Board upholds DPH order and fines for unlawful tobacco sales at Union Square location

The Board of Appeals on Feb. 16, 2022 denied an appeal by the operator of Union Square Wine & Spirits (522 Sutter St.) challenging a Department of Public Health director’s order and $1,800 in administrative penalties for sales of tobacco products without a DPH tobacco sales permit.

Appellant Jamal Taha said he believed his state Retail Tobacco License and an alcohol license authorized sales; DPH counsel Valerie Lopez and program staff explained that a California tax/license does not substitute for a San Francisco DPH tobacco sales permit and that the proposed new location failed DPH standards (within 500 feet of an existing permitted tobacco retailer, supervisorial‑district cap and not a location previously occupied by a permitted establishment). DPH said staff made multiple documented inspection visits and outreach attempts; program inspectors described confrontational interactions and the owner’s refusal to cooperate during several visits.

Commissioners asked DPH about outreach and whether state documentation could be clearer; DPH said it has produced a business booklet showing required city and state permits and that the department has coordinated with the tax collector and supervisors’ offices. After deliberation the board found no basis to overturn the DPH Director’s Hearing Order or the administrative penalties and voted 5–0 to deny the appeal.