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Home My WebLink AboutMINUTES - 10052004 - SD6 Contra TG'. BOARD OF SUPERVISORS Caste FROM: William B. Walker, MD, Health Services Director DATE: October 5, 2004 SUBJECT: Appeal of Suspension of Tobacco Retailer's License for 7-Eleven Store, Pacheco, CA SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONI SJ: 1. OPEN the hearing on the appeal of the two-day suspension of a Tobacco Retailer's License issued to Narbir Singh Sarang for tobacco retailing at 7-Eleven Store 2232 32993A, located at 5844 Pacheco Boulevard, Pacheco, CA; RECEIVE and CONSIDER oral and written testimony and other evidence from the County enforcement officer, the licensee, and other persons; and CLOSE the hearing. 2. FIND that the facts set forth below are true. 3. UPHOLD the decision of the Public Health Director to suspend the above-referenced Tobacco Retailer's License. 4. ORDER the suspension of the above-referenced Tobacco Retailer's License for two days. FISCAL IMPACT: None. FACTUAL BACKGROUND: 1. Narbir Singh Sarang was issued a Tobacco Retailer's License authorizing the sale of tobacco products at 7-Eleven Store 2232 32993A, located at 5844 Pacheco Boulevard, Pacheco, CA. The retailer paid for the license on July 17, 2003, 2. An illegal sale of tobacco products to a minor was made on April 26, 2004. 3. The illegal sale occurred at the 7-Eleven Store located at the above address. 4. A citation for a violation of California Penal Code section 308(a)was written by the Sheriffs Office and signed by the employee who made the sale. 5. The employee pleaded guilty to violating California Penal Code section 308(x)on June 7, 2004 and paid a fine of$125.00. 6. Ordinance Code section 445-10.018 authorizes the suspension of a Tobacco Retailer's License for any violation of any state tobacco-related laws. r CONTINUED ON ATTACHMENT: XX YES NO SIGN URE . RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF B# ARD COMMITTEE .,APPROVE OTHER SIGNATURE(S): r y•^' ACTION OF BOARS N (L' ��)f `.Di €Jf( APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS: _ UNANIMOUS (ABSENT Is}} ``< ) I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN. ¢, Contact:Charlotte Dickson,313-8216 ATTESTED JOHN SWEETEN,CLERK OF THE BOARD OF cc: Public Health Director,597 Center,#200,Martinez SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Director,20 Allen,Martinez BY: ��" €�4 DEPUTY FACTUAL BACKGROUND (CONTINUED); 7. A Notice of Suspension Hearing was sent to the retailer via certified mail on June 10, 2004. 8. A Tobacco Retailer's License Suspension Hearing was held July 7, 2004, before Dr. Wendel Brunner, Public Health Director. After considering the testimony and evidence, the Public Health Director ordered the above-referenced tobacco retailer's license suspended for two days, beginning August 15, 2004. The Statement of Decision is attached. 9. On August 4, 2004, Narbir Singh Sarang 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 Narbir Singh Sarang. REST TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: LEV;Fd111o,,Phone: Address: S-6 City: 1 a L I am speaking for myself or organization: - -2- CHECK ONE: I wish to speak on Agenda Item # — -- Date: My comments will be: Cl General O Far Against 0 1 wish to speak on the subject of: �. � � I do not wish to speak but would like to leave thesecomments for the Board to consider: Please see reverse for instructions and important information Wit lIAM B. WALKER, M. D. CONTRA COSTA Hr,mr, s ,i(.t.� DiFrcmR PUBLIC HEALTH �. WI Nt)i i B1tuNNI R, M.D. Poeu< D1scCTo2 COMMUNITY WELLNESS -- CONTRA COSTA & PREVENTION PROGRAM H E A L T H SERVICES 597 Center Avenue, Suite 115 Martinez, Caiitorniaa 94553 Ph (925) 313-6808 Fax (025) 313-6840 Summary of Suspension Hearings and Decisions October 2003 - July 2004 Date of Heati Violation Decision October 2, 2003 PC308(a) One week. � suspension April 13, 2004 Tobacco Free No suspension Youth Ordinance i May 12, 2004 PC308(a) One week sus ension June 3, 2004 PC308(a) One week suspension July 7, 2004 PC308(a) Two day suspension PC308(a)— No tohm sales to rrt m Toro-Free Youth Hance—no self sem d*&ys oftom p uk4z. Bold: Dearing that is the subject of the October S, 2004 appeal. Contra Cosa Comm ritV Substance Abuse Services • Come Cosa Emerye.rcy PJledical e vices Contra%osta Envf onrnental Health • Cont,a`osta Heath Plan + " WF • Contra Costa Haaa�dous materials Programs •Contra r osta Mental Health Cont'a Costa Pubh-Healtn • Contra Costa Reg,onai Medica! enter + Cr tra Costa!dealt!",Centers � . t The Board of Supervisors Contra John seen Clerk of the Board Costaanti County Administration Building County Administrator 651 Pine Street,Room 106 County (925)335-1900 Martinez,California 94553-4065 Jahn Glota,District I Gayle B.Uilkema,District 11 Millie Greenberg,District III MarkbeSaulyder,District IV Federal D.Glover, District V September 23, 2004 Narbir Singh Sarang 7 Eleven Stare 2232 32993A Pacheco CA 94553 Dear Mr. Sarang: Pursuant to Section 14-4.006 of the County Ordinance Code, notice is given that October 5,2004 at 9:30 a.m. at 651 Pine Street, Room 107,Martinez, California has been set as the time and place for hearing by the Board of Supervisors of your appeal from the decision concerning the Tobacco Retailer License Suspension by the Director of Public Health. If you challenge this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the County, at or prior to, the public hearing. Sincerely, John Sweeten, Clerk of the Board of Supervisors and County inistrator By .R u cHuen, Deputy Clerk p tY a m tteri t 2 0 A1s c liars a € sem 1 � cletd X . #�rttxt nam ted fe pan tars , Nae cc: County Counsel , tin ; ' Count Administrator s #ti # .. ..... t mit€p it �3 v�. County tit t the irott kt �srmC D to # i�lc� Public Health Director tt� stiraea, .XXIX Frtiets�;sl, tts l 0 ROW c CtF 0.. ML.. ia � 3 XXXXXX � • 3f680 00014 Q1� �1 5L1�31 rsae stz .3 """" ust3f3� I3otxstle Return It BOARD OF SUPERVISORS, +CONTRA. COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING IN THE MATTER OF ) Narbir Singh Sarang ) 7 Eleven Stare 2232 32993A ) Pacheco CA 94553 ) Re Appeal of Tobacco Retailers's } License Suspension. I declare under penalty of penury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 18; and that today I deposited Certified Mail with. Contra Costa County Central Service for mailing in the United States Postal Service in Martinez, California, first class postage fully prepaid, a copy of the hearing notice to the following: Narbir Singh Sarang 7 Eleven Store 2232 32993A Pacheco CA 54553 I declare under penalty of perjury that the foregoing is true and correct, Martinez, CA. Date: September 23, 2004 W IkYY e McHuen, Deputy Clerk Clerk of the Board of Supervisors Contra John sweeten Clerk ofthe Board Costa County A-4 -ainistration Building Co ta County Administrator 651 Pine Street, Room 106 Coll. tv (925)335.1900 Martinez,California 9455340168 �J John Gioia,District I Gayle B.Uilkema,District 11 Millie Greenberg,District III Mark Desaulnier,District IV Federal 1).Clover, District V August 31, 2004 i fJ . 2` Wendel Brunner, MD, Director of Public Health ` ' 597 Center Avenue, Suite 200 Martinez CA 94553 =' In response to your memo of August 26, 2004 noting that you will be out of the office on September 21, 2004 and your arrangements with MJ Lanni, I have rescheduled the Administrative Appeal of Tobacco Retailer Suspension for Mr. Sarang to Tuesday, October 5, 2004 at 9:30 a.m. Thank you. cc: County Counsel County Administrator(attention: MJ Lanni) WILLIAM B.WALKER, M.D. CONTRA COSTA ,HEALTH St.RvtcEs DIRECTOR _ PUBLic HEALTH WENDEL BRUNNER, M.D. v PUBLIC HEALTH DIRECTOR p 597 Center Avenue, suite 200 Martinez, California CONTRA C Q S TA 94553 HEALTH �TIES Ph 925 1 ��. ..�,.. Fax (925) 313-6721 s <' E- MAIL ADDRESS wbrunnerghsd.co.contra-costa.ca.us f a AUG 3 0 RECT a t h 3 Date: August 26, 2004 To: June McHeun, Deputy Clerk of the Board From: Wendel Brunner, MD, Director of Public Health Subject: Administrative Appeal of Tobacco Retailer Suspension 1 am writing to advise your office that l will be out of town on September 21, 2004. 1 request that the date of this administrative appeal before the Board of Supervisors be rescheduled to Tuesday, October a, 2004 at 9:30 a.m. as discussed with MJ Lanni of the County Administrator's Office. Thank you. cc County Counsel County Administrator(attention: MJ Lanni) Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Heath • 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 VERIFICATION I, as the Owner/franchisee ofx v-g eve, a r X14 ,have submitted thist Administrative Appeal of the decision of the Contra Costa County Public Health Department to C'C !C `l��'Yr`4t° , dated 'CLlid1{)W the contents thereof and the same is true of my own knowledge except for mattersthere ted on information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day, � ,.�, 2004 in Martinez , California. t EIS f p 14 16-4 Ale Cry r S S e �; �'��`' `C�, '�;we, �a•,d�t s`�t-s ,�;1"'- £�`�e,�s.. ��svl -�g?i�� t„1'0'�- ��5'.i` S',3�-3 I�-.'�",,.. xf�t c c� �r'J�: �t�.�'' �!��f 7'��'dk'• �,1� �.Lf i�j -��i€'�6t3t�''L�,.� i�S' G+ ILA '44 Own/ f pm d'M- do d Yl t} j tout G.t'^ fi��p� �fr t�-a� .� �L G 4wi %e i('f?,,2„ e„r7 Wendel Brunner, MD Director of Public Health Contra Costa County 597 Center Avenue, Suite 200 Martinez, CA 94553 IN THE MATTER OF: 7 Eleven Store 2232 32993A STATEMENT OF DECISION 5844 Pacheco Boulevard FOLLOWING TOBACCO RETAILER'S Pacheco, CA 94553 LICENSE SUSPENSION HEARING i This matter came on for hearing before Dr. Wendel Brunner on July 7, 2004, at 2:00 p.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 should be suspended pursuant to County Ordinance Code section 445- 10.018. The following individuals testified on behalf of the County: 1. Charlotte Dickson, Tobacco Policy Coordinator The following individuals testified on behalf of the tobacco retainer. 1. Mr. Narbir Singh Sarang 2. The son of Mr. Narbir Singh Sarang The following evidence was submitted: 1. Documentation of citation for an illegal sale to a minor on April 26, 2004 and proof of Judgment of guilt and payment of fines. 2. Documentation of 10 tobacco stings conducted by the Sheriffs Office that resulted in one illegal sale of tobacco to a minor. 3. Testimony about the state of the art training system mandated for employees regarding sales of alcohol and tobacco. 4. Testimony from the offending employee. 5. Testimony regarding re-training of the offending employee. After considering the testimony and evidence, the Public Health Director makes the following factual findings: 1. The retailer paid for the license on July 17, 2003 for 7 Eleven Store 2232 32993A, 8844 Pacheco Boulevard, Pacheco, CA 94553 2. An illegal sale of tobacco products to a minor was made on April 26, 2004. 3. The illegal sale occurred at the 7 Eleven Store located at the above address. 4. A citation for a violation of PC 308 (a) was written by the Sheriff's Office and signed by the employee who made the sale. 5. The employee pled guilty to violating PC308(a) on June 7, 2004 and paid a fine of$125. 6. The Notice of Suspension hearing was sent to the retailer via certified mail on June 10, 2004. 7. The owner retrained the employee and has since installed a state of the art computer training program regarding sales of alcohol and tobacco. The Public Health Director orders: The above-referenced tobacco retailer's license is suspended for two (2) days, beginning Sunday, August 15, 2004. During the suspension period, the tobacco retailer is prohibited from selling or offering for sale any tobacco products at the above- referenced location. This suspension may be appealed to the Board of Supervisors by filing a written notice of appeal with the Clerk of the Board of Supervisors, County Administration Building, 651 Pine Street, Martinez, California 94853, within 30 days of the date this decision is served. Date: July 7, 2004 ,( p .�. , 06 Wendel Brunner, MD Director of Public Health Contra Costa County AFFIDAVIT OF SERVICE BY MAIL OR HAND DELIVERY (Contra Costa County Ordinance Code section 445-10.022) IN THE MATTER OF: 7 Eleven Store 2232 32993A STATEMENT OF DECISION 5344 Pacheco Boulevard FOLLOWING TOBACCO RETAILER'S Pacheco, CA 94553 LICENSE SUSPENSION HEARING I declare that I am a duly appointed, qualified employee of the Public Health Department of Contra Costa County, California. I further declare that I served a true copy of the attached document entitled: STATEMENT OF DECISION FOLLOWING TOBACCO RETAILER'S LICENSE SUSPENSION HEARING by placing the document in an envelope addressed as follows: Mr. Narbir Singh Sarang 7 Eleven Store 2232 32993A 5344 Pacheco Boulevard Pacheco, CA 94553 The document was served as fellows: X 1. 1 deposited the document in the United States mail in the City of Martinez, certified mail postage prepaid, return receipt requested. 2. 1 deposited the document in the United States mail in the City of Martinez, first class postage prepaid. 3. 1 hand-delivered the document. The document was mailed on July 9, 2004. 1 declare under penalty of perjury that the foregoing is true and correct. Date: July 9, 2004, at Martinez, California. JanIll r, Secretary to the Public Health Director Pub ealth Administration Contra Costa Health Services `frl:proo€of service(10103)