HomeMy WebLinkAboutMINUTES - 04021991 - H.3 . i
H. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 2, 1991 by the following vote:
AYES: Supervisors Fanden, Schroder, McPeak, Torlakson and Powers
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing on administrative appeal of Bonfare Markets, Inc.
from the decision of the Health Officer and Director of Environmental
Health Services.
This is the time set by the Clerk of the Board of
Supervisors for hearing the administrative appeal of Bonfare Markets,
Inc. from the decision of the County Health Officer and Director of
Environmental Health Services relative to a $500 fine levied.
William Walker, M.D. , County Health Officer and Director of
Environmental Health Services, advised the Board that Bonfare Markets
had violated the California Uniform Food Facilities Law requiring them
to have a permit prior to opening a food facility. He reviewed the
circumstances under which the fine was imposed. He noted that he had
invoked a penalty of three times the $250 fee, making the penalty
$750. He further advised that Bonfare Markets requested a hearing
with the Health Officer; at which time they discussed their
understandings of the law and their violation of it, and at that time
the Health Officer prorated the penalty of $750 down to $500.
Donald Kaplan, 3 Crow Canyon Court, Suite 220, San Ramon,
representing Bonfare Markets,, reviewed the his experience in opening
small franchised markets, described his activities with respect to .the
permitting, inspection and opening of the subject market. He
submitted copies of records marked exhibits A through I, and proceeded
to review the aforesaid exhibits. He declared that there is nothing
in State or County Rule thatsays he must have the license in hand
when opening a market and he believed he had to have only the signed
off final inspection.
Board members made several inquiries of Dr. Walker and Mr.
Kaplan.
The Chair declared; the hearing closed and the matter to be
before the Board.
Supervisor Torlakson requested the Health Inspector to
elaborate on the visitationsjand inspections.
i
Charles Nicholson,' Supervising Environmental Health
Inspector, reviewed the matter as requested.
Chairman Powers commented on the seriousness of operating
prior to the final inspection, and noted that the fine had already
been reduced once, and moved to deny the appeal.
Supervisor Torlakson seconded the motion and inquired about
procedures of the Health Department with respect to final inspection
and license.
Charles Nicholson advised that the inspector will write on
the final inspection report that they are issuing a permit and the
facility is approved to open.
Supervisor Schroder advised that he felt that there is
honest confusion here and that he did not believe that Mr. Kaplan had
purposely violated the County' s Ordinance and he believed that Dr.
Walker had upheld the rules as required of him, but that the Board had
today received two packages of documents, one from Dr. Walker and one
from Mr. Kaplan, and that he would like time to review the
circumstances surrounding the situation and the validity of the
appeal.
Supervisor Fanden agreed that she would like a week or two
to review the material.
The Chair agreed to deferring decision.
IT IS BY THE BOARD ORDERED that decision is DEFERRED to
April 9 , 1991 on the determination calendar.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
cc• Donald Kaplan Board of supervisors on the date shown.
County Health Officer ATTESTED: ---Qjd!%� -2, / 41 /
County Counsel PHIL SATQAELOR.Clerk of the Board
County Administrator of Supervisors and County Administrator
'� `•�i `.xr By c/ .Deputy