The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04012003 - D3 Contra TO: BOARD OF SUPERVISORS . 3. Costa FROM: William B. Walker, MD, Health Services Director ;= County DATE: April 1, 2003 V *40 SUBJECT: TOBACCO RETAILER'S LICENSE FEES (Resolution No. 20031186) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: 1. CONDUCT a public hearing on adoption of tobacco retailer's license fees. 2. ADOPT tobacco retailer's license fees of $25.00 for annual tobacco retailer's license, $250.00 for license revocation hearing or suspension hearing, and $100.00 for retailer re-inspections. 3. DIRECT Contra Costa Health Services to bring the tobacco retailer's licensing program to the Board of Supervisors for review in 12 months. FISCAL IMPACT: The annual tobacco retailer's license fee of$25.00 per license will allow the recovery of reasonable administrative costs incurred by the Tax Collector, who is authorized to issue tobacco retailer's licenses. The hearing fee of$250.00 per hearing will allow the recovery of the reasonable cost of holding a license suspension hearing or license revocation hearing. The re- inspection fee of $100.00 per re-inspection will allow the recovery of the reasonable cost of re- inspecting retailers whose license has been suspended or revoked. All other costs of enforcing Ordinance No. 2003-01 will be recovered by funds provided under a California Department of Health Services grant. !1 CONTINUED ON ATTACHMENT: _YES NO -- SIGNATUREY'______---------------------t–'' ------ - ---- µ,',RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE &—APPROVE OTHER SIGNATURES) ` ACTION OF BqoKRD ON D APPROVE AS RECOMMENDED 7 OTHER �t. SEE ATTACEED ADDENDUM VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN UNANIMOUS(ASSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: f, ATTESTED CONTACT:Charlotte Dickson,313-6216 JOHN SWEETEN,CL K OF THE BOARD OF SUPERVISORS AND`COUNTY ADMINISTRATOR CC: William B.Walker,MD,HSO Director,20 Allen,Mtz Wendel Brunner,MD,Public Health Director,at 597 Center Avenue,#200,Mtz BY DEPUTY BACKGROUND: 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 Contra Costa 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 retail'er'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 1, 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. Contra Cosh Health Services 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. 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 the facts of 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. Contra Costa 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 met. A notice of this public hearing appeared in the Contra Costa Times on March 21 and March 26, 2003. ADDENDUM TO ITEM D.3 April 1, 2003 On this day the Board of Supervisors considered the hearing to adopt Resolution No. 2003/186 on the proposal to establish a tobacco retailer license fee and an administrative fine structure. The report was presented by Dr. Wendel Brunner, Public Health Director. The chair opened the public hearing and the following members of the public presented testimony: Dr. Joel E. White,M.D. 318 Ridgestone Court, Walnut Creek, (Tobacco Prevention Coalition, American Cancer Society); Paul Fletcher, (no address provided) (American Lung Association); The chair then closed the public hearing and Supervisor Gioia moved to do the following: • CLOSE the public hearing; • ADOPT Resolution No. 2003/186 setting annual tobacco retailer's license fee of$25; • CONTINUE to May 13, 2003 at 11:00 a.m. the public hearing to set fees for license revocation hearings, license suspension hearings and retailer re- inspections; • DIRECT Contra Costa Health Services to determine the actual cost of providing license revocation hearings, license suspension hearings and retailer re-inspections, and to establish fee amounts reflecting those costs and allowing their recovery; • DIRECT Contra Costa Health Services to bring the tobacco retailer's licensing program to the Board of Supervisors for review in 12 months. After further discussions, the vote on the motion was as follows: AYES: Supervisors Gioia,Uilkema Glover, and DeSaulnier NOES: None ABSENT: None ABSTAIN: None DISTRICT III SEAT VACANT The motion passed. IL fl- � 0 O �u{ CL d7 M N W �cq lL7 CO Ctni L. 7 to O k1# CT? r U � Lo N co N EA ffi' H3' Lq a W W 1 1 1 LO U. LL LL rr) 0 %"" � � � 0 ct"3 ► `# N �- to O 1-0 00 cn ri1 t7 tYi t r s = 5 ctl 401,) �+. e W •+ �, `. LL toW .. Z W t!) p U CL W W LL w �s = W 0 4�— m mco N OS Q } O CS y tt CL t rn o W C UCL n vii 0 X m m o 0 ani C? u cn � � ✓ a +�t't O �G+ ✓ N Q zl, G � cats, �` 11 Gs C4 K3 � r O t3 xy Oft {r• N N N t0 C7 v y � Vol