HomeMy WebLinkAboutMINUTES - 02262008 - SD.13 yr. ` Contra
TO: BOARD OF SUPERVISORS % =.z,, ��?-;
FROM: William B. Walker, MD, Health Services =r -;: Costa
Director �•.- '""� '
County
DATE: February 26, 2008
SUBJECT: Appeal of Suspension of Tobacco Retailer's License
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. CONDUCT a public hearing on the appeal of the fourteen-day suspension of a Tobacco Retailer's License
issued to tobacco retailer at Power Mart, 3615 Gateway Road, Bethel Island, CA 94511.
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 fourteen days.
CONTINUED ON ATTACHMENT: YES SI NATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON ParaA/Y�',. 2b, 2M9' APPROVED AS RECOMMENDED V OT/ER
C/
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
/ THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT )
AYES: 'NOES:
ABSENT: ABSTAIN:
Contact: Wendel Brunner 3
cc: Health Services Department ATTESTED r_ krU_.0f
County Administration JOHN CULLEN,CLE OF THE BOARD OFSUPERVISORS
BY: ��7�/ ��� DEPUTY
Page 2 of 2
Appeal of Suspension of Tobacco Retailers License
February 26, 2008
FISCAL IMPACT:
There is no fiscal impact from the recommended actions.
BACKGROUND:
This matter came on for hearing before Dr. Wendel Brunner on December 19`h at 1:30 pm 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.
Tim Corona, Contra Costa Sheriff's Department testified on behalf of the County.
Jit Ram and Mr. Ram's son testified on behalf of the tobacco retailer.
The following evidence was submitted:
1. Documentation of citation for an illegal sale to a minor on July 9, 2007 and proof of payment of court
fines and fees.
2. Documentation of the six undercover operations conducted since 2004 by the Sheriff's Office that
resulted in one illegal sales of tobacco to a minor and prosecution.
3. Summary of enforcement action regarding the Tobacco Retailers License. Ordinance Code section
445-10.018 authorizes the suspension of a Tobacco Retailer's License for any violation of any county,
state or federal-related laws. Tobacco Retailer Licenses may be suspended for up to 30 days for the
first violation; up to 90 days for the second violation within a 24 month period; and up to one year for
each subsequent violation occurring within 24 months of the most recent determination.
After considering the testimony and evidence, the Public Health Director made the following factual findings:
1. The retailer was issued a tobacco retailer's license by the Contra Costa County Tax Collector's Office
for Power Mart, located at 3615 Gateway Road, Bethel Island, CA 94511.
2. An illegal sale of tobacco products to a minor was made on July 9, 2007 at the above address.
3. A citation for a violation of California Penal Code section 308(a) was written by the Sheriff's Office and
signed by the employee who made the sale on July 9, 2007.
4. The clerk pled guilty to violating PC308 (a) on July 18, 2007 and paid a fine and fees of$302.00.
5. The Notice of Suspension hearing was sent to the retailer via certified mail on January 3, 2008.
6. The Public Health Director ordered the above-referenced tobacco retailer's license suspended for 14
days.
January 7, 2008, Jit Ram 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 Jit Ram on February 14, 2008. Included in his
written request for an appeals hearing, Mr. Jit Ram attached a letter from the Sheriffs Office stating that there
had been a recent tobacco sting operation in his store, and that the clerk did not sell the decoy cigarettes. The
Sheriffs Office Deputy has indicated that the letter addressed to Jit Ram indicating that the clerk did not sell in
a recent youth decoy operation went out to the retailer in error.
Clerk of the Board of Supervisors Contra John Cullen
Clerk of the Board
Costaand
County Administration Btiildim, County Administrator
651 Pine Street, Room 106 County (925)335-1900
Martinez,California 94553-4068
, tip_p_.L
John Gioia,District I `_•- °^
Gayle 13.Uill:enta,District II
Mary N.Piepho,District 111 .`—
Susan A.Bonilla,District Iv
Federal 1).Glover, District V 4oY
-- __ --- •�
rTq cou
February 14, 2008
Mr.Jit Ram
3615 Gateway Road
Bethel Island,CA 94511
Dear Mr. Ram:
In accordance with Contra Costa County Ordinance Code 445-10.018,you are hereby notified that
Tuesday,February 26,2008 at 9:40 a.m.is the date and time set for the hearing of your appeal to
the decision made by the Public Health Director to suspend your tobacco retailer's license for a
period of 14 days due to violation of the license. The hearing will be held in the McBrien
Administration Building, (corner of Pine and Escobar Streets)Board of Supervisor's Chambers,
Room 107,651 Pine Street,Martinez,California.
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.
Very truly yours,
John Cullen,County Administrator
and Clerk of the Board
k fherine Sinclair,Deputy Clerk
cc: County Counsel
Dr:Brunner,Public Health.
Denice Dennis,Tobacco Prevention
Dorothy Sansoe, CAO
CONTRA COSTA COUNTY
RECEIVED
FEB 1 5 2008
OFFICE OF
COUNTY ADMINISTRATOR
01/08:2008 078:21 CONTRA COSTA COUNTY CLERK OF THE -t 93136721 NO.008 1?06
CONTRA COSTA
WILI.IAMB.WALKER,M.D. . PUBLIC HEALTH
HEALTk SERVICES DIRECTOR Q ON
,, ` T RA
.'C 0 S TA
f` 597 CENTER AvENu_,Sun 200
WENDEL BRUNNER,M.D. --- MARTINEZ,CALIFORNIA 94553
HEALTH SERVICES PH(925)313-6712
pla�crop or pualtc HEALTH FAX(925)3LM721
WBRUN NER@KSO-CCCOUNTY.US
Notice of Suspension Hearing
November 13, 2007
1t Ram
Billy Bob Market, Inc.
PO Box 710
Bethel Island, CA 94511
Dear.fit Ram:
This is a notice of suspension hearing to determine whether your tobacco retailer's license
should be suspended. The hearing will be held at 1:34 p.m. on Wednesday, December 19,
2007 at the Office of the Director of Public Health, 597 Center Avenue, Suite 200, Martinez, CA
94553, Our records indicate that you are a tobacco retailer who has been issued a tobacco
retailer's license authorizing you to sell or offer for sale tobacco products.
On July 9, 2007, a citation was Issued to your employee for a violation of Section 308a PC (no
tobacco sales to minors). The violation occurred at Power Mart, Bethel Island, when an
employee at this address sold tobacco to a minor. The employee, Balvinder Singh, paid fines
and court fees totaling $302.00 on July 18, 2007.
As a result of this violation,the Power Mart— Bethel Island tobacco retailer's license may be
suspended for up to 30 days (Ord. Code § 445-10.018(a)), During any period your license is
suspended, all tobacco products must be removed from public view. If you sell or offer to sell
tobacco during the suspension period, you may be fined each day that you display or sell
tobacco: $100 for the first day, $200 for the second day, and $300 for the third and subsequent
days.
At the hearing on December 19, you will be given an opportunity to testify and give evidence
concerning the Notice of Suspension Hearing. After considering the testimony and evidence
submitted at the hearing, the Director of Public Health will Issue a written decision to suspend
or not suspend your tobacco retailer's license.
s Contra Caere Community SUb lanae Abuae Services o Cantre Cool;Emergency Medical Services s C rwa Cesta Entonnmentel mentin a Comm Coate Neaith Plan 1
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U1/08/2008 08:21 CONTRA COSTA COUNTY CLERK OF THE > 93136721 NO.008 907
If you do not appear at this hearing, your license will be suspended automatically for up to 30
days. if you do appear at the hearing and the license is suspended, you will be able to appeal
to the Contra Costa Board of Supervisors.
You will be billed $348 for the suspension hearing and $110 for each re-inspection during the
suspension period.
Please call the Tobago Prevention Project at 925-313-6214 if you have any questions about
this letter or hearing. Staff at the Tobacco Prevention Project can answer your questions and
explain the procedure.
Sincerely,
Wendel Brunner, MD
Director of Public Health
Contra Costa Health Services
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01/08/2008 08:21 CONTRA COSTA COUNTY CLERK OF THE 4 93136721 NO.00,q D04
WILLIAM 5,WALKER M.D. +" -- . -;�,,�� CONTRA COSTA
�' .. PUBLIC HEALTH
Hamm SERvim DIRECTOR CONTRA COSTA 597 CENTER AvatjE,Sun 200
—•—.--.---__—.--
WSNOEL BRUNNER, HEA MARTINEZ,CALIFOANIA 94553`
H E A L T I� S E R V I C E S PH(925)313-5792
DIgECTOR OF PUBLIC HEALTH Fax(925)313-6721
WElRUN NER@HSD.CC000NTY.US
IN 111E MATTER OF:
STATEMENT OF DECISION FOLLOWING I
]it Ram TOBACCO RET'AILER'S LICENSE
Hilly Bob Market, Inc. SUSPENSION HEARING
PO Box 710
Sahel Island, CA 94511 .
This matter came on for hearing before Dr. Wendel Brunner on December 19th at 1:30 pm at
597 Center Avenue, Suite 200, Martinez, California and was heard on that date. "Die 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. Tim Corona,-Contra Costa Sheriff's Department
The following individuals testified on behalf of the tobacco retailer.
I. ]It Ram and Mr. Ram's son
The following evidence was submitted:
I. Documentation of citation for an Illegal sale to.a minor on July 9, 2007 and proof of
payment of court fines and fees.
2. Documentation of the 5 undercover operations conducted since 2004 by the Sheriffs
Office that resulted In one illegal sales of tobacco to a minor and prosecution.
3. Summary of enforcement action regarding the Tobacco Retailers license.
it
I
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a Contra Coo;Huardous Materials Pmamme a Contra Cote Mordal Hwhh a CMIM Coala pubGe 1•11.41l1a a Contra Coact Regional Maelral Cenlar rr Centru Costa Naslth Cantona e
I
01,08,'2003 08:21 CONTRA COSTA COUNTY CLERK OF THE 4 93136721 NO.008 P05
After considering the testimony and evidence, the Public Health Director makes the following
factual findings:
1. The retailer was issued a tobacco retaller's license by the Contra Costa County 'fax
Collector's Office for Prower Mart, located at 3615 Gateway Road, B bW.1sland, C4
_945n.
2. An Illegal sate of tobacco products to a minor was made on J6ly 9, 2007 at the above
address.
3. A citation for a violation of PC 308 (a) was written by the SherifFs Office and signed by
the employee who made the sale on July 9, 2007,
4. The clerk pied guilty to violating PC308 (a) on July 18, 2007 and paid a fine and fees of$
302,00.
S. The Notice of Suspension hearing was sent to the retailer via certified mail on November
13, 2007,
The Public Health Director orders:
The above-referenced tobacco retaller's license is suspended for 14 days, beginning 2/1/2 8.
During the suspension period, the tobacco retailer is prohibited from displaying, 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, 551 Pine
Street, Martinez, California 94553, within 30 days of the date this decision is served.
Date: December 20, 2007 /
Wendel Brunner, MD
Director of Public Health
Contra Costa County
.l
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01:,08/2008 08:21 CONTRA COSTA COUNTY CLERK OF THE 3 93136721 NO-008 D02
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JAN' O 7 2008
ERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
f
01:%08.'2008 08:21 CONTRA COSTA COUNTY CLERK OF THE 93136721 110.008 IP03
(L,uimig of LSaufra Tu5ta
Offirc of -14r i5: 4rrtfl i r--CU`���� �s
Warren E.Rupf 1 I
Date 11-9.07 s�•� 1��- �� D La
r _
Power Mart
3615 Gateway Rd.
Bethel Island, Ca. 94511
To whom it may concern.
My name is T. Corona. I work with the Contra Costa
Sheriff Vice Unit in the Tobacco Enforcement Program.
Recently we conducted a tobacco sting operation in your
store. The clerk asked our teenaged decoy for his
identification. When the decoy provide proper identification
the clerk noticed the decoy was underage and did not sell the
decoy cigarettes.
Please keep up the good work.
Warren E. Rupf
Sincerely
SHERIFF
T. Corona
Contra Costa
Sheriff Office
i
i
I
ii
I
i
1980 Muir Road•Martinez,California 94553-4600
(925)313-2500
"'Community,Policing Since 1850...... �
RE, QUEST TO SPEAK FORM (3 Minute Limit) I wish to speak on Asends Item #: S i3
12speComplete this..forin and place it in the upright box near the Date: 2-1-2-
speaker's
aker's podium, Mud wait to be called by the Chair. '
My continents will be: Cl General
Personal information is optional. Wds speaker's card will be
incorporated into the public record of this meeting. El For
Name(PRINT): J i �Za w• / MCA 1 U 0o�q� / El Against
To ensure your name is announced correctly,you Pnq want to include its phonetic spelling
< I wish to speak on the subject of:
Address: rj(9{,S C tGtf w6tq.
U
city: e X11 1 sly,
Phone: �2S_. �$ ^ 3
I am speaking for: ,Myself
❑ I do not want to speak but would like to
❑ Organization: leave continents for the Board to consider
(Use the back of this forth)
COMPLETE •N COMPLETE THIS SECTIONON
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. ALJ, ❑Agent
■ Print your name and address on the reverse X U v ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C Date of Deliv ry
■ Attach this card to the back of the mailpiece, �-
or on the front if space permits. _
D. Is delivery address different from item 1? El Yes
1. Article Addressed to: If YES,enter delivery address below: ❑ No
W. Jit Ram
i615 Gateway Road
Bethel Island, CA 94511 3. Service Type
XCertified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 70.06. .0 810: 0001. 8 55 6 4.17 7
(Transfer from service label) r'. '•
PS Form 38 1 August�0 01Domestic�ti c Return Receipt 102595-o2-M-1540
1/ 101
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UNITED STATES POSTAL SERVICE
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• Sender: Please print your name, address, and ZIP+4 n this box •
cc
CO
o and of Supervisors
I� ntra Costa CountyLLJ
j
� �, ill 1 Pine Street, Room 106
co ;ice rtinez CA 94553-1293
li m U
ti U
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Clerk of the Board of Supervisors Contra John Cullen
Clerk of the Board
Costa and
County Bu
Administration ilding Cuunrytldministritor
651 Pine Street; Room 106 County (x)2., 335-1900
Martinez, California 94553-4068
taw G
John Gioia,District I �
Gayle It.1.1ilkema.District 11
Mary N.Piepho,District til _
Susan A.Bonilla, District IV of -_ ;;;;;;•,. S
Federal 1).Glover, District V wyoa
(j•. 4
February 14, 2008
Mr.Jit Ram
3615 Gateway Road
Bethel Island,CA 94511
Dear Mr.Ram:
In accordance with Contra Costa County Ordinance Code 445-10.018,you are hereby notified that
Tuesday,February 26,2008 at 9:40 a.m.is the date and time set for the hearing of your appeal to
the decision made by the Public Health Director to suspend your tobacco retailer's license for a
period of 14 days due to violation of the license. The hearing will be held in the McBrien
Administration Building, (corner of Pine and Escobar.Streets)Board of Supervisor's Chambers,
Room 107,651 Pine Street,Martinez,California.
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.
Very truly yours,
John Cullen,County Administrator
and Clerk of the Board
:D-1u
Katherine Sinclair,Deputy Clerk
cc: County Counsel
Dr. Brunner,Public Health
Denice Dennis,Tobacco Prevention
Dorothy Sansoe, CAO
BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA
AFFIDAVIT OF MAILING
IN THE MATTER OF
Hearing for: Jit Ram, Tobacco License Suspension for violation of Contra Costa County
Ordinance Code 445-10.018 at Power Mart 3615 Gateway Road, Bethel Island, CA.
Notice of hearing for Tuesday, February 26, 2008 at 9:40 am, was mailed this day, Thursday,
February 14, 2008.
I declare under penalty of perjury 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 by the United States Postal Service in Martinez,
California, first class postage fully prepaid, a copy of the hearing notice, on the above entitled
matter to the following:
Mr. Jit Ram
3615 Gateway Road
Bethel Island, CA 94511
I declare under penalty of perjury that the foregoing is true and correct, at Martinez,
California.
Dated: February 1.4, 2008
Katherine Sinclair, Deputy Clerk lo
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(Endorsement Required) I I He
0Restricted Delivery Fee
r-3 ,(Endorsement Required)
C
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Total Post- - —
a sent To Mr. Jit Ram
� N Street,Apt.;
3615 Gateway Road
or Poeoxn Bethel Island, CA 94511
II City,State,
I l�L3m : . cY-Z316td�ft,T1
TO: BOARD OF SUPERVISORS ��% ;EAL��°� Contra
:....
FROM: William B. Walker, MD, Health Services Costa
Director
�'q COl1I1 Colunty
DATE: February 26, 2008
SUBJECT: Appeal of Suspension of Tobacco Retailer's License
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1. CONDUCT a public hearing on the appeal of the fourteen-day suspension of a Tobacco Retailer's License
issued to tobacco retailer at Power Mart, 3615 Gateway Road, Bethel Island, CA 94511.
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 fourteen days.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON s APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Wendel Brunner 313-6712
cc: Health Services Department ATTESTED
County Administration JOHN CULLEN,CLERK OF THE BOARD OFSUPERVISORS
BY: DEPUTY
Page 2 of 2
Appeal of Suspension of Tobacco Retailers License
February 26, 2008
FISCAL IMPACT:
There is no fiscal impact from the recommended actions.
BACKGROUND:
This matter came on for hearing before Dr. Wendel Brunner on December 19th at 1:30 pm 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.•
Tim Corona, Contra Costa Sheriff's Department testified on behalf of the County:
Jit Ram and Mr. Ram's son testified on behalf of the tobacco retailer.
The following evidence was submitted:
1. Documentation of citation for an illegal sale to a minor on July 9, 2007 and proof of payment of court
fines and fees.
2. Documentation of the six undercover operations conducted since..2004 by the Sheriff's Office that
resulted in one illegal sales of tobacco to a minor and prosecution.
3. Summary of enforcement action regarding the Tobacco Retailers License. Ordinance Code section
445-10.018 authorizes the suspension of a Tobacco Retailer's License for any violation of any county,
state or federal-related laws. Tobacco Retailer Licenses may be suspended for up to 30 days for the
first violation; up to 90 days for the second violation within a 24 month period; and up to one year for
each subsequent violation occurring within 24 months of the most recent determination.
After considering the testimony and evidence, the Public Health Director made the following factual findings:
1. The retailer was issued a tobacco retailer's license by the Contra Costa County Tax Collector's
Office for Power Mart, located at 3615 Gateway Road, Bethel Island, CA 94511.
2. An illegal sale of tobacco products to a minor was made on July 9, 2007 at the above address.
3. A citation for a violation of California Penal Code section 308(a) was written by the Sheriff's
Office and signed by the employee who made the sale on July 9, 2007.
4. The clerk pled guilty to violating PC308 (a) on July 18, 2007 and paid a fine and fees of
$302.00.
5. The Notice of Suspension hearing was sent to the retailer via certified mail on January 3, 2008.
6. The Public Health Director ordered the above-referenced tobacco retailer's license suspended for 14
days.
January 7, 2008, Jit Ram 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 Jit Ram on February 14,
2008.
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OK BOARD OF SUPERVISORS_ CONTRA COSTA CO.
!I I
CONTRA COSTA
WILLIAM B.WALKER,M.D. -'« •'`""°° �. PUBLIC HEALTH
HEALTH SERVICES DIRECTOR
CO N T RA •C O S TA 597 CENTER AVENUE,SUITE 200
_.--_.-__.....__.--... —....___...._—__—..._ MARTINEZ,CALIFORNIA 94553
WENDTL BRUNNELI M.D. HEALTH S E 'R V [ C ES PH(925)313-6712
DIRECTOR OF PUBLIC HEALTH FAX(925)313-6721 .
W BRU N N ER@ HSD.000OU NTY.US
Notice of Suspension Hearing
November 13, 2007
Jit Ram
Billy Bob Market, Inc.
PO Box 710
Bethel Island, CA 94511.
Dear Jit Ram:
This is a notice of suspension hearing to determine whether your tobacco retailer's license
should be suspended. The hearing will be held at 1:30 p.m. on Wednesday, December 19,
2007 at the Office of the Director of Public Health, 597 Center Avenue, Suite 200, Martinez, CA
94553. Our records indicate that you are a tobacco retailer who has been issued a tobacco
retailer's license authorizing you to sell or offer for sale tobacco products.
On July 9, 2007, a citation was issued to your employee for a violation of Section 308a PC (no
tobacco sales to minors). The violation occurred at Power Mart, Bethel Island, when an
employee at this address sold tobacco to a minor. The employee, Balvinder Singh, paid fines
and court fees totaling $302.00 on July 18, 2007.
As a result of this violation, the Power Mart— Bethel Island tobacco retailer's license may be
suspended for up to 30 days (Ord. Code § 445-10.018(a)). During any period your license is
suspended, all tobacco products must be removed from public view. If you sell or offer to sell
tobacco during the suspension period, you may be fined each day that you display or sell
tobacco: $100 for the first day, $200 for the second day, and $300 for the third and subsequent
days.
At the hearing on December 19, you will be given an opportunity to testify and give evidence
concerning the Notice of Suspension Hearing. After considering the testimony and evidence
submitted at the hearing, the Director of Public Health will issue a written decision to suspend
or not suspend your tobacco retailer's license.
•i%j;, I Contra Costa Community Substance Abuse Services a Contra Costa Emergency Medical Services a Contra Costa Environmental Health■Contra Costa Health Plan i
■Contra Costa Hazardous Materials Programs■Contra Costa Mental Health i Contra Costa Public Health■Contra Costa Regional Medical Center■Contra Costa Health Centers■
If you do not appear at this hearing, your license will be suspended automatically for up to 30
days. If you do appear at the hearing and the license is suspended, you will be able to appeal
to the Contra Costa Board of Supervisors. .
You will be billed $348 for the suspension hearing and $110 for each re-inspection during the
suspension period.
Please call the Tobacco Prevention.Project at 925-313-6214 if you have any questions about
this letter or hearing. Staff at the Tobacco Prevention Project can answer your questions and
explain the procedure.
Sincerely,
Wendel Brunner, MD
Director of Public Health
Contra Costa Health Services
✓�! v Contra Costa Community Substance Abuse Services i Contra Costa Emergency Medical Services Conlra Costa Environmental Health■Contra Costa Health Plan■
■Contra Costa Hazardous Materials Programs n Contra Costa Mental Health v Contra Costa Public Health Contra Costa Regional Medical Center a Contra Costa Health Centers e
Civinini of 0imirn. miia
QDffirr of ifir i�lirriff
Warren E. Rupf
Date 11-9-07.. she""
Power Mart
3615 Gateway Rd.
Bethel Island, Ca. 94511
To whom it may concern.
My name is T. Corona. I work with the Contra Costa
Sheriff Vice Unit in the Tobacco Enforcement Program.
Recently we conducted a tobacco sting operation in your
store. The clerk asked our teenaged decoy for his
identification. When the decoy provide proper identification
the clerk noticed the decoy was underage and did not sell the
decoy cigarettes. .
Please keep up the good work.
Warren E. Rupf
Sincerely
SHERIFF
T. Corona
Contra Costa
Sheriff Office
1980 Muir Road•Martinez, California 94553-4800
(925) 313-2500
"Community Policing Since 1850...."
CONTRA COSTA
WILLIAM B.WALKER,M.D. -- PUBLIC HEALTH
HEALTH SERVICES DIRECTOR 597 CENTER AVENUE,SUITE 200
C O N T R.A COSTA - MARTINEZ,CALIFORNIA 94553•`
WRECTOENDEL RUNNER, HEALTH S E R V I C E S
PH(925)313-6712
DIRECTOR OF PUBLIC HEALTH FAX(925)313-6721
W BRUN N ER@HSD.000OUNTY.US
THE MATTER OF: .- --- ---- -=-I
STATEMENT OF DECISION FOLLOWING '
Jit Ram TOBACCO RETAILER'S LICENSE
Billy Bob Market, Inc. SUSPENSION HEARING
PO Box 710
Bethel Island, CA 94511
This matter came on for hearing before Dr. Wendel Brunner on.December 19th at 1:30 pm 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. Tim Corona, Contra Costa Sheriff's Department
The following individuals testified on behalf of the tobacco retailer.
1. Jit Ram and Mr. Ram's son
The following evidence was submitted:
1. Documentation of citation for an illegal sale to a minor on July 9, 2007 and proof of
payment of court fines and fees.
2. Documentation of the 6 undercover operations conducted since 2004 by the Sheriff's
Office that resulted in one illegal sales of tobacco to a minor and prosecution.
3. Summary of enforcement action regarding the Tobacco Retailers License.
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■Contra Costa Hazardous Materials Programs i Contra Costa Mental Health a Contra Costa Public Health v Contra Costa Regional Medical Center a Contra Costa Health Centers■
After considering the testimony and evidence, the Public Health Director makes the following
factual findings:
1. The retailer was issued a tobacco retailer's license by the Contra Costa County Tax
Collector's Office for Power Mart, located at 3615 Gateway Road, Bethel Is/and, G4
94511.
2. An illegal sale of tobacco products to a minor was made on July 9, 2007 at the above
address.
3. 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 on July 9, 2007.
4. The clerk pled guilty to violating PC308 (a) on July 18, 2007 and paid a fine and fees of$
302.00.
5. The Notice of Suspension hearing was sent to the retailer via certified mail on November
13, 2007.
The Public Health Director orders:
The above-referenced tobacco retailer's license is suspended for 14 days, beginning 2/1/2008.
During the suspension period, the tobacco retailer is prohibited from displaying, 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 94553, within 30 days of the date this decision is served.
Date: December 20, 2007
Wendel Brunner, MD
Director of Public Health
Contra.Costa County
��. ■Contra Costa Community Substance Abuse Services■Contra Costa Emergency Medical Services m Contra Costa Environmental Health a Contra Costa Health Plan a
Contra Costa Hazardous Materials Programs■Contra Costa Mental Health■Contra Costa Public Health s Contra Costa Regional Medical Center■Contra Costa Health Centers■