San Francisco Health Department denies appeal over $1800 tobacco sales penalties
February 16, 2022 | San Francisco City, San Francisco County, California
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The San Francisco City Council meeting on July 4, 2025, focused on a significant appeal regarding the imposition of administrative penalties by the Department of Public Health (DPH) against a local business owner for unlawfully selling tobacco products without the required permit.
During the meeting, the appellant argued that he had transferred his tobacco sales license from one business location to another and maintained that he was unaware of the need for a DPH-issued tobacco sales permit. However, Deputy City Attorney Valerie Lopez clarified that the appellant's California state license does not authorize tobacco sales within San Francisco. She emphasized that the city's health code mandates a specific permit from DPH, which is non-transferable and was denied to the appellant due to multiple violations, including selling tobacco products from a location too close to existing permitted establishments.
Lopez detailed that the appellant had received six notices of violation between February and October 2021 for selling tobacco without a permit, leading to a total penalty of $1,800. The appellant did not contest the authority of DPH to impose these penalties or their amounts, which are set by the health code.
Commissioner Honda raised concerns about the communication between DPH and the appellant, noting a potential misunderstanding on the appellant's part regarding the legality of his operations. DPH staff member Janine Young recounted her attempts to engage with the business owner, stating that staff faced hostility and were often asked to leave the premises during their visits.
The meeting concluded with a clear stance from DPH that the appeal should be denied, reinforcing the importance of compliance with local health regulations to ensure public safety. The outcome of this case highlights ongoing challenges in enforcing tobacco sales regulations in San Francisco and the necessity for clear communication between regulatory bodies and business owners.
During the meeting, the appellant argued that he had transferred his tobacco sales license from one business location to another and maintained that he was unaware of the need for a DPH-issued tobacco sales permit. However, Deputy City Attorney Valerie Lopez clarified that the appellant's California state license does not authorize tobacco sales within San Francisco. She emphasized that the city's health code mandates a specific permit from DPH, which is non-transferable and was denied to the appellant due to multiple violations, including selling tobacco products from a location too close to existing permitted establishments.
Lopez detailed that the appellant had received six notices of violation between February and October 2021 for selling tobacco without a permit, leading to a total penalty of $1,800. The appellant did not contest the authority of DPH to impose these penalties or their amounts, which are set by the health code.
Commissioner Honda raised concerns about the communication between DPH and the appellant, noting a potential misunderstanding on the appellant's part regarding the legality of his operations. DPH staff member Janine Young recounted her attempts to engage with the business owner, stating that staff faced hostility and were often asked to leave the premises during their visits.
The meeting concluded with a clear stance from DPH that the appeal should be denied, reinforcing the importance of compliance with local health regulations to ensure public safety. The outcome of this case highlights ongoing challenges in enforcing tobacco sales regulations in San Francisco and the necessity for clear communication between regulatory bodies and business owners.
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