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Board continues Church Street Market tobacco‑suspension appeal to June 10 for decoy evidence
Summary
The Board of Appeals continued an appeal by Church Street Market of a 30‑day suspension imposed by the Department of Public Health for an alleged sale of tobacco to a minor, directing DPH to supply the decoy's ID/photo and inviting the appellant to provide financial records before the June 10 hearing.
The Board of Appeals continued until June 10 the appeal by Church Street Market (owner Ibrahim Al Hajj) of a 30‑day suspension that the Department of Public Health imposed after an alleged sale of cigarettes to a minor decoy on Jan. 28.
DPH representative Dr. Johnson Ojo briefed commissioners on the enforcement action and said the department stands by the suspension under San Francisco Health Code procedures. "The most important fact is that the clerk sold the cigarette to the minor and violated the law," Ojo said, noting a minor discrepancy between the officer's report and the decoy's statement about whether ID was requested but stressing the sale occurred.
Family members for the market argued the sale was an isolated first‑day mistake by a new clerk and described the likely financial hardship of a 30‑day suspension (the owner said tobacco makes about 25% of daily gross sales). One family member asked the board to consider a monetary penalty or community service in lieu of suspension.
Commissioners asked DPH to provide additional evidence to the panel: a redacted copy of the decoy’s ID and a photograph of the decoy at the time of the sting (subject to City Attorney review on handling privacy/public‑record issues). The board also encouraged the appellant to submit financial records in support of any hardship claim.
On the motion of Commissioner Garcia, the board voted to continue the hearing to June 10 to allow DPH and the appellant to supplement the record; the motion passed 4 to 0 with Vice President Peterson absent.
