Board upholds 15‑day suspension for downtown convenience store after decoy sale to minor

The San Francisco Board of Appeals on May 7 sustained a 15‑day suspension of the tobacco‑sales permit for Russell’s Convenience after a department investigation found the store sold cigarettes to a 16‑year‑old decoy.

John Ojo, representing the Department of Public Health, told the board the store’s clerk sold a pack of cigarettes to a minor decoy on Oct. 24, 2007, during an SFPD monitoring action and that an officer recovered marked city money from the clerk. Ojo cited San Francisco Health Code section 1009.66 and said the department had authority to suspend permits for up to 90 days but had imposed a 15‑day suspension in this case.

Store owner Rosella Tolentino acknowledged the sale but urged leniency, saying the clerk believed the customer looked of age and noting the business operates on thin margins in the Financial District. “We’re not denying that we violated the law,” Tolentino said, adding that a 15‑day suspension would cause severe economic hardship for the small store.

Board members discussed the decoy’s response when asked for identification. Several commissioners said the clerk should have refused the sale in the absence of ID; others acknowledged procedural questions about how the decoy was questioned. Commissioner Holland said the law exists to limit youth access to tobacco and warned that accepting arguments about busy hours could undermine enforcement.

On a motion to uphold the department’s action, Vice President Fung, President Garcia, Commissioner Peterson and Commissioner Holland voted aye; the suspension was upheld 4–0. The order takes effect per the department’s procedures, and the store’s permit remains suspended for the 15‑day period ordered by DPH.

The board asked DPH and the police department to review procedural guidance related to decoy questioning and to report back if clarifications are needed.