This matter came for hearing before the Hearing Officer, Dr. Wendel Brunner, on September 14, 2011 at 9:30 a.m. 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, Food Stop at 3800 San Pablo Dam Road, Suite A in El Sobrante, should be suspended pursuant to County Ordinance Code to 445-10.018.
The following individuals testified on behalf of the County:
1. Jaime Jenett, Policy Coordinator, Tobacco Prevention Project
The following individuals testified on behalf of the tobacco retailer:
1. Anwar Sandhu, Manager, FoodStop
The following evidence was submitted by Jaime Jenett:
1. Documentation of violation of Stop Tobacco Access to Kids Enforcement (STAKE) Act (Business & Professions Code, Division 8.5) (sales of tobacco to a minor under the age of 18 years) on February 17, 2011 and proof of payment of a civil penalty assessment.
2. Documentation of the undercover operation conducted by the California Department of Public Health, Food and Drug Branch that resulted in illegal sale of tobacco to a minor and Notice of Violation of the STAKE Act.
3. Summary of prior enforcement action regarding the Tobacco Retailers License for the tobacco retailer named above.
The following testimony was given by the license holder representative:
1. Food Stop provides training to all new employees about how to prevent tobacco sales to minors using California Department of Public Health (CDPH) materials.
2. The employee who sold tobacco to a minor took the CDPH Clerk Quiz on 1/21/11 and again after the violation on 2/21/11.
After considering the testimony and evidence, Dr. Brunner made the following factual findings:
1. The retailer was issued a tobacco retailer’s license by Contra Costa Health Services for Food Stop at 3800 San Pablo Dam Road, Suite A in El Sobrante.
2. An illegal sale of tobacco products to a minor was made on February 17, 2011 at the above address.
3. A notification for a violation of Stop Tobacco Access to Kids Enforcement (STAKE) Act (Business & Professions Code, Division 8.5) (sales of tobacco to a minor under the age of 18 years) was written by the California Department of Public Health, Food and Drug Branch and presented to Mr. Anwar Sandhu on February 18, 2011.
4. The tobacco retailer pled guilty to the violation by paying the civil penalty assessment to the California Department of Public Health totaling $600 on June 2, 2011.
5. The Notice of Suspension hearing was sent to the retailer via certified mail on July 27, 2011.
6. At the Suspension Hearing, the Hearing Officer cited County Code Ord. Code § 445-10.018(a) which states that a violation of any county, state or federal tobacco-related law is a violation of the Tobacco Retailer Licensing Ordinance and grounds for license suspension.
7. The Public Health Director ordered the above-referenced tobacco retailer’s license suspended for 10 days.
On October 12, 2011, Anwardeep Sandhu 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 Anwardeep Sandhu on ________.
County Code 445-10.018(a) states that a violation of any county, state or federal tobacco-related law is a violation of the Tobacco Retailer Licensing Ordinance and grounds for license suspension. Negative action would result in tobacco retailers license for Food Stop not being suspended.
CLOSED the hearing: FOUND the facts set forth to be true; UPHELD the decision of the Public Health Director to suspend the above-referenced Tobacco Retailer’s License; and ORDERED the suspension of the above-referenced Tobacco Retailer’s License for ten days.