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Sent by: CDAAISJDA EPU Receives: 12/10/00 3:27rM; 12!10/88 15:03 FAX 209 474 3• T. 209 468 9784; 12/13/99 5:35Ph1;jetEm #465;Page 4/11 Yuto ?/4 4004 -s VVIIMIW Nq rru; rMge a H.E.S.1. Mr. David trey Deputy District Attorney December 10, 1999 Page Two REj003/010 KY client now keepa Ons or two Sift, r (5 0)- pound tanks on line, and there:ie one backup: When one of the two on line are "out", they are replaced with the backup. When lace two the hem. o This keepse in out, two the CO2 onehandered to at lessee than 125 of pounds at any one time. While Hammer Lane restaurant occasionally has one tank delivered to the Eddie's Classic Billiards location, which is a separate entity and in a separate space next door in space three (3) of the shopping center where tht restaurant is located, it is invoiced to the account at the pizza restaurant only for convenience sake, and the Billiard xoom serves only soda and is open evenings and weekends only ly and uses very little CO2. There is usually only y pound tank there at any one time. On two occasions during the past year, the driver delivered more than he was supposed to at ptore. numbsr,two Air Gas has been given firm instructions not to deliver more than loo pounds to the restaurants. On these two occasions, I am told that the restaurant had rua completely out of CO2 and the manager believed conformity would be met with less than one hundred thirty seven (137) poundsafter the drink systems were charged up and full. The Piping all the soda ayetems exceeds one hundred (100) feet. It should also be noted that my client has used the CO2 in the same amounts in a manner that he has operated for approximately the last twenty two (22) years. Suffice to say, my client does not consider himself a uninformed or negligent operator. My client is a hands on operator of his restaurants where he has been so haslalso for the last twenty two (22) years. My been on the State Hoard of the California Restaurant Association for the last ten years, as well as being president of the local chapter three (3) times. -XY client is aware of no publications to the restaurant community at large, which define the limits of what levels can be used without emergency seivices'invblvement. I do question the amount of notice that the restaurant community is given relative to this isaue.