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Home My WebLink AboutMINUTES - 10142008 - D.2 i • TO: BOARD OF SUPERVISORS ��-�� -��' Contra FROM: William B. Walker, MD, Health Services Costa Director ; -r 4 Sr`9 COU1z� County DATE: October 14, 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 ten-day suspension of a Tobacco Retailer's License issued to tobacco retailer at A-1 Food & Liquor, 81 Center Ave., Pacheco, 94553. 2. RECEIVE and CONSIDER oral and written testimony and other evidence from the County enforcement officer, the licensee, and other persons; and CLOSE the hearing. 3. FIND that the facts set forth below are true. 4. UPHOLD the decision of the Public Health Director to suspend the above-referenced Tobacco Retailer's . License. 5. ORDER the suspension of the above-referenced Tobacco Retailer's License for ten days. CONTINUED ON ATTACHMENT: YES SIGNTURE: ,--'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNA URE(S ACTION OF BOARD ON APPROVED AS RECOMMENDED OT R VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF r-� 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 DAVID TWA,CLERK OF THE BOARD OFSUPERVISORS AND CO TY ADMINISTRATOR BY:. DEPUTY Page 2 of 3 Appeal of Suspension of Tobacco Retailers License October 14, 2008 FISCAL IMPACT: There is no fiscal impact from the recommended actions. BACKGROUND: - -- ---� S 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. Denice Dennis, Contra Costa Tobacco Prevention Project, testified on behalf of the County. Mr. Kuldeep Singh testified on behalf of himself as the license holder. The following evidence was submitted: 1. Documentation of citation for an illegal sale to a minor on January 23, 2008 and proof of payment of court fines and fees. 2. Documentation of the two (2) undercover operations conducted since August 10, 2007 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. The License holder provided the following testimony: License holder gave the clerk a class on no sales to minor law after sale to the minor. License holder has only operated store since August 2007. After considering the testimony and evidence, the Public Health Director made the following factual findings: 1. The retailer was first issued a tobacco retailer's license by the Contra Costa County Tax 2. Collector's Office for the A-1 Food & Liquor located at 81 Center Ave., Pacheco, CA on August 10, 2007. 2. An illegal sale of tobacco products to a minor was made on January 23, 2008 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 January 23, 2008. 4. The clerk pled guilty to violating PC308 (a) on June 9, 2007 and paid a fine and fees of$200.00. Page 3 of 3 Appeal of Suspension of Tobacco Retailers License October 14, 2008 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 10 days. On August 18, 2008, Mr. Singh 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 Mr. Singh on September 4, 2008. �,} CONTRA COSTA WILLIAM B.WALKER,M.D. -.r/"' P U B L 1 C HEALTH HEALTH SERVICES DIRECTOR 'CONTRA COSTA 597 CENTER AVENUE,SUITE 200 MARTINEZ,CALIFORNIA 94553 WENDEBRUNNEM.D. HEALTH SERVICE S PH(925)313-6712 DIRECTOR R OF PUBLIC HEALTH FAX(925)313-6721 W BRUN N ER@HSD.CCCOUNTY.US IN THE MATTER OF: STATEMENT OF DECISION FOLLOWING TOBACCO RETAILER'S LICENSE Kuldeep Singh SUSPENSION HEARING c/o A-1 Food &Liquor 81 Center Ave. Pacheco, CA 94553 Owner of A-1 Food & Liquor 81 Center Ave. Pacheco CA 94553 This matter came on for hearing before Dr: Wendel Brunner on July 14, 2008 at 11:00 am 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 for Pacheco Shell, Martinez, CA should be suspended pursuant to County Ordinance Code section 445-10.018. The following individual testified on behalf of the County: 1. Denice Dennis, Contra Costa Tobacco Prevention Project The following individual testified on behalf of the tobacco retailer: 1. Mr. Kuldeep Singh, License holder The following evidence was submitted: 1. Documentation of citation for an illegal sale to a minor on January 23, 2008 and proof of payment of court fines and fees. 2. Documentation of the two;(2) undercover operations,conducted since August 10, 2007 by the Sheriffs Office that resulted in one (1) illegal sales of tobacco to a minor and prosecution. 3. Summary of enforcement action regarding the Tobacco Retailers License. Contra Costa Community Substance Abuse Services v Contra Costa Emergency Medical Services to Contra Costa Environmental Health a Contra Costa Health Plan It ■Contra Costa Hazardous Materiels Programs•Contra Costa Mental Health v Contra Costa Public Health @ Contra Costa Regional Medical Cerner ra Contra Costa Health Centers a t 4. The License holder provided the following testimony: License holder gave the clerk a class after the sale to the minor. License holder has only operated store in past year. After considering the testimony and evidence, the Public Health Director makes the following factual findings: 1. The retailer was first issued a tobacco retailer's license by the Contra Costa County Tax Collector's Office for the A-1 Food & Liquor located at 81 Center Avenue, Pacheco CA on August 10, 2007. 2. An illegal sale of tobacco products to a minor was made on January 23, 2007. 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 January 23, 2008. 4. The clerk pled guilty to violation PC308(a) on March 4, 2008 and paid a fine and fees of $200.00. 5. The Notice of Suspension hearing was sent to the retailer via certified mail on June 9, 2008. The Public Health Director orders: The above-referenced tobacco retailer's license is suspended for ten (10) days, beginning August 29, 2008 at 12:01 am. 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: July 23, 2008 C Wendel Brunner, MD Director of Public Health Contra Costa Health Services Contra Costa Community Substance Abuse Services s Contra Costa Emergency Medical Services a Contra Costa Environmental Health■Contra Costa Health Plan■ ■Contra Costa Hazardous Materials Programs■Contra Costs Mental Health 9 Contra Costa Public Health a Contra Costa Regional Medical Center v Contra Costa Health Centers s . f i Date August 18,2008 Clerk of the Board of Supervisors County Administration Building 651 Pine Street Martinez, CA,94553 Re: Clerk of the Board of Supervisors, Contra County Health Services Dated July 23,2008 Kuldeep Singh c/o, A-1 Food& Liquor, 81 Center Avenue Pacheco,CA 94553 Dear Dr. Wendel Brunner I am writing to inform you that I am appealing the decision made by the Clerk of the Board of Supervisors, Contra County Health Services As required by the Board of Supervisors of Contra Costa County for Contra Costa County Health Services, and a letter dated July 23, 2008 that a letter of a notice to appeal, is required to respond within 30 days of the date the decision was awarded. If a decision is denied on appeal, please explain the reasons for denial fully, in writing, as required by law. I would like to board of,supervisors to reconsider their findings in their letter dated July 23,2007 of the susension of my tobacco license for the 10 day period. I am a small businessman in an attempt to settle the above dispute; I make the following offer in full and final settlement of this matter: If possible I.would much rather pay a financial tine then the loss my license for the 10 days as this would he a great burden to me and could cause a collapse of my business due to the drop of drop ins and visits to my store. I understand the responsibility 1 have to the community to protect our children and to abide by the laws and regulations of Contra Costa County,the State of California, and the Federal Government. Daae to the current economic situation our county, I believe, would be a Win Win situation if 1.continued to sell my product, pay my county, state, and Federal taxes bringing in income to myself, the county, state, and the Federal Government. 1,promise to abide to the letter of the law and do what ever training, or awareness program needed for nay employees and myself. I have logged o i on to the Human Health,site at Contra Costra Count), and have reviewed the lavas, regulations, and training pertaining to the California Tobacco Control Program (.CTCV 1`)• If this offer is acceptable please reply. Yours faithfully, Sincerely, Kuldeep Singh 81 Center Ave, Pacheco, CA 94553 i