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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 suspension. Owner Imad Bitar testified his employee was on medication and said he was willing to accept fines or community service. After discussion of customary suspension ranges and the hearing officer's discretion, the board voted 5‑0 to uphold the 10‑day suspension.
In Castro Smokehouse's appeal (409 Castro Street), DPH presented a similar monitored sale to a 15‑year‑old and had imposed a 15‑day suspension. Owner Eliyar (Eliyar) Khouri said the business depends heavily on tobacco sales and described remediation measures including an ID‑checker machine. Commissioners noted the unusual circumstances and suggested leniency given the record; President Garcia moved to uphold but reduce the suspension to 10 days with a finding that the record warranted a lesser penalty. The motion passed 4‑1.
What the board said: Commissioners emphasized enforcement consistency and the need to avoid putting small, tobacco‑dependent businesses out of operation on a first offense while preserving public‑health deterrence for repeat violations.
Next steps: The suspensions will be implemented per the board’s rulings and the affected retailers were advised about compliance requirements and potential harsher penalties for repeat offenses.
