HomeMy WebLinkAboutMINUTES - 12132011 - D.3RECOMMENDATION(S):
1. OPEN the hearing on the appeal of the ten-day suspension of a Tobacco Retailer’s
License issued to tobacco retailer at Food Stop 3800 #A San Pablo Dam Road El Sobrante,
CA 94803.
2. RECEIVE and CONSIDER oral and written testimony and other evidence from the
County enforcement officer, the licensee, and other persons; and CLOSE the hearing.
3. FIND that the facts set forth below are true.
4. UPHOLD the decision of the Public Health Director to suspend the above-referenced
Tobacco Retailer’s License.
5. ORDER the suspension of the above-referenced Tobacco Retailer’s License for ten days.
FISCAL IMPACT:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/13/2011 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Wendel Brunner, MD,
313-6712
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 13, 2011
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc: Tasha Scott, Demetria Gary, Jaime Jenett
D. 3
To:Board of Supervisors
From:William Walker, M.D., Health Services Director
Date:December 13, 2011
Contra
Costa
County
Subject:Appeal of Suspension of Tobacco Retailer’s License for Food Stop 3800 #A San Pablo Dam Road El
Sobrante, CA 94803
None.
BACKGROUND:
This matter came for hearing before the Hearing Officer, Dr. Wendel Brunner, on
September 14, 2011 at 9:30 a.m. at 597 Center Avenue, Suite 200, Martinez, California and
was heard on that date. The purpose of the hearing was to determine whether the license of
above-referenced tobacco retailer, Food Stop at 3800 San Pablo Dam Road, Suite A in El
Sobrante, should be suspended pursuant to County Ordinance Code to 445-10.018.
The following individuals testified on behalf of the County:
1. Jaime Jenett, Policy Coordinator, Tobacco Prevention Project
The following individuals testified on behalf of the tobacco retailer:
1. Anwar Sandhu, Manager, FoodStop
The following evidence was submitted by Jaime Jenett:
1. Documentation of violation of Stop Tobacco Access to Kids Enforcement (STAKE) Act
(Business & Professions Code, Division 8.5) (sales of tobacco to a minor under the age of
18 years) on February 17, 2011 and proof of payment of a civil penalty assessment.
2. Documentation of the undercover operation conducted by the California Department of
Public Health, Food and Drug Branch that resulted in illegal sale of tobacco to a minor and
Notice of Violation of the STAKE Act.
3. Summary of prior enforcement action regarding the Tobacco Retailers License for the
tobacco retailer named above.
The following testimony was given by the license holder representative:
1. Food Stop provides training to all new employees about how to prevent tobacco sales to
minors using California Department of Public Health (CDPH) materials.
2. The employee who sold tobacco to a minor took the CDPH Clerk Quiz on 1/21/11 and
again after the violation on 2/21/11.
After considering the testimony and evidence, Dr. Brunner made the following factual
findings:
1. The retailer was issued a tobacco retailer’s license by Contra Costa Health Services for
Food Stop at 3800 San Pablo Dam Road, Suite A in El Sobrante.
2. An illegal sale of tobacco products to a minor was made on February 17, 2011 at the
above address.
3. A notification for a violation of Stop Tobacco Access to Kids Enforcement (STAKE) Act
(Business & Professions Code, Division 8.5) (sales of tobacco to a minor under the age of
18 years) was written by the California Department of Public Health, Food and Drug
Branch and presented to Mr. Anwar Sandhu on February 18, 2011.
4. The tobacco retailer pled guilty to the violation by paying the civil penalty assessment to
the California Department of Public Health totaling $600 on June 2, 2011.
5. The Notice of Suspension hearing was sent to the retailer via certified mail on July 27,
2011.
6. At the Suspension Hearing, the Hearing Officer cited County Code Ord. Code §
445-10.018(a) which states that a violation of any county, state or federal tobacco-related
law is a violation of the Tobacco Retailer Licensing Ordinance and grounds for license
suspension.
7. The Public Health Director ordered the above-referenced tobacco retailer’s license
suspended for 10 days.
On October 12, 2011, Anwardeep Sandhu filed a written notice of appeal of the license
suspension with the Clerk of the Board of Supervisors. Notice of this appeal hearing was
sent to Anwardeep Sandhu on ________.
CONSEQUENCE OF NEGATIVE ACTION:
County Code 445-10.018(a) states that a violation of any county, state or federal
tobacco-related law is a violation of the Tobacco Retailer Licensing Ordinance and grounds
for license suspension. Negative action would result in tobacco retailers license for Food
Stop not being suspended.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
CLOSED the hearing: FOUND the facts set forth to be true; UPHELD the decision of the
Public Health Director to suspend the above-referenced Tobacco Retailer’s License; and
ORDERED the suspension of the above-referenced Tobacco Retailer’s License for ten
days.