HomeMy WebLinkAboutMINUTES - 01212003 - D2 Contra
TO: BOARD OF SUPERVISORS
` - Costa
FROM: William B. Walker, MD, Health Services Director
DATE: January 21, 2003 County
SUBJECT: Tobacco Retailer's License Ordinance
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. INTRODUCE Ordinance No. 2003-01 to impose a licensing requirement on all tobacco
retailers within the unincorporated area of the County, WAIVE reading, and FIX January 28, 2003,
for adoption.
2. DECLARE intent to adopt findings in support of Ordinance No. 2003-01.
FISCAL IMPACT:
The costs of enforcing this ordinance are covered by State tobacco settlement funds. The costs
of outreach, education and follow-up are covered by Proposition 99 funds. A tobacco retailer's
license fee is anticipated to recover the reasonable cost of providing services necessary to the
licensing activities.
CONTINUED ON ATTACHMENT. _X—YES NO SIGNATURE:
------___.----------------__-_---.--__.-_----------.---_--___-_------------------------.----------._______._._____a__._______.____._ _
4, RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
.s1,APPROVE OTHER
SIGNATURE(S).
---_--- _�_-______ _ r_.-- ----------- —'-_--_------------------_------._------_..___-----------------------
- ---------------------ACTION OF
BOARD ON `' t33f 4) � 'APPROVE AS RECOMMENDED _ OTHER—
VOTE
THER—
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ABSENT.-�������� AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT ABSTAIN:
ATTESTED
JOHN SWEETEN,CLERK OF BOARD. F
SUPERVISORS AND COUNTY ADMINISTRATOR
CONTACT: Charlotte Dickson(313-6216)
CC: William B.Walker,MD,HSD Director,20 Alen,Mtz y
Wendel Brunner,MD,Public Health Director,at
597 Center Avenue,#200,Mtz f
DEPUTY
BACKGROUND:
On February 26, 2002, the Board of Supervisors directed the Contra Costa Health Services, with
the assistance of County Counsel, to draft a tobacco retailer's license ordinance.
The ordinance prohibits any retailer, individual, or entity to sell or offer for sale any tobacco
products in the unincorporated area of the county without first obtaining a license. Each licensee
must prominently display the license at the location where tobacco retail safes are conducted.
Under the ordinance, all tobacco retailer's licenses will be issued by the tax collector. Each
license will be issued and due for renewal effective July 1$t, and will expire on the subsequent
June 30. A license will not be issued unless a licensing fee is paid.
Contra Costa Health Services will enforce the ordinance. Several enforcement remedies are
available. A license may be suspended after a hearing for any violation of local, state, or federal
tobacco-related laws. A suspension may be up to 30 days for a first violation, up to 90 days for a
second violation occurring within two years of the first, and up to one year for each subsequent
violation occurring within two years of the most recent prior suspension. A license may be
revoked after a hearing if fees are unpaid or the license was illegally transferred. Contra Costa
Health Services may also issue infraction citations or impose administrative fines of up to $500 for
ordinance violations.
Over the past year, Tobacco Prevention Project staff has conducted extensive enforcement
activities related to the Tobacco-Free Youth {Ordinance. During that time, staff surveyed all
tobacco retailers in the unincorporated area of the County and found that 29.1% of all tobacco
retailers were out of compliance with Ordinance Code chapter 445-6, which prohibits self-service
displays of tobacco products. Between July 1, 2002 and December 31, 2002, the Contra Costa
Sheriff's Office used underage decoys to attempt 82 tobacco buys from retailers. Of the buys
attempted, 35 were completed. The retailers were issued misdemeanor citations for violating
Penal Code section 308(x), which prohibits tobacco sales to minors.
A tobacco retailer's licensing requirement will enhance local efforts to enforce the Tobacco-Free
Youth Ordinance and other federal, state and local tobacco laws aimed at reducing youth access
to tobacco products.
CONSEQUENCE OF NEGATIVE ACTION:
The County will not have a significant incentive to encourage tobacco retailers to comply with
local, state and federal laws related to youth and tobacco.
Wt LLtAm B. Watts€R, M. D. CONTRA COSTA
:HEALTH SERyICEs DIRECTOR
WENDEL BR.UNNER, M.D. PUBLic HEALTH
PUBLIC HEALTH DIRECTOR � �``�, 597 Center Avenue, Suite 200
Martinez, California
CONTRA COSTA 94553
{ Ph(925)31.3-6712
HEALTH SERV I E S Fax(925)313-6721
E-MAIL ADDRESS
wbrunnerChsd.co.contra-costa.ca.us
TO: Supervisor Mark DeSaulnier, Chair Date: January 14, 2003
Supervisor Gayle Uilkema
Supervisor Donna Gerber r
Supervisor John Gioia Re: Tobacco Retailer's
Supervisor Federal Glover .License Ordinance
FROM: Wendel Brunner, MD,
Director of Public Health
In 1997, the Board of Supervisors declared tobacco-free youth to be a public policy
priority and directed Contra Costa Health Services to draft a model ordinance to address
youth access to tobacco products. In November and December 1998, the Board of
Supervisors adopted the Tobacco-Free Youth Ordinance and a Tobacco Retailer's
License Ordinance that would require tobacco retailers found in violation of the Tobacco-
Free Youth Ordinance and/or applicable local, state and federal laws pertaining to the
sale of tobacco to minors to apply for a license to sell tobacco. In February 2002, the
Board moved to strengthen the licensing ordinance by requiring all tobacco retailers to
obtain a license to sell tobacco products. This direction was pursued because several of
the Tobacco-Free Youth Ordinance's provisions were nullified by the June 2001
Supreme Court decision that overturned Massachusetts regulations of tobacco
advertising, and because of persistent violations of youth-related tobacco laws by
merchants in the unincorporated areas of the county.
Since January 1, 2002, Contra Costa Health Services and the Sheriff's Office have
actively enforced the Tobacco-Free Youth Ordinance and PC308a, the state law
prohibiting sales of tobacco products to minors. These efforts have been supported by a
grant from California's Tobacco Control Section that is funded by State Tobacco
Settlement funds. During this time, Health services has found 29.1% of tobacco
retailers to be out of compliance with the Tobacco-Free Youth Ordinance's requirement
that there be no self-service displays of tobacco products. Between July 1 and
December 31, 2002, the Sheriff's Office completed 35 of 82 attempted tobacco buys
using underage decoys and issued misdemeanor citations. These results translate into
a 42.6% illegal sales rate. Clearly, youth access to tobacco products remains a problem
in Contra Costa County.
The attached Tobacco Retailer's License Ordinance is intended to further the County's
efforts to decrease youth tobacco use. if enacted, the Tobacco Retailer's License
Ordinance will enhance enforcement of both the Tobacco-Free Youth Ordinance,
adopted by the Board of Supervisors in 1998, and local, state, and federal laws
governing the sales of tobacco products.
cc William Walker, MD, Health Services Director
• Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Health * Contra Costa Health Plan
+ Contra Costa Hazardous Materials Programs *Contra Costa Mental Health * Contra Costa Public Health • Contra Costa Regional Medical Center * Contra Costa Health Centers
ADDENDUM
D.2
January 21, 2003
On this date, the Board INTRODUCED Ordinance No. 2003-01 to impose'a licensing
requirement on all tobacco retailers within the unincorporated area of the County; and
DECLARED intent to adopt findings in support of Ordinance No. 2003-01 for adoption.
The following persons presented testimony:
Dr. Joel White, Walnut Creek;
Janice Tunder, 105 Astrid Drive, Pleasant Hili, (American Lung Association, Contra
Costa County Tobacco Prevention Coalition);
La Shonda Williams, 2385 Lonestar Drive, San Pablo, Ca 94806;
Following discussion the Board took the following actions:
• WAIVED reading;
• FIXED January 28, 2003 for adoption of Ordinance; and
• DIRECTED Health Services to send notice to all remaining cities who have not
adopted a similar ordinance; and suggested that each Supervisor devise a strategy
to work with the youth in that district to assist them in participation with the
various city councils.
FINDINGS IN SUPPORT OF ORDINANCE 2003-01 (Tobacco retailer's Licenses)
1. State law prohibits the sale or furnishing of cigarettes,tobacco products and smoking
paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by
minors(Pen. Code, § 308.)
2. State law provides procedures for using persons under 18 years of age to conduct onsite
compliance checks of tobacco retailers and requires that tobacco retailers check the
identification of tobacco purchasers who reasonably appear to be under 18 years of age(Bus.
&Prof. Code, §§ 22952, 22956.)
3. State law requires that tobacco retailers post a conspicuous notice at each point of sale stating
that selling tobacco products to anyone under 18 years of age is illegal(Bus. &Prof. Code, §
22952, Pen. Code, § 308.)
4. State law prohibits the sale or display of cigarettes through a self-service display and prohibits
public access to cigarettes without the assistance of a clerk but permits the sale of tobacco
products from certain vending machines (Bus. &Prof. Code, § 22962.)
5. Under Contra Costa County Ordinance Code Chapter 445-6; it is unlawful for any person or
tobacco retailer to sell, permit to be sold, offer for sale, or display for sale any tobacco product
by means of self-service display, rack, counter-top or shelf that allows self-service sales for any
tobacco product other than vendor-assisted sales.
6. State law prohibits the sale of"bidis" (hand-rolled filterless cigarettes imported primarily from
India and some Southeast Asian countries) except in adult-only establishments (Pen. Code, §
308.1.)
7. State law prohibits the manufacture, distribution, or sale of cigarettes in packages of less than
20 cigarettes and prohibits the manufacture, distribution, or sale of "roll-your-own"tobacco in
packages containing less than 0.60 ounces of tobacco (Pen. Code, § 308.3.)
8. State law prohibits public school students from smoking or using tobacco products while on
campus, while attending school-sponsored activities, or while under the supervision or control
of school district employees(Educ. Code, § 48901(a).)
9. Despite these restrictions,minors continue to obtain cigarettes and other tobacco products.
Each year, an estimated 924 million packs of cigarettes are consumed by minors 12 to 17 years
of age, yielding the tobacco industry$480 million in profits from underage smokers.'
10. In a 2002 California youth tobacco-buying survey, 19.3%of retailers surveyed unlawfully sold
Joseph R.DiF'ranza,M.U.&John J. Librett,M.P.H.,State and Federal Revenues from Tobacco Consumed by Minors,89
Am.J.Pub.Health 1 106(1999).
tobacco products to minors.'
11. In 2001, the California Department of Health Services found that 13.9% of retailers surveyed in
unincorporated areas of Contra Costa County sold tobacco products to minors.'
12. The prevalence of self-reported youth tobacco use in Contra Costa County ranges from 8.2%
to 26%, depending on the survey used. The 1999 California Tobacco Survey, a survey
administered over the telephone, found that 8.2% of youth ages 12-17 said they smoked within
a 30-day period. A 2000 Healthy Kids Survey, an anonymous written survey administered in
the classroom, found that 17% of 91h graders and 26% of 11`h graders said they smoked within
a 30-day period.`
13. Between July 1, 2002 and December 31, 2002,the Contra Costa Sheriff's Office used
underage decoys to attempt 85 tobacco buys from retailers. Of the buys attempted, 32 were
completed. The retailers were issued misdemeanor citations for violating Penal Code section
308(x), which prohibits tobacco sales to minors.'
14. Eighty-eight percent of adults who have ever smoked tried their first cigarette by the age of 18
and the average age at which smokers try their first cigarette is 141/7.'
15. California courts in such cases as Cohen v. Board of Supervisors (1985)40 Cal.3d 277, and
Bravo Vending v. City of Rancho Mirage(1993) 16 Cal.App.4th 383, have affirmed the
power of counties and cities to regulate business activity in order to discourage violations of
law.
16. A requirement for a tobacco retailer license will allow the County to regulate the operation of
lawful businesses to discourage violations of federal, state, and local tobacco-related laws and
will not unduly burden legitimate business activities of retailers who sell or distribute cigarettes
or other tobacco products to adults.
17. Contra Costa County has a substantial interest in promoting compliance with federal, state, and
local laws intended to regulate tobacco sales and use; in discouraging the illegal purchase of
tobacco products by minors; in promoting compliance with laws prohibiting sales of cigarettes
and tobacco products to minors; and in protecting children from being lured into illegal activity
through the misconduct of adults.
Cal.Dept.Health services, Youth Tobacco Purchase Survey 2002.
Cal.Dept.Health services, Youth Tobacco Purchase Survey 2001.
°Survey results of the 1999 California Tobacco survey,conducted by the Tobacco Control Section of the California
Department of Health Services,and the 2000 Mount Diablo Unified School District Health Kids survey. The survey results are
available from the Contra Costa County Tobacco Prevention Project.
Inspection results available from the Contra Costa County Tobacco Prevention Project.
d U.S. Dep't of Health& Human Services,et al.,Preventing Tobacco Use Among Young People:A Report ofthe Surgeon
General 67(1994).
ORDINANCE NO. 2003-01
TOBACCO RETAILER'S LICENSE;VIOLATIONS;
CITA'T'IONS; ADMINISTRATIVE FINES
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes
from the official text of the enacted or amended provisions of the County Ordinance Code).
SECTION I. SUMMARY. This ordinance repeals Chapter 445-10 of the County Ordinance Code
and replaces it with new Chapter 445-10 to impose a licensing requirement on all tobacco retailers
within the unincorporated area of the County,amends Sections 14-8.008 and 445-8.004 to authorize
the Director of Health Services to utilize citations to enforce Division 445 of the County Ordinance
Code, and amends Sections 14-12.002, 14-12.004, and 14-12.008 to authorize administrative fines
for violations of Chapter 445-10.
SECTION II. Chapter 445-10 of the County Ordinance Code is repealed in its entirety and is
replaced by new Chapter 445-10, added by Section III of this ordinance.
SECTION III. Chapter 445-10 is added to the County Ordinance Code, to read:
Chapter 445-10
TOBACCO RETAILER'S LICENSE
445-10.002 License Requirement. It is unlawful for any retailer, individual, or entity to sell or offer
for sale any tobacco products in the unincorporated area of the county without first obtaining and
maintaining a valid tobacco retailer's license from Contra Costa County for each location where these
sales are conducted. No tobacco retailer's license will be issued that authorizes tobacco retailing at any
location other than a fixed location. Tobacco retailing by persons on foot and tobacco retailing from
vehicles are prohibited. Each day that tobacco products are offered for sale byla tobacco retailer
without a tobacco retailer's license is a separate violation. (Orris. 2003-01 § 3, 38-50 § 2.)
445-10.004 Enforcement of State Law. If a clerk or employee sells a tobacco product to a minor,
the retailer shall immediately notify the appropriate local law enforcement agency of the violation of
Penal Code section 308 for enforcement under that statute. (Ords. 2003-01 § 3 98-50 § 2.)
445-10.006 Definitions. For purposes of this chapter,the following words and phrases have the
following meanings;
(a) "Director"means the Director of Contra Costa Health Services or his or her designee.
(b) "Licensee"means a tobacco retailer who has been issued a tobacco retailer's license in
ORDINANCE NO. 2003-01
1
accordance with section 445-10.010.
(c) "Public Health Director"means the Public Health Director of Contra Costa County.
(d) "Tax collector"means the Treasurer-Tax Collector of Contra Costa County.
(e) "Tobacco retailer"means any retailer, individual, or entity who sells or offers for sale any
tobacco products in the unincorporated area of the county. (Orris. 2003-01 § 3, 98-50 § 2.)
445-10.008 Application,Issuance and Renewal Procedure.
(a) Application. An application for a tobacco retailer's license shall be submitted to the tax
collector in the name of the retailer, individual, or entity proposing to conduct retail tobacco
sales on the business premises. The application shall be signed by the retailer, individual or
entity or agent with written authority to act for same. All applications shall be submitted on a
form available from the tax collector and shall contain the following information:
(1) The name, address, and telephone number of the applicant.
(2) The business name, address,and telephone number of each establishment where
tobacco is to be sold.
(b) Issuance and Renewal. All tobacco retailer's licenses will be issued and due for renewal
effective July 1"and will expire on the subsequent June 30. Licensees must apply for renewal
before the tobacco retailer's license expires. Applicants for renewal must follow the application
procedures set forth in subdivision(a). (Orris. 2003-01 § 3, 98-50 § 2.)'
445-10.010 Issuance,Display, and Transfer of License.
(a) Upon receipt of a completed application for a tobacco retailer's license, including payment of a
fee pursuant to section 445-10.012, the tax collector will issue a tobacco retailer's license,
unless any of the following grounds for denial exist:
(1) The application is incomplete or inaccurate.
(2) The application seeks authorization for tobacco retailing by a person or location for
which a suspension is in effect under section 445-10.018.
(3) The application seeks authorization for tobacco retailing that is an unlawful use of land,
building or structure contrary to Divisions 82 or 84 of this code.'
ORDINANCE NO. 2003-01
2
(4) Failure to pay an outstanding fine.
(b) Each licensee must prominently display the tobacco retailer's license at the location where
tobacco retail sales are conducted.
(c) The tobacco retailer's license is nontransferable. if there is a change in location, a new tobacco
retailer's license will be issued for the new address upon receipt of an application for change of
location. The new tobacco retailer's license will retain the same expiration date as the previous
one. (Orris. 2003-01 §3, 98-50 § 2.)
445-10.012 License Fee. A tobacco retailer's license will not be issued unless a fee is paid. The fee
for a tobacco retailer's license shall reflect the reasonable cost of providing services necessary to the
licensing activities of this chapter. The fees prescribed by this section are regulatory permit fees and do
not constitute a tax for revenue purposes. The fee shall be in the amount established annually by the
Board of Supervisors in the Contra Costa County Health Services:Department's fee schedule. (Orris.
2003-01 § 3, 38-50 § 2.)
445-10.014 Business License. if a tobacco retailer's license is denied, revoked, or suspended
pursuant to this chapter,the holder of valid business license issued pursuant to chapter 64-14 of this
code may nevertheless carry on all lawful aspects of his or her business, other than the sale or offering
for sale of tobacco products,unless otherwise prohibited. (Ords. 2003-01 §3, 98-50 § 2.)
445-10.016 License Revocation.
(a) Grounds for Revocation. A tobacco retailer's license may be revoked on any of the following
grounds:
(1) One or more of the grounds for denial of a tobacco retailer's license under section 445-
10.010 existed either when a license application was made or before the tobacco
retailer's license was issued.
(2) The tobacco retailer's license fee is unpaid.
(3) The tobacco retailer's license has been transferred in violation of section 445-10.010.
(b) Notice of Revocation Hearing. If any grounds for revocation exist, the Director may issue a
Notice of Revocation Hearing. A Notice of Revocation Hearing will be served to a tobacco
retailer as specified in Section 445-10.022 and will include all of the following information:
(1) The address or a definite description of the location where the tobacco retailer's license
is issued.
ORDINANCE NO. 2003-01
3
(2) The grounds for revocation.
(3) The date of the revocation hearing before the Public Health Director. The Notice of
Revocation Hearing will set the hearing date no sooner than 20 days and no later than
45 days following the date the Notice of Revocation Hearing is served.
(c) Revocation Hearing. A tobacco retailer's license maybe revoked by the Public Health
Director after a tobacco retailer's license revocation hearing. At the hearing,the licensee will
be given the opportunity to testify and to present evidence concerning the grounds set forth in
the Notice of Revocation Hearing. After considering the testimony and evidence submitted at
the hearing,the Public Health Director will issue a written decision to revoke or not revoke the
license and will list in the decision the reason or reasons for that decision. The written decision
will be served as specified in section 445-10.022. A revocation is without prejudice to the
filing of a new application for a tobacco retailer's license.
(d) Revocation Appeal. The decision of the public Health Director to revoke a tobacco retailer's
license is appealable to the Board of Supervisors and will be heard at a noticed public hearing
as provided in Chapter 14-4 of this Code.
(e) Final Order. The tobacco retailer's license revocation becomes a final administrative order at
one of the following times.
(1) On the date of the revocation hearing, if a tobacco retailer fails to appear at a scheduled
revocation hearing.
(2) On the date the Public Health Director's decision is served, if a tobacco retailer fails to
file a written appeal to the Board of Supervisors within the time specified.
(3) Can the date of the appeal hearing, if a tobacco retailer fails to appear at a scheduled
appeal hearing before the Board of Supervisors.
(4) On the date of the decision by the Board of Supervisors, if a tobacco retailer appears
at a scheduled appeal hearing before the Board of Supervisors. (Orris. 2003-01 § 3,
98-50 § 2.)
445-10.018 License Suspension.
(a) Grounds for Suspension. A tobacco retailer's license may be suspended for any violation of
this division,Division 440 of this code, or any state or federal tobacco-related laws.
(b) Notice of Suspension Hearing. If any grounds for suspension exist, the Director may issue a
ORDINANCE NO. 2003-01
4
Notice of Suspension Hearing. The Notice of Suspension Hearing will be served to a tobacco
retailer as specified in Section 445-10.022 and will include all of the following information:
(1) The date of the violation.
(2) The address or other description of the location where the violation occurred.
(3) The Code section(s)violated,or applicable state or federal law violated, and a
description of the violation.
(4) The time period of the tobacco retailer's license suspension.
(5) The date of the suspension hearing before the Public Health Director. The Notice of
Suspension Hearing will set the hearing date no sooner than 20;days and no later than
45 days following the date the Notice of Suspension Hearing is served.
(c) Suspension Hearing. A tobacco retailer's license may be suspended by the Public Health
Director after a tobacco retailer's license suspension hearing. At the hearing,the licensee will
be given the opportunity to testify and to present evidence concerning the Notice of Suspension
Hearing. After considering the testimony and evidence submitted at the hearing,the Public
Health Director will issue a written decision to suspend or not suspend the tobacco retailer's
license. The Public Health Director will list in the decision the reason or reasons for the
decision and will list the time period of the tobacco retailer's license suspension, if applicable.
The written decision will be served as specified in section 445-10.022.
(d) Time Period of License Suspension.
(1) A tobacco retailer's license suspension may be up to 30 days for a first violation.
(2) A tobacco retailer's license suspension may be up to 90 days for a second violation
occurring within 24 months of the first violation.
(3) A tobacco retailer's license suspension may be up to one year for each subsequent
violation occurring within 24 months of the most recent prior determination.
(e) Suspension Appeal. The decision of the Public Health Director to suspend a tobacco retailer's
license is appealable to the Board of Supervisors and will be heard at a noticed public hearing
as provided in Chapter 14-4 of this Code.
(f) Final Carder. The tobacco retailer's license suspension becomes a final administrative order at
one of the following times:
ORDINANCE NO. 2003-01
5
(1) On the date of the suspension hearing, if tobacco retailer fails to appear at a
scheduled suspension hearing.
(2) On the date the Public Health Director's decision is served, if a tobacco retailer fails to
file a written appeal to the Board of Supervisors within the time specified.
(3) On the date of the appeal hearing, if a tobacco retailer fails to appear at a scheduled
appeal hearing before the Board of Supervisors.
(4) On the date of the decision by the Board of Supervisors, if a tobacco retailer appears
at a scheduled appeal hearing before the Board of Supervisors.
(g) During a period of license suspension, the tobacco retailer must remove from public view all
tobacco products. (Ords. 2003-01 § 3, 98-50 § 2.)
445-10.020 Enforcement. The County may seek compliance with this chapter by any remedy
allowed under this code, including, but not limited to, revocation(Section 445-10.016), suspension
(Section 445-10.018), administrative fines (Chapter 14-12), criminal citations(Section 14-8.008), and
any other remedy allowed by law. (Ords. 2003-01 § 3, 98-50 § 2.)
445-10.022 Service. All notices or decisions required to be served by this chapter will be served
either by the method specified in subsection(a)or by the method specified in subsection(b). The
failure of a person to receive a properly addressed service shall not affect the validity of the
proceedings.
(a) Certified mail. Certified mail will be addressed to the tobacco retailer at the address shown on
the license application. Service is deemed complete upon the deposit of the notice or decision,
postage pre-paid, in the United States mail. Simultaneously, the same notice or decision may
be sent by regular mail. If a notice or decision sent by certified mail is returned unsigned, then
service is deemed effective pursuant to regular mail on the date mailed.'
(b) Personal service. Personal service is deemed complete on the date the notice or decision is
personally served. (Orris. 2003-01 § 3, 98-50 § 2.)
SECTION TV. Section 445-8.004 of the County Ordinance Code is amended to read:
445-8.004 Violations.
(a) The Director of Health Services, or his or her designee, will review and',may act upon any
written complaint submitted by any private citizen or county officer or employee concerning any
advertising or promotion prohibited by this division. The Director of Health Services, or his or
ORDINANCE NO. 2003-01
6
her designee, may serve written notice requiring correction of any violation of this section upon
the person responsible for the advertising display sign or promotion or self-service display
prohibited by this division. Any notice issued shall specify a date by which the violation must be
corrected.
(b) Failure to correct specified violations after written notice has been served may result in
enforcement by any remedy allowed by this code.
(c) Each separate display of tobacco advertising or promotion prohibited by this division is a
separate violation.
(d) For purposes of determining liability of persons, firms or corporations,controlling franchises or
business operations in multiple locations, each individual franchise or business location shall be
deemed a separate entity. (Ords. 2003-01 § 4, 98-43 § 2).
SECTION V. Section 14-8.008 of the County Ordinance Code is amended to read:
14-8.008 Infraction arrest and citation.
(a) The following officers, or their designated subordinates, shall have and are hereby vested with
the authority to arrest any person who violates the following provisions of this code and other
codes as indicated,punishable as infractions:
(1) Director of Health Services: Division 413, Division 445, Chapters 414-4,414-6,416-
14,418-2,418-6, 418-12,420-2,420-6, 450-6,and Labor Code'Section 6404.5;
(2) Director of Building Inspection: Title 7;
(3) Director of Community Development: Title 8;
(4) Director of Public Works: Divisions 1002, 1010, 1014, 1106 and 1110;
(5) Sheriff: Divisions 410, 1110.
(b) The above-listed officers, or their designated subordinates, may issue citations for infraction
violations of the above-listed code provisions.
(c) The county administrator may by written order issue regulations to provide for administration,
procedures and policy direction for this section. (Ords. 2003-01 § 5, 2002-48 § 18, 2001-3
§ 1, 98-31 § 1, 98-22 § 2, 96-21 § 2, 95-36 § 1,90-122 § 2, 86-80 § 2;Penal Code §§
19.7, 836.5, and 853.6;Labor Code § 6404.5.)
ORDINANCE NO. 2003-01
7
SECTION VI. Section 14-12.402 of the County Ordinance Code is amended to read:
14-12.002 Applicability and Authorization.
(a) This Chapter provides for administrative fines, enforcement, and collection remedies that the
County may pursue to address any violation of the following provisions of the Contra Costa
County Ordinance Code:
(1) Division 413 and Chapters 414-4, 414-6, 416-14,418-2,418-6,418-12, 420-2,
420-6,and 454-6 (environmental health regulations).
(2) Chapter 445-10 (tobacco retailer's licenses).
(3) Title 7 (building regulations).
(4) 'Title 8 (zoning regulations).
(b) Remedies under this Chapter are in addition to any other remedy allowed by this Code or
applicable law. The use of this Chapter is at the sole discretion of the Director.
(c) This Chapter is authorized by California Government Code section 530 69.4. (Orris. 2003-01
§ 6, 2402-47 § 3,2000-21 § 2.)
SECTION VIL Section 14-12.004 of the County Ordinance Code is amended to read:
14-12.004 Definitions. For purposes of this chapter,the following words and phrases have the
following meanings:
(a) "Director"includes the following officials and their designees:
(1) Director of Health Services.
(2) Director of Community Development.
(3) Director of Building Inspection(County Building Official).
(b) "Effective date"means the date by which a violation must be corrected,',as specified in a Notice
of Violation.
(c) "Hearing Examiner"means the following officials:
ORDINANCE NO. 2003-01
8
(1) Director of Environmental Health.
(2) Public Health Director.
(2) Director of Building Inspection.
(3) Zoning Administrator.
(d) "Owner"means the owner of property upon which a violation of this chapter exists, the
occupant of that property,or any other party responsible for the violation.
(e) "Service date"means the date a notice or decision is served in accordance with section 14-
12.018. (Ords. 2003-01 § 7, 2002-47 § 3, 2000-21 § 2.)
SECTION VIII.. Section 14-12.008 of the County Ordinance Code is amended to read:
14-1€2.008 Appeals.
(a) Any person upon whom an administrative fine is imposed by the Director may appeal the fine
pursuant to the procedures set forth in this section. The appellant mustfile a written appeal with
the Director within 15 calendar days of the service date of the Notice of Fine. The written
appeal must contain:
(1) A brief statement setting forth the interest the appealing party has in the;matter relating
to the imposition of the penalty, and
(2) A brief statement of the material facts that the appellant claims supports his or her
contention that no administrative penalty should be imposed or that an administrative
penalty of a different amount is warranted.
(b) Notice of the appeal hearing will be served as specified in section 14-12.018 and will set the
appeal hearing no sooner than 20 days and no later than 45 days following the service date of
the notice of appeal hearing.
(c) An appeal of an administrative fine imposed for violations of this Code will be heard by the
following Hearing Examiners:
(1) Director of Environmental Health for violations of Division 413 and Chapters 414-4,
414-6, 416-14,418-2,418-6, 418-12,420-2,420-6, and 450-6.
(2) Public Health Director for violations of Chapter 445-10.
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(3) Director of Building inspection for violations of Title 7.
(4) Zoning Administrator for violations of Title 8.
(d) At the hearing,the appellant will be given the opportunity to testify and to present evidence.
(e) After considering the testimony and evidence submitted at the hearing,or after the appellant has
failed to appear at the hearing,the Hearing Examiner will issue a written decision to uphold,
modify,or cancel the administrative fine and will list in the decision the reason or reasons for
that decision. The decision will be served as specified in section 14-12.018. (Ords. 2003-01
§ 8, 2002-47 § 3,2000-21 § 2.)
SECTION IX. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and
within 15 days of passage shall be published once with the names of the supervisors voting for and
against it in the Contra Costa Times, a newspaper published in this County.
PASSEL}ON by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL]
Deputy
TLG:
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