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Board of Appeals overturns 15‑day suspension for San Bruno Silver Super Shell; cites insufficient evidence
Summary
The San Francisco Board of Appeals unanimously overruled a 15‑day tobacco‑sales permit suspension for San Bruno Silver Super Shell after finding the Department of Public Health's evidence inconsistent and insufficient to show a willful sale to a minor.
The San Francisco Board of Appeals on a unanimous vote overturned a Department of Public Health order suspending the tobacco‑sales permit for San Bruno Silver Super Shell, concluding the department did not meet its burden of proof.
At issue was a DPH action ordering a 15‑day suspension after a minor‑decoy operation in September 2006. Dr. Ojo, speaking for the department, told the board the police decoy entered the store, purchased a pack of cigarettes and that the clerk failed to ask for identification and left…
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