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Sent by: CDAA/SJDA EPU 209 468 9784; 12/13/99 5:35PNI;Jetfaac #465;Page 4/11 <br /> R9C91Vbq: 12/10/9© :�:21r'M; cud 1�4 u0�+ -> �iVMMIby4ni rru; rage .� <br /> 12!10/98 15:03 FAX 209 474 3 T. H.E.S.Y. ®003/010 <br /> Mr. David Trey <br /> Deputy District Attorney <br /> December 10, 1999 <br /> Page Two <br /> my client now keeps one► or tw. fifty. (50) pound tanks <br /> on line, and there . ia one backup. When one of the two on <br /> line are "out", they are replaced with the backup. When <br /> the third one iz nearly out, two are ordered to replace two <br /> of them. This keeps the CO2 on hand at less than 125 <br /> pounds at any one time . <br /> While Hammer Lane restaurant occasionally has one tank <br /> delivered to the Eddie' s Classic Billiards location, which <br /> is a separate entity and in a separate space next door in <br /> space three (3) of the shopping center where the restaurant <br /> is located, it is invoiced to the account at the pizza <br /> restaurant only for convenience sake, and the Billiard room <br /> serves only soda and is open evenings and weekends one <br /> d <br /> uses very little CO2 . There is usually only y <br /> pound tank there at any one time. <br /> On two occasions during the past year, the driver <br /> delivered more than he was supposed to at ptors number .two <br /> Air Gas has been given firm instructions not to deliver <br /> more than loo pounds to the restaurants. on these two <br /> occasions, I am told that the restaurant had run completely <br /> out of co2 and the manager believed conformity would be met <br /> with less than one hundred thirty seven (137) pounds after <br /> they drink systems were charged up and full. The piping to <br /> all the soda systems exceeds one hundred (100) feet. it <br /> should also be noted that my client has used the CO2 in the <br /> same amounts in a manner that he has operated for <br /> approximately the last twenty two (22) years _ <br /> Suffice to say, my client does not consider himself a <br /> uninformed or negligent operator. My client is a hands on <br /> operator of his restaurants where he has been so employed <br /> for the last twenty two (22) years. My client has also <br /> been on the State Hoard of the California Restaurant <br /> Association for the last ten years, as well as being <br /> president of the local chapter three (3) times . ..My client <br /> is aware of no publications to the restaurant community at . <br /> large, which define the limits of what levels can be used <br /> without emergency seivices 'irmblvement . I do question the <br /> amount of notice that the restaurant community is given <br /> relative to this issue. <br />