Board upholds 15‑day suspension of Cigarettes for Less after decoy sale to minor

The San Francisco Board of Appeals sustained a 15‑day suspension of a tobacco sales permit for the retailer known as Cigarettes for Less at 1053 Market Street after evidence that a minor decoy was sold cigarettes.

SFPD Inspector Robert Ziegler testified that his team had used decoys under the department's program and that the store sold tobacco to minors on multiple past operations. Decoy Rachel Mahoney testified she entered the store, purchased Newport cigarettes, and was given the product; she said the clerk did not ask for identification and that she did not volunteer her age.

Cigarettes for Less' counsel disputed parts of the evidence and argued procedural and notice defects. Counsel also said the employee who handled the sale would provide a different account and that the business previously had few or no suspensions since its licensing.

After discussion about precedents and penalties, a motion by Commissioner Albright to increase the suspension to 25 days was tied 2–2, which left the Department of Public Health's 15‑day suspension in place. Vice President Michael Garcia and President Bridal Knox voted to uphold the department; Commissioners Albright and Holland were split on severity. The board noted it was acting under de novo review and weighed both the decoy testimony and department enforcement policies.

The board recorded its action; the suspension remains effective immediately.