Board upholds 35‑day suspension of Tobacco Barn’s permit after sale‑to‑minor enforcement finding

The San Francisco Board of Appeals on May 11 denied an appeal by the owner of Tobacco Barn and upheld a 35‑day suspension of the store’s retail tobacco permit after the Department of Public Health said the owner’s employee had sold tobacco to a minor and that the appellant previously had been cited.

Owner Rashid Abood said he cooperated with enforcement, completed diversion classes and purchased an age‑verification device; he told the board a 35‑day suspension would threaten his livelihood: “35 days is a lot … it’s gonna put me behind for a year,” he said. The Department of Public Health’s deputy city attorney Henry Lipton said this was not the owner’s first offense; a prior violation was recorded in 2019 and the department offered mitigation measures that reduced the suspension from 40 to 35 days when the owner purchased an age‑verification device. Lipton told the board the department’s rules also allow an additional 10‑day reduction if the outlet covers tobacco products with opaque glass; the appellant had not accepted that option.

Senior inspector Janine Young confirmed the opaque covering option would require that tobacco products not be visible, and explained cabinet or under‑counter storage are common compliance methods. Commissioners asked whether the board could reduce the penalty; Deputy City Attorney Brad Russi said the Board is bound by DPH’s duly adopted regulations and the board must respect the department’s mitigation framework. Ultimately the board voted 4–0 to deny the appeal and uphold the suspension.

What happens next: The 35‑day suspension goes into effect per the Department of Public Health’s order unless and until further administrative relief is granted by DPH. The owner was advised of mitigation options (opaque covering) that could have reduced the suspension under existing rules.

Provenance: Topic introduced at SEG 2733 and decision recorded at SEG 3318.