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Board upholds 15‑day suspension of Bob's Liquor tobacco permit after minor‑decoy sale
Summary
The Board of Appeals voted 5–0 to uphold a 15‑day suspension of the tobacco sales permit for Bob's Liquor & Grocery at 2999 Harrison Street after a police decoy operation found a sale to a minor; the owner argued excusable neglect.
The Board of Appeals affirmed a 15‑day suspension of the tobacco‑sales permit for Bob’s Liquor & Grocery (2999 Harrison Street), upholding the Department of Public Health’s penalty after a police decoy operation recorded the sale of cigarettes to a minor.
John C. Ojo, representing the Department of Public Health, explained that the department’s investigation found the store sold cigarettes to a decoy on August 22, 2006, and that the clerk did not request identification. Ojo cited San Francisco Health Code §1009.66 as the basis for suspension and noted the director had exercised restraint by imposing a 15‑day suspension rather than a longer penalty allowed for first offenses.
Appellant counsel acknowledged the sale occurred but argued the proprietor had left a friend to mind the store for a short period and that the friend was not an employee and had not been trained—characterizing the event as excusable neglect. Owner Musa Saleh apologized and said he has no prior violations in five years of operation.
Commissioners discussed precedent and stressed youth‑protection goals. Several noted that entrusting the register to untrained, non‑employees increases risk. After deliberation, the board voted 5–0 to uphold the 15‑day suspension.
