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Comment Letter St. Jorge Winery "Site Approval Application"PA-1200063 3. The St.Jorge Winery Has Violated Each of the County Code's Three Grounds for Enforcement Action As seen above,the three"grounds"denoted in the County Code's enforcement procedures for unlawful winery operations are(a)Fraud,(b)Violation of Condition,and(c) Adverse Impacts. In fact,the St. Jorge Winery operations have violated all three of these areas,any one of which are grounds for permit revocation under the Code a) The"Fraud"was in both(i)the original 2005 application,and(ii)the conduct of the business since the granting of the 2005 permit; b) The"Violations of Conditions"are laid out extensively throughout this Comment Letter;and c) The"Adverse Impacts"are to both(i)the neighbors and community of the Acampo/Lodi area in which the so-called wine-related marketing events are being conducted,and(ii)all law-abiding winery owners and operators in San Joaquin County and the State of California. B. The San Joaquin County Planning Commission is Being Asked to Commit Hypocrisy The San Joaquin County Planning Commission is being asked to give government sanction and approval to business behavior at the same time that the County's own Development Department staff is pursuing an official enforcement action against that business. This official enforcement action is not simply for,among many other violations being committed,the building of facilities without permits. The applicants have already been using these facilities for public hire including the serving of food,without government knowledge,inspection or approval. The applicants have already been brazenly operating their business well beyond the scope of their permit in a manner that challenges the government's laws. Approval of such behavior by a government agency sends the clear message that the government is not concerned with enforcing its own laws. Further,if a county business permit- holder is actually caught and the government initiated enforcement action against it for breaking the law,the permit-holder need only apply for a permit after the fact and the government will not enforce the breaking of its own laws. C. The San Joaquin County Planning Commission Should Not Approve This Expansion Application The Planning Commission should not approve this expansion application. An approval would not only reward illegal behavior,worse,it would notify all similar business owners that the San Joaquin County Planning Commission will knowingly sanction,forgive and approve large-scale violations of its permits. The logical conclusion of this is the ultimate failure of San Joaquin businesses operating legitimately under County laws. 16