Board rejects Gary Boulevard gas station’s appeal of tobacco‑sales denial

The San Francisco Board of Appeals voted 5–0 on Jan. 17 to deny an appeal from Gary Street Petroleum Inc., which had asked the board to overturn a Department of Public Health notice that refused a retail tobacco sales permit for 4501 Gary Boulevard. The board found DPH’s application of Article 19h and the department’s density rules appropriate in this case.

Appellant representative Hamdi said he recently acquired the gas station and that prior ownership of more than a decade led him to expect the right to continue selling tobacco. He told commissioners he had been told by the seller that the transfer would be allowed. “The seller… said there will be no issues as I’ve been the owner for more than 10 years,” he said.

DPH’s principal inspector for the retail tobacco program, Larry Kessler, told the board that the 2015 ordinance and DPH rules apply density limits and a 500‑foot proximity rule to schools and existing tobacco retailers. Kessler explained that because the business is not a qualifying retail‑food store or a tobacco shop, it does not meet the statutory exceptions that could allow a new permit at the site. Senior inspector Janine Young summarized available public‑health data and said the department is tracking reductions in outlets and declines in youth access in jurisdictions that adopt similar rules.

Commissioners questioned the economic impacts on small businesses and asked whether the policy had measurable public‑health benefits. DPH said data collection is ongoing but pointed to early evidence that youth access measures decline in jurisdictions with comparable policies and said the department will provide fuller data in the future.

President Jose Lopez moved to deny the appeal on the basis that DPH properly applied the law; the motion carried 5–0. Board staff said the appellant may contact the board office for next steps and noted that the department had repeated prior written outreach to the former operator about transfer limitations.