HomeMy WebLinkAboutMINUTES - 01282003 - C13 0%n t r a
TO: BOARD OF SUPERVISORS
FROM: William B. Walker, MD, Health Services Director
Cosi
DATE: January 13, 2003 ounty�
SUBJECT: ADOPT TOBACCO RETAILERS LICENSING ORDINANCE NO. 2003-01
SPECIFIC REQUEST(S)OR RECOMME#'DAT#ON(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. ADOPT Ordinance No, 2003-01 to impose e licensing requirement on all tobacco retailers within
the unincorporated area of the County.
2. ADOPT findings in support Of Ordinance leo. 2003-01.
F-ISCAL iMPACT:
Tie costs of enforcina this ordinance are covered by State tobacco settlement funds. Tire costs Of
outreach, education, and follow-up are covered by Proposition 99 fends. A tobacco retailer's license
fee is anticipated to recover the reasonable cost Of providing services necessary t0 the Hcensi gig
civtie�.
A%`KQROUND:
On Januar. 21, 2003, the Board of Supervisors Introduced Ordinance No. 2003-01, Which Wouid
impose a Hcensing requirement on all tobacco retailers within the unincorporated area of the County,
Waived reading, and fined January 23, 2003, for adoption of the ordinance. The Board also declared
its intent t0 adopt findings in support of the ordinance.
The ordinance and findings in support, of the ordinance are attached. The January 21, 2003, Board
Order on this ordinance provides addition I background.
CONTINUED ON ATTACKMENT: YES NO SIGNATURE:
___—------—___....___k.___---------_--__..----------
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"ARECO fts �L?AT:� N Or C'OUNTY A01 INISTRA;OR RECOMMENDATION OF BOARD COMP,41#TTEE
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BOARD ON za APPROVE AS RECOAa ENDED A OTHER
VOTE OF SUPERVIISORS #HEREBY CERTIFY THAT THIS#S A TRUE
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BOARD OF SUPERVISORS ON THE DATE
AYES:_ NOES: SHOWN.
ABSENT— ABSTAIN:
ATTESTED
WOHN SWE -tEINI CLEFR ThBiJA Car
SUPERVISOR85'AND COUNTY Ar#WNISTRATOR
CONTACT: Charlotte DicksCNI(313-6216)
CC: wMiam B.Waiker,MD,HS0 Director,20 Ai#er,,Vtz
Wer;de�B-Ur ,or,MD,Puts€?c�4eaf?h Director,a, � '
597 Center Averwe,#2003,#vttz ,l #
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TO: Supervisor Clark DeSauinier, Chair Date: January 14, 2003
Supervisor Gayle Ui€kema
Supervisor Donna Gerber
Supervisor John Gioia Re: Tobacco Retailer's
Supervisor Federal Glover s 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 1993, the Board of
Supervisors adopted the Tobacco-Free Youth Or6nance and a Tobacco Retailer's
License Ordinance that would require tobacco retailers found in vioiat on 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 self tobacco. in February 2092, the
Board moved to strengthen the licensing ordinance by requiring all tobacco retailers to
obtain a license to seri tobacco products. This direction was pursued because several of
the Tobacco-Free Youth Ordinance's provisions were nullified by the June 2091
Supreme Court decision that overturned Massachusetts regulation's 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, 2902, Contra Costa Health Services and the Sheriff's Office have
actively enforced the Tobacco-Free Youth Ordinance and P0393a, the state law
prohibiting saes of tobacco products to minors. These efforts have been supported by a
grant from California's Tobacco Control Section that is funded by Mate Tobacco
Settlement fur lds. 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
L;; there be no self-service displays of tobacco products between July 1 and
December 31, 2002, the S'heriff's Office completed 35 of 32 attempted tobacco buys
using underage decoys and issued misdemeanor citations. These results translate Into
a 42,6% illegal sales rate. dearly, 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 1993, and local, state, and federal laws
governing the sales of tobacco products.
cc William Walker, MD, Health Services Director
a Contra Costa Community Substance Abuse Services Contra Costa Emergency Medical Services Contra Costa Environmental Health U Contra Costa Health Pian 2
Contra Costa Hazardous Materials Programs 2 Contra Costa Mental Health Contra Costa Pubirc Health q Contra Costa Regional Medical Center m Contra Costa Health Centers
F
INDINGS IN SUPPORT OF ORDINANCE 2003-01 (Tobacco Retailer's Licenses)
State P -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 ,he
identification of tobacco purchasers who reasonably appear to be under 18 years of age (Bus.
&Prof. Code, §§ 22952, 229568)
1 State law requires that tobacco retailers post a conspicuous notice at each point of sale stating
that selling tobacco products to an gone 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 per its the sale of tobacco
n- roducts from certain vending machines (Bus. &Prof. Code, § 22962.)
1
5. Under Contra Costa County Ordinance Code Chapter 445-6, it is unlawfal for any person or
tobacco retailer to sell, perinit to be sold, offer for sale, or display for sale any tobacco product
by rneans 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 lav-i prohibits the sale of"bidis" (hand-rolled filtefless cigarettes imported primarily ftom
radia and some Southeast Asian countries) except in adult-only establishments (Pen. Code, §
308.1.)
7. Statelaw 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,mirrors 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 lion in profits from underage smokers.'-
10. In a 2002 California youth tobacco-buying survey, 19.3% of_retailers surveyed unlawfilly sold
Joseph P. DiFranza,M,D.& '•ohn J. Librett,M.P.H..State and Federal Revenuesftoni Tobacco Consumed�yAdinors.89
Am-J.Pub.I-1 ea4h, 1�06(1999).
2
tobacco products to minors.-
112€30 , 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 s.-If-reported youth tobacco use in Contra Costa County ranges from 8.2%
to 26%, depending on the survey used. The 1999 Califomia Tobacco Survey, a survey
ad-r; 'stere
d over the telephone, found that 8.2%of youth ages 12-17 said they smoked within
i
a 30-day period. A 2000 Healthy Kids Survey, an anonymous written survey administered in
the classroom, found that i 7% of 9'h graders and 26% ox" 11`x' graders said they smoked within
a.3 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 retaileIrs. Of the buys attempted, 32 were
completed. The retailers were issued misdemeanor citations for violating Penal Code section
308(a),which prohibits tobacco sales to minors.'
14. Eighty-eight percent of adults who have ever
smoked tried their first cigarette by the age of IS
and the average age at which smokers try their first cigarette is '14Y2,.'
15. California courts in such cases as Cohen v. Board ofl5upervisors (1985)40 Ca.1.3d 2779 and
Bravo Vending v. City ofRancho Mirage(1993) 16 CalAppAth 383,have affirmed the
power of counties and cities to regulate business activity in order to d1scourage 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 prornoting 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.
I Cal.Dept Health Services, Youth Tobacco Purchase Survey 2002.
Cal..Den,.Hea'm Services, Youth Tobacco Purchase Survey 2001
Survey resu:ts of the 1999 Califbmia Tobacco Survey,conducted by the Tobacco Control Section of thee Callifol-nia
Dee)artrnent of Health Services,and the 2000 Mount Diablo UniflOd School District Health Kids Survey. The survey resu!ts are
a Wble f-orn the Comm Costa County Tobaccoon Prevent; Project.
va!
lnspec*ion results availzole fiom the Contra Costa County Tobacco Prevention Project.
U.S_ Dept of -eaith&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;; VIOI,ATIO S;
CITATIONS; ADMINISTRATIVE FLNES
The Contra Costa County Board of Supervisors ordains as follows (ornitting the parenthetical footnotes
from the official text of the enacted or amended provisions of the County Ordinance Code):
SECTION Ia SUMMARY. This ordinance repeals Chapter 445-1€1 of the County Ordinance Code
and replaces it with new Chapter 445-1€;to iinpose a licensing requirement on all tobacco retailers
within the unincorporated area of the County, arnends Sections 14-8.008 and 445-8.004 to authorize
the Director of Health,Services to utilize citations to enforce Division 44.5 of the County my Ordinance
Code, and am-ends Sections 14-12.002, 14-12.004, and 14-12.008 to authorize administrative fires
for violations of Chapter 445-10,
SECTION TIO 11. Chapter 445-10 of the County Ordinance Code is repealed in its entirety and is
replaced by new Chapter 445-1€1, added. by Section Ili of this ordinance.
SECTION III. Chapter 445-10 is added to the County Ordinance Code, to read:
Chapter 445@I0
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 ffirorn Contra Costa County r each location where these
sales are conducted. IN,o tobacco retailer's license will be issued that authorizes tobacco retailing at any
location Esther than a fired location. Tobacco retailing by perso s on foot and tobacco retailing from,
vehicles are prohibited. Eads day that tobacco products are offered for sale by a tobacco retailer
without a tobacco retailer's license is a separate violation. (Ords. 2003-01 § 3, 98-50 § 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 § 1)
445-10.006 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) "Director"rneauns 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 E NO. 2€ 03-01
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. (Ords. 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 narne, 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 I"and will expire on the subsequent June 30. Licensees rnust apply for renewal
before the tobacco retailer's license expires. Applicants for renewal must follow the application
procedures set forth in subdivision (a). (Ords, 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 unlaw-fUl use of land,
building or structure contrary to Divisions 82 or 84 of this code.
ORDENYANCE NO. 20'03-01
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. ",he new tobacco retailers license will retain the expiration date as the previous
one. (Ords. 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 atobacco 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';ax for revenue purposes. The fee shall be iia the amount established annuallyby the
Board of Supervisors in the Contra Costa County Health Services Department's fee schedule. (Ords.
2003-01 § 3, 98-50 § 2.)
445-10.014 Business License. If a tobacco retailer's license is denied, revoked, or suspended
pursuant to this chapter, the holder of a valid business license issued pursuant to chapte.r 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, 98650 § 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-
1€1.010 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 inviolation ofsection 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
0
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 lice.-Ise
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 may be 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 Healf-i 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 tirnes:
(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) On the date of the appeal hearing, if a tobacco retailer falls to appear at a scheduled
appeal hearing before the Board of SuperVisols.
(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. (Ords. 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 ofiSuspens-lion.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 la,,v 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 susperid 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 priordetermination.
(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 Order. The tobacco retailer's license suspension becomes atinal administrative order at
one of the following times:
ORDINANCE NO. 2003-01
5
I On the date of the suspension hearing, if a tobacco retailer fails to appear at a
I
scheduled suspension hearing.
(2) On the date the Public If ealth 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) Certi-fied 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. 11"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. (Ords. 2003-01 § 3, 98-50 § 2.')
SECTION IV. Section 445-8,004 of the County Ordinance Code is a=mended 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
Iger designee, may serve written notice requiring correct-ion of any violation of this section upon
the person responsible for the advertising display sign or promotion or sem 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. (Orris. 2003-01 § 4, 98-43 § 2).
SECTION V. Section 14-8.008 of the County Ordinarice 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 reginations 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.)
ORDINIANCE NO. 2003-01
7
SECTION VI. Section 14-12.002 of the County Ordinance Code is arnended 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 450-6 (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 Goverriment Code section 53069A. (Ords. 2003-01
§ 6,2002-47 § 3, 2000-21 § 2.)
SECTION V11. Section 14-12.004 of the County Ordinance Code is amended to read:
14-12.004 Definitions. For purposes ofithis 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 Exanniner"means the following officials:
ORDNANCE NO. 2003-131
8
(1) Director of Environmental Health.
(2) Public Health Director.
(2) Director of Building Inspection.
(3) Zoning Administraton.
(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 atnerided to read:
14-12.008 Appeals.
(a) Any person upon whom an administrative fine is in posed by the Director may appeal the fine
pursuant to the procedures set forth in this section. The appellant must file 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.
ORDINANCE NO. 2003-01
9
(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 M EFFECTIVE DATE. This ordinance becomes effective 30 days alfier passage, and
within 15 days of passage shall be published once with the narnes of the supervisors voting for and
against it in the Contra Costa Times, a newspaper published in this County.
PASSED GIN January 28, 2003 by the following vote:
DeS —:
AYES: SUP UR & 9U.NIER GIOIA, UILKEMA, GERBER, GLOVF
NOES:
ABSENT: 'NONNE
ABSTAN:
X :w"
ATTEST: JOHN SWEETEN,
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: [SEAL)
5,cput�
ILG:
H-\20034iealth servjczs\Toba=\tobacco retailer ord finaWwpd
ORDINANCE NO, 2003-01
10
PROOF OF PUBLICATION
€3f . this o
t:tnime: v t`.]S.aa 't?9�, ;a) 10,10 loaan lea}
STATE OF CAUFCRMA
County cf Centra Costa "m# �° rna sn. raa ui
r i t faa a f' antra its ' #ase �"td buCdb or
€ arra r citizen of the nitad States std her deso—me.
rasldant of the a�aattt 9atrsoss3 orc~ e a$# rs to -
' a1 Iso � � as mss.
County aforesaid; ; am over the age of eighteen years, �
and not a party to or interested in the above-antlled �� ;';Jas or who shay {�>� laa�to �� ��
��3�, rs sr who pass ��
matter. t ora Esau a tozaaco ttt s #tenses crust a
!at $ al 1, rNrianty d#ar*y v4 I
1 a t :"a principal �egai C#ark of he Contra Costa i irises, s � �° , � �� �a�sxr ���-
l ,ata�'s :lam m at
a newspaper o€ general circulation, pr#n:ad and published i � ' P ��#ocsrotavt^srs saneca
a 2640 Shadeartds Drive in `ha Cit o€ Walnut Crae # 5 hast s oastatd.
County of Contra Costa, 94598. l ' at ao,ar � ^: ;o `i`ha3,ta tel tali s
rg s�^ics� t' "a� CY33e$�;rci1 if
i daaih � rkorig ?' # ire x V a,tr oc #€
And which. newspaaper °gas beer, adiudge a rpawspa er of � tss; � fano as rwim r00 W.
p# # 4a., #al* of°4=a s r t.{o, 'TK tX l to+� a &.°? u
genera; carculat%a by t e Super or Court of the Ca"un.y o` � ! '1, rases r�aas lsac�r " s �C r�
p 5r!sr,a c a a �# r�yy address i
Contra Costa, State of Ca3€ ornia: dor the data of r et s t MY�:�. :t ' ofcan�a sta�o �. �r ;r
CCtabar 22, 1934. Case§�urrtber 9764. ; PA 01. af): asko t a
(as) lobacoc p 9;, c n acoc re. wla :l a
82=ON I. SUM# y a a. hts.€sr, a F, , l€ +n t Vis^s
aha notice, or whack the annexed s a printed copy (set in to Ordinance ¢ s a a or a vaac atE Icr#c sas;r�on d to s$ rs r
„ s aFr
40-10 If M c O�sats fir saarr So r e vt Cry, _ 9 s
type not sr than nonpareil), has been published in d ��ty Ole � code ? �in�at�"#rco�ast
each -ag ilar and entire issue o. said newspaper and not 0hapts : rased + Mata Bras Oov
jn any sz ppiernen`thereof an the following dates, .o-wi.: a Roanoi g ��i¢�xi�� (01 a8�? I� .02Li:#%!1=166
V
February IC via"^#��m sassy, saw=9B> v � rf ?yrs a
4t airs:#rate �ra�otIa�?�
all in the year of 2003 is = i s amt of Orotr #w es:
a re4ttrs?'s}t' &'t� +"Vr'Id So t "ftn,An `p''oe- 04 3'.�ar$$�E.'Y V0
aaat' ° ' sett oar aS tc �f,sc#aat"s n #a cwtias fit. this a cl
certify fees deciare) grader penalty of penury that the �_ � s � 4-R � i�Ii oar#r a un t.-
foregoing tg#s true and Correct. �2. i4 spa. �� r r h of��r�s#.ar,#.>�# as 1mr2 a 4 er
$. 'b2$€� 11,4- O ta$#, Y PY -t as
#a ftp$ fdl Mr, V � r , . my
>
Executed at Wa neat Cree#c fie o aa. mos t d id s on d :� ;4, �s � ss
20C 5 prabm#aaree. The appilca
Qr.this ;day of etwuar! € ll, h� t r ane Inn s tra th
t n a 490 f' N$hn surat�� tit_{ttt a ##a
ad#A ti 1 tai agr .ta'�SiS a'�f4�, i$. t{�, 'Yk�l' #'�
F code s rape s , 'VA��� Ye t#a.�
d i "sB$ris &is atm tsr 7 f teal s a cis .g8 Sd 8 2.)
W tC a?atLr ` tion #.of tris r at ;a a �9#. 4 slasatata�E a
s# s isx Oral hof s sa }#ocrs- 4e can".If s taba t&;3.:sa.
tin folie ng#;t rho. I
C . chapter: � sus¥,c s do €� i�
antra Costa T r:as Its: as yoked, or sus "dol.,
#3is das9 to the: td
0 Bax 4147
�ntv crdls asp Via,30 o tcsuant 9 tI a C :
Wa#rt t Creek, C� 94 96 r6, tt`# The namrw,ate. a 1616,hoider o*a ld
s t�tat noxa �r ars r cf tea 3 Wrist issued pi-Mi-
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TC B :cr sty rr nevertoase
soof of Publication of. 4t {t r''N T?le a was n -E on lawful a tt:
d drsass. c cR n{ai or fir t lr ss mar Of
tattaC iad is a copy of tha lege: advertisement that t »#�. t# taws °':b bar of eaaoh #�i m�rtg�o� tl ra�a aaals or ri, l r u�
- mu it � u.rrs Wb baa ? as pater ?:at
paabiis)ed) s! I , t€ m ; aid.
of ti 3c ar for {{g�� Renewal.
s t0b +a�uCts' D4 r l
4 tA cmorpors
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