Board upholds 10-day suspension for Cohiba Gifts over flavored tobacco violations

The San Francisco Board of Appeals on July 6 denied an appeal from Cohiba Gifts Inc. challenging a Department of Public Health (DPH) hearing officer’s 10-day suspension of the business’ retail tobacco permit for alleged illegal sales of flavored tobacco products.

Deputy City Attorney Henry Lifton and Environmental Health inspector Jennifer Kellehert summarized DPH’s investigation, saying inspectors observed violations on multiple occasions and that on two inspections employees impeded an inspector’s investigation by asking him to step out of the store or by removing evidence from view. Lifton cited the city health-code standard that a single observed conduct can establish a violation warranting suspension.

“I did call Mr. Ali… he stated he was not planning on attending the hearing,” Inspector Kellehert said of outreach attempts to the appellant and described the department’s enforcement contacts.

Board members had no additional questions and, after discussion, moved and voted to deny the appeal. President Rick Swig announced the vote as 3-0 to deny the appeal and uphold the hearing officer’s order for a 10-day suspension.

By denying the appeal, the board left the hearing officer’s penalty in place. DPH had said the 10-day suspension was the prescribed remedy under section 19H.4-2 for the observed conduct, and emphasized the department earlier provided opportunities to correct deficiencies before issuing discipline.