suspension was very adequate. we could have permanently revoked the permit. the issue of authorization of equipment is just like a typical hospital, operating on a patient without having proper sterilize the commencement -- sterilize equipment would subject the individual to possible infection. i think the position was very accurate, and i am going to ask the board to uphold the order to suspend a permit for 12 months. thank you.

>> is it criminal soon tattoo of 4-year-old child? >> it is against the law soto check to anyone of that age. we have referred some cases to the police department. >> only defense offered by the appellant has to do with whether or not he actually tattooed a 14-year-old, but the ramifications for one year have been the same if it had not been for that. >> will you repeat that?

>> let's put aside the 14-year- old and whether she was tattooed. would that have caused him to revoke for one year? >> yes. >> how many tattoo places are there in san francisco? >> about 270. >> this is the first time we have heard an appeal on that. have many received no revocation on the permit? >> many have received a suspension. good >> is there a correlation between the other suspensions

and issues unrelated to this particular one -- issues related to this one? >> hey -- it was revoked for six months because i think they tattooed a minor. >> i have several related questions. what would it take to provoke now? you are suggesting the department finds a 1-year suspension outer court triggered >> i think the department has been very considerate. let me give you an example. if i walk into a restaurant and they do not have hot water, they are immediately shut down. the issue of not having hot

water for hand washing purposes is a very serious case. they have not paid for their permit, and they are operating without a permit. but should be reason to shut them down. on the other hand, they say they have a place to sterilize equipment. they have a pressure cooker which is not approved. there are numerous reasons for the department of's decision but was taken the -- department's decision that was taken. >> is there any public comment on this item? >> two people came in. >> is there anyone here for item number six?

>> just for the record company he filed the appeal on march 11 and walked out whiffs a date of june 8. the appeal has not changed. >> the date for the appellants in brief came and went. i did leave a message, but he did not return my phone call. >> is it submitted? >> it is submitted a raider reduce submitted. >> i think the department has -- it is submitted. >> i think the department has a compelling case. >> do we have a comment?

>> if you would stay in the basis for the violations set for in the decision. >> i would agree with that. >> is there a motion? >> i believe when we just made a motion. >> for march 14. good >> we will send a letter to the appellant explaining he can always apply for a hearing requests. call the roll please. >> with the understanding that a hearing might not been granted to rigger -- granted the motion is to hold this one-year

revocation. the motion is to uphold the suspension on the basis of the quarter. good parts in those states a 1- yr rev vacation, -- >> it does say there is a revocation, but is it automatically reinstated after one year? do we need to worry about that language, or are we safe to ignore it? >> i am looking at the actual letter, and it does say to revoke for one year. >> for consistency, we can say we are revoked. if it is provoked, they have to

completely reapplied. it would bring the establishment. >> and now it states revocation, citing the motion should be consistent. -- so i think the motion should be consistent. >> the motion is to hold a one- year revocation on the basis of the code violations as set forth. [calling fovotes] the vote is 4-0 to uphold this revocation. >> i believe the appellants for item number five is here now.

we will return to our to #five. you have seven minutes. >> my name is mohammed. i worked a whole shift, night terime, and i cannot go home unl i clean everything, so i wait until almost 6:00 in the morning, and then i cannot close, because i open at 8:00, so i decided to finish my shift, and then at 9:00, my heart

islam reading. i call my friends to help me out. -- my heart is beating. i said, i need to go to the hospital. i cannot breathe right. he came over, so i told him nothing, but we usually talk on the phone, and he works in new york and knows a lot, so i went to the hospital and stayed with him for three hours, and i saw that he had a ticket. i do not snow what i have to do. i have a family.

i have three children and one on the way. i built my business from scratch. i build it up now by myself. i started from zero. it took me one year. i have a good relationship with customers, and there was another liquor store 10 feet away, so i know if i get a suspension, i am going to lose a lot of customers. basically, i sell tobacco and snacks and soda.

i can ask you if you want to get a profit, whenever i make in cigarettes, i will pay for it. i am willing to do anything, but i am asking to not suspended. i do not make nothing. i only cover my rent and my family. i was working cleaning. i spend my money to build the business, and that is what i am asking for. >> what other products do you sell in your store? >> i have snacks, sodas, shoes, and some cigarettes. >> what percentage of your sales

is represented by tobacco? >> 80%, 85%. my price is very cheap. i do not make much money. i just want to bring customers to come to my store. if they buy something, they can buy something else. i pay my taxes. i can give you all the information. i am willing to do anything. >> thank you. >> we will call you back in a minutes. >> i am representing the whole apartment. gooit is true that is in violatn

of law because they sold cigarettes to a 16-year-old miner periods -- minor 3 good -- minor. the minor came in and ask to buy a pack of cigarettes. they proceeded to sell a pack of cigarettes curiosa in march of 2011, they ordered tobacco.

it is important to recognize the health code allows the suspension of the permit of tobacco sales for up to 90 days. the department has only suspended a permit for 25 days. it is very apparent the sale of cigarettes was for a minor. they have not presented a convincing argument other than the fact that most sales probably come from tobacco. there is no way to know that. unfortunately, i did not see

that. we have found out about the percentage of tobacco sales. in light of the fact that the board of supervisors knew very well the consequences of tobacco and the sales to minors, that is why i asked the department to suspend the permit for 90 days. we feel that it is reasonable. i am going to respectfully ask that the board denied a permit for 25 days. thank you. >> you stated in your presentation that there was no evidence submitted about

what percentage of sales in tobacco. had that been presented, would it have made a difference? >> probably. >> have they done that in the past? >> they have all the evidence before them. you>> someone has demonstrated pretty convincingly but a large percentage of sales was tobacco, and it seemed to make no difference whatsoever. >> but is probably correct, ito's apparently they have considered the severity of the

violation and decided that it was a good compromise. >> it seems to me they have no idea what monetary affect the penalties have on individual operator's. it could be tantamount to putting someone out of business. and it could be a $5,000 fine for a first offense. it does not seem reasonable to me. i have spoken about how we may be devastating this family because of what may have possibly been one family, one

time during your -- one time. >> i am looking at the notice to appear and also about a permit was not posted. can you talk to me about what the permits were superior permits were? >> if they do not oppose it, -- if they do not posted or do not have a permit, it is a violation of not posting the permit. even if you oppose it, if you do not have the stones -- stubs, in violation.

>> those that have to do with the monetary -- does that have to do with the monetary fund? it would be a fix its tickets? >> yes. >> is there any public comment on this item? seen none, you have three minutes of rebuttal if you would like to speak again. >> about the permit, i went to the health department. i paid the fine common -- the fine, but they gave me a number. i have the permit. i paid for it, but they never sent it to. i went to the city health department triggered -- health

department. he said they would follow it up with me puree your -- now follow it up with me. everyone is going to lose. i am losing my income. i am losing a lot of customers. geithnei am asking you to help t me and my family, and it is a small store, only 7500 square feet, and the main thing i sell is cigarettes, and now i can pay a fine of whatever you say. >> i did not understand about the permit. you needed a permit to buy cigarettes wholesale but you did not have it, and then you got

it? >> i had the number. they said me the money. >> a permit to post. >> ok. >> in light of his questioning, i do not want to set a bad precedent, and i hope you do not hold it against me. we are willing to reduce it by five days. >> so 20 days would be fine?

>> yes, commissioner. >> the matter is submitted. >> 20 days is fine with me. >> before a motion is made, i would say to the appellant that it is not within the power of the sword to impose a monetary fund. -- of votes board to impose a monetary fund. you deserve a special thanks, because it is very unusual to do that. eight is reasonable, and do we overturned and cressida -- do we grant the appeal and not impose a penalty of 20 days? >> should we called rowland's, -- call role?

parks only -- >> only if you have a procedural question. but i did not see his hand. come on to the microphone if you have a question. >> are you going to ask if you can do a day or week? >> i am losing a lot of customers. >> i do not think that is provided for. it would be too hard to monitor that. i sympathize, but i think it is going to have to run consecutively. >> the penalty according to the

department of public health, they will give you a chance to question that. this board does not have the authority. >> on that motion, to grant this appeal and reduced the suspension to 20 days. [calling votes] the vote is 4-0. the suspension is reduced to 20 days. thank you. >> we will move on to item no. 7 with planning department approval, protesting the issuance on february 25, a permit to erect a building, a two-story storage facility with

5000 square feet of ground floor area. the matter is on for further consideration. the matter was continued to allow further time, and i additional testimony will be alone -- an additional testimony will be allowed. >> i am the owner. i am here to ask a conveyance of tapes -- dates, because we did meet this last thursday at my request, and he was much more interested in finding the legality about whether i have permits and was more interested in going through my building to

find violations. i do not believe the good faith negotiations for something as simple as blocking my windows and utilities. i directed him to go outside and inspect the area in question. we talk about it. he asked me how much money i wanted to make him go away. i was insulted. i told him, did you read anything i sent to you? he kept saying, i am here now. i dindo you know the response to . i was willing to settle for something less. what do you think of that? no reply.

they just asked me how much money i wanted. then he asked me if i knew any of the inspectors in the building department and if it might pass the fire inspection or if i would like to have another inspection called. they also asked me about the entertainment commission. i have all my permits. if you would like to see them, they are tired of the legal. i was insulted by the entire meeting. mr. murphy is not ready to be neighborly that is it.

>> and we are willing to negotiate something less than 5 feet and we were willing to meet with him to do so and in response to our permits we do have an updated permit for our place of entertainment and our public assembly and all of those other things that really cost us a lot of money every year to renew and also to ensure. we would like to not go through the whole permit process to redo our utilities and our windows and fire sprinkler utilities to make for the building to