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Board halves Fillmore Markets tobacco-sales suspension after owner appeals

San Francisco Board of Appeals · March 21, 2007
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Summary

The San Francisco Board of Appeals reduced a 10-day suspension of Fillmore Markets tobacco-sales permit to five days after hearing testimony from the Department of Public Health and the stores owner, who said a friend made the sale while he stepped away from the register.

The San Francisco Board of Appeals on a split hearing reduced a 10-day suspension of the tobacco-sales permit for Fillmore Market to five days after an appeal by owner Kyu (Kyo) Lee.

The Department of Public Health, represented by John Inojo (identifying himself as the departments representative), said its enforcement action followed a police-decoy operation in which a minor purchased cigarettes at Fillmore Market on Nov. 15, 2006. Inojo cited San Francisco Health Code section 1009.66 and asserted the sale violated California Penal Code provisions; the department asked the board to deny the appeal…

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