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Board upholds DPH suspensions for two tobacco retailers, reduces one penalty
Summary
The Board of Appeals upheld a 10‑day suspension for Smoke Plus and reduced a separate 15‑day suspension for Castro Smokehouse to 10 days, citing facts of clerk error and first‑time‑offender discretion. Both rulings emphasize enforcement discretion under the Department of Public Health.
The San Francisco Board of Appeals on Nov. 19 heard two separate appeals of Department of Public Health suspensions for selling tobacco to minors and issued rulings in both cases.
On appeal for Smoke Plus (4059 Eighteenth Street), Principal Environmental Health Inspector Lisa O'Malley described a September monitoring operation where a 15‑year‑old buyer was sold cigarettes; DPH had imposed a 10‑day…
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