gas & Diesel at 2400 San Bruno Avenue, upholding a Department of Public Health order issued after a March 13 decoy operation.
Dr. Ojo presented the DPH case, saying the store clerk sold cigarettes to a minor decoy and that this was the permittee’s third recorded…
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