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Home My WebLink AboutMINUTES - 03182003 - C8 TO: BOARD OF SUPERVISORS Contra Costa FROM: William B. Walker, MD, Health Services Director _ _r . County DATE: March 18, 2003 SUBJECT: FIX HEARING TO ESTABLISH ANNUAL TOBACCO RETAILER'S LICENSE FEE, LICENSE REVOCATION AND SUSPENSION HEARING FEES, AND RETAILER REINSPECTION FEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. FIX Tuesday, April 1, 2003, at 11:00 a.m., for a public hearing to establish annual tobacco retailer's license fee, license revocation and suspension hearing fees, and retailer re-inspection fees. 2. DIRECT Contra Costa Health Services to submit documentation indicating the estimated cost of providing the services for which the fees are levied, to the Clerk of the Board by March 20, 2003. 3 DIRECT the Clerk of the Board to publish notice of the public gearing pursuant to Government Code section 6062a and to make cost documentation available for public review. FISCAL. IMPACT: The administrative license fee of$25.00 will cover the casts incurred by the Tax Collector to distribute the tobacco retailer license. The hearing fee of$250.00 per hearing will cover the cost of hearings associated with license suspension and revocation. The re-inspection fee of$100.010 per re-inspection will cover the costs of re-inspecting retailers found to be in violation of Ordinance No. 2003-01. The costs of enforcing Ordinance No. 2003-01 are covered by State tobacco settlement funds. CONTINUED ON ATTACHMENT: —x—YES NO SIGNATURE: L� _------ --------------------------------__ _ _.___.__.__._ -----_--------------------------- •--_ --__.-----__-._- ----------___-._ _ E.COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE __PROVE OTHER SIGNATURE{ -----------------_---–--------__ ---------–------_--_--------------------------------------- ACTION OF BO ONARCHw18; 2003 APPROVE AS RECOMMENDED xx OTHER I HEREBY CERTIFY THAT THIS IS A TRUE VOTE OF SUPERVISORS AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS AND ENTERED ON THE MINUTES OF THE (ASSENT None ) BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN, ABSENT: ABSTAIN: DISTRICT III SEAT VACANT ATTESTED MARCH 18, 2003 CONTACT: JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: William B.Walker,MD,HSD Director,20 Allen,Mtz Wendel Brunner,MD,Public Health Director,at 597 Center Avenue,#200,Mtz �� BY_______�'-�� DEPUTY ............... ....... Page 2 of 2 BACKGROUND. On January 28, 2003 the Board of Supervisors adopted Ordinance No. 2003-01 (Tobacco Retailer's Licenses). The ordinance prohibits any retailer, individual, or entity to sell or offer for sate any tobacco products in the unincorporated area of the county without first obtaining a license. Each licensee must prominently display the license at the location where tobacco retail sales are conducted. Under the ordinance, all tobacco retailer licenses will be issued by the Tax Collector. The administrative license fee will cover the costs of issuing the tobacco retailer license. Each license will be issued and due for renewal effective July 1st, and will expire on the subsequent June 30. A license will not be issued unless a licensing fee is paid. Health Services will enforce the ordinance. In the event that it finds retailers to be in violation of Ordinance No. 2003-0 Health Services may suspend tobacco retailer licenses and conduct re-inspections of violators. Health Services may revoke licenses if hearing fees are unpaid or licenses illegally transferred. The hearing fees and re-inspection fees will cover the costs of conducting hearings and re-inspections associatedwith the suspension or revocation of the tobacco retailer license. CONSEQUENCE OF NEGATIVE ACTION: The County will bear the costs of issuing the license, holding hearings and conducting re- inspections. WILLIAM B. 'WALKER. M. D. CONTRA COSTA HEALTH SERVEC£s D!RECSOR WEiDEt BRUNNER, M.D. /CO�} PUBLIC{HEALTH PJBLIC HEALTH DIRECTOR MMUNITY ELLNLSS CONTRA COSTA & PREVENTION PROGRAM 597 Center Avenue, Suite 115 HEALTH SERVICES Martinez, California 94553 Ph (925) 313-6808 Fax (925) 313-6840 Estimated Costs And Proposed Fee Amounts For Annual Tobacco Retailer's Licenses, License Revocation Hearings, License Suspension Hearings, And Retailer Re-inspections (Ordinance No. 2003-01) On January 28, 2003, the Board of Supervisors adapted Ordinance No. 2003-01 (Tobacco Retailer's licenses). The ordinance prohibits any retailer, individual, or entity from selling or offering for sale any tobacco products in the unincorporated area of the county without first obtaining a license. Each licensee must prominently display the license at the location where tobacco retail sales are conducted. According to Health Services records, there are currently 93 tobacco retailers in the unincorporated areas of Contra Costa County. The ordinance authorizes the County to charge regulatory permit fees to recover the reasonable cost of providing services necessary to the licensing activities of Ordinance No.2003-01. Recoverable costs include investigation, inspection, administration, supervision, and permit enforcement costs. Under the ordinance, all tobacco retailer licenses will be issued by the Tax Collector. The annual tobacco retailer's license fee of$25.00 per license will allow the recovery of the Tax Collector's reasonable administrative costs, including an annual mailing to all business license holders to determine whether they are tobacco retailers, staff time for processing applications and issuing tobacco retailer's licenses, and staff time for evaluating new business applications to determine whether a tobacco retailer's license is required under the Ordinance Code. Each license will be issued and due for renewal effective July 1st, and will expire on the subsequent June 30. A license will not be issued unless a licensing fee is paid. A table showing the Tax Collector's fee calculations is attached. The Health Services Department will enforce the ordinance. The ordinance authorizes the Public Health Director to suspend a license after a hearing if the licensee has violated local, state, or federal tobacco-related laws. The ordinance also authorizes the Public Health Director to revoke a license after a hearing if a fine is unpaid or a license has been illegally transferred. Contra Costa Community Substance Abuse Services • Contra Costa Emergency Medical Services • Contra Costa Environmental Health + Contra Costa Health Plan + • Contra Costa Hazardous Materials Programs •Contra Costa Mental Health + Contra Costa Public Health + Contra Costa Regional Medica:Center + Contra Costa Health Centers At a suspension or revocation hearing, the Public Health Director will be the hearing officer, and Tobacco Prevention Project staff(including the policy coordinator and/or program manager) will present thefactsof the case. The hearing fee of$250.00 for a license suspension hearing or a license revocation hearing was calculated based upon hourly rates of salaries and recoverable expenses for the Public Health Director, support staff, and Tobacco Prevention Project staff. The Health Services Department recommends that a flat fee be charged because it anticipates that most hearings will last approximately the same amount of time, slightly less than one hour. Tobacco Prevention Project staff will conduct re-inspections after a license is suspended or revoked to determine whether the licensee is complying with the terms of the suspension or revocation: The fee of$100.00 per re-inspection was calculated based upon hourly rates of salaries and recoverable expenses for Tobacco Prevention Project staff, including the project manager and policy coordinator. The Health Services Department recommends that a flat fee be charged because staff anticipates that most re-inspections (including travel time) will last approximately the same amount of time, slightly less than one hour. A table showing the Health Services Department's fee calculations is attached. All other costs of enforcing Ordinance No. 2003-01 will be covered by funds provided under a California Department of Health Services grant. These enforcement costs include one inspection of a retailer after a suspension or revocation. Additional re-inspections may be conducted to verify that tobacco is not being sold during the suspension period. The number of re-inspections will depend on the length of the license suspension and whether a retailer was found during a first inspection to be selling tobacco products. The costs of re- inspections will be recovered from the retailer through the $100.00 re-inspection fee. Health Services Finance will invoice retailers for hearing fees and re-inspection fees after services are rendered. A license will not be re-issued until these fees are paid. The publication requirements of Government Code section 6062a have been meta A notice of this public hearing appeared in the Contra Costa Times on March 21 and March 26, 2003. ui ci rri o "" "$ cv � rJ rs L � �ro pi 0 61, w► �c C 0Ti c vv ry ar aY CL N aNi } tu r ,nC61 N C t� 4 > W;ri81 ai N 2 1144 v CL 3: vs -� co c _ LU W tl1 .♦yrs+r � � .�. j� rww� > r� vm O CD C� rFot to N t1" d Gx N �r ,4); '� o � vat 04 _ Two a co �vr}y b y.1 LLi �L M O p C) CV O x VI jq w T r fir/ uj �LL j� feL ` N c d Q w �- ISL. tatui0.. ui 5 «�s $ a _ Z U mss, ' y 6 r S a 'C( C it ` m c3. a � to 0 a� sx ra a� c w m v o o CM CL C3 is u ;r„ c Lf) c cv_o co zr 4 to 60 �� c 0 C ,yy vx to N O (� 11 7+ M M I- � in co tri _ p cl CC p !.. CL t_ w ` J c o a us W i Q v E d a > °c CN 0 fh c a a► m " u a M � C m co � ci +ten to cay u E c u9 o sA ° 0 co i— m � ° 3 m • c ti oc to `a '0 , .. c i w ca c I� E� ¢ 8 U f ..... ,, ... :. ... . . ... ''I'll,........................................................................................................................................................................................................................... ..................................................................................................................................................................................................... ....................... PROOF OF PUBLICATION 200+3 711E3 t2016.6 C.C.P.) *0=OF,A PUR116 STATE OF CALIFORNIA County of Contra Costa =Z= I NOTICE IS HEREBY GIVEN Ty , r" 11! I am a citizen of the United States and a resident of the 2" an Int CStyA.A F.the County aforesaid; I am over the age of eighteen years, Board of Supervisors rvisors and not a party to or interested in the above-entitled Chambers Room 107 of the Couink AdminWra- matter. tion Build rV 51 Pine Stree4 Mart .Callfar- a public hearinwill I am the Principal Legal Clerk of the Contra Costa Times, 91.61held to establishan- nual tobacco reftliff'S If: a newspaper of general circulation, printed and published cense fee, license revo at 2640 Shadelands Drive in the City of Walnut Creek, cation and suspension County of Contra Costa, 94598. hearing foes,and retaftat re,inspfctlon fees. A co osal Wily b: the fee pnow And which newspaper has been adjudged a newspaper of 20.ZC010 an file on arch A In the office at general circulation by the Superior Court of the County of the Cie of the Board of Supervisors at 651 Pine Contra Costa, State of California, under the date of St, Room 106,Marti- October 22, 1934. Case Number 19764. W&I Irnla. JOHN SWEETEN, Clerk of The notice, of which the annexed is a printed copy (set in the Board Of Supervisors and type not smaller than nonpareil), has been published in Administrator County each regular and entire issue of said newspaper and not By:E7 Sharp. in any supplement thereof on the following dates, to-wit; Deputy.cyork Match 21, 26 Date:March 1%2003 I PrllshC T?153 March 2L, 26, all in the year of 2003 2003 I certify for declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Cree±,, California. On thi d y f marc , 2003 . . ..... ......... ... ............ ....... Signat Contra osta Times P 0 Box 4147 Walnut Creek,CA 94596 (925) 935-2525 Proof of Publication of: (attached isa copy of the legal advertisement that published) NOTICE OF A PUBLIC HEARING BEFORE THE BOARI) OF SUPERVISORS COUNTY OF CONTRA COSTA, CALIFORNIA NOTICE IS HEREBY GIVEN that on Tuesday, April 1, 2003, at 11:00 a.m., in the Board of Supervisors Chambers, Room 107, of the County Administration Building, '651 Fine Street, Martinez, California, a public hearing will be held to establish' annual tobacco retailer's license fee, license revocation and suspension hearing fees, and retailer re-inspection fees. A copy of the fee proposal will be on file on March 20, 2003, in the office of the Clerk of the Board of Supervisors at 651 Pine Street, Room 106, Martinez, California JOHN SWEETEN, Clerk of the Board Of Supervisors and County Administrator By: Emy Sharp, Deputy Clerk Date: March 18, 2003 DATES OF PUBLICATION March 21, 2003 March 26, 2003