. >> we will hear from the department now, dr. ocho. >> good evening, commissioners. it is true that the establishment did sell cigarettes to minors -- to a minor. i am not going to go through a very extensive presentation. this theory the second time they were cited. the last incident occurred on february 19, 2008. the arguments that to the appellant presented, saying that mthe minor used a fake id during the course of the operation, is not true. i have no reason to doubt the professional conduct of our peace officers. they recognize the legal ramifications and they would not use a minor with a fake id. the appellant also argued that 40% of his sales came from cigarettes. that is far from the truth. i did speak to my inspectors who went inside. they went into the market on divisadero. it has a deli. i do not remember if they still have a meat market. sales of tobacco are probably less than 50% -- less than 15% of the total sales. i strongly agree with the department's 45-day suspension. they should have been more careful. i respectfully ask the board to please uphold