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Sent by: CDAA;SJDA EPU 209 468 9764; 12/13/99 5:35PM;Jgj& #465;Page 4/11 ReGelved: 12/1Q/0© 3::a1 PM Zuv 4/4 40p4 -> v0. un r ; re8n a 12!10/88 15:03 FAX 209 4743B:_ H.E.S.M. R003/010 Mr. David Trey Deputy District Attorney December 10, 1999 Page Two my client now keaps one► or twd` fift-k (5`0)" pound tanks on line, and there is one backup. When one of the two on line are "out", they are replaced with the backup. When the third one is nearly out, two are ordered to replace two of them. This keeps the CO2 on hand at lens than 125 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 the restaurant is located, it is invoiced to the account at the pizza restaurant only for convenience Bake, and the Billiard room serves only soda and is open eveninge and weekends only and uses very little CO2 . 'there is usually only one fifty pound tank there at any one time . On two occasions during the past year, the driver delivered more than he was supposed to at ptors number two, Air Gas has been given firm instructions not to deliver more than 100 pounds to the restaurants. On these two occasions, I am told that the restaurant had run completely out of cO2 and the manager believed conformity would be met with less than one hundred thirty seven (137) pounds after the drink eystems were charged up and full. The piping to all the soda systems 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 employed for the last twenty two (22) years. My client has also been on the State Board of the California Restaurant Association for the last ten years, as well as being president of the local chapter three (3) times . Hy, client is aware of no publicationa to the restaurant community at . large, which define the limits of what levels can be, used without emergency services involvement- I do question the amount of notice that the restaurant community is given relative to this issue.