Alameda County Municipal Code Ch. 6.12 Alcoholic Beverages

No person shall drink alcoholic beverages on that portion of private property which is open to the public, is within five hundred (500) feet of any public street, highway, alley, or sidewalk, and is used or intended to be used for the parking or storage of motor vehicles by the customers or employees of any commercial or industrial use, without the express permission of the owner, his agent, or the person in lawful possession thereof.

(Prior gen. code § 3-190.1)

No person shall drink any alcoholic beverage on any public street, highway, alley, or sidewalk.

(Prior gen. code § 3-190.2)

Alcohol consumption during pregnancy may cause irreversible adverse effects on the developing fetus, including mental retardation, facial abnormalities, joint defects, and small size and weight; collectively known as Fetal Alcohol Syndrome (FAS).

Alcohol consumption during pregnancy is associated with a wide range of Fetal Alcohol Effects (FAE) including a high ratio of miscarriage, low birth weight and size, childhood hyperactivity and individual features of FAS.

FAS and FAE can be prevented by abstinence from alcohol during pregnancy.

Information at the place of alcohol purchase, together with other prevention measures, will help warn both the general public and individuals most likely to need the information.

(Prior gen. code § 3-230.0)

As used in this chapter, the following terms are defined as indicated:

"Alcoholic beverage" has the same meaning as that used in the California Alcoholic Beverage Control Act, with the following qualification. The term shall not include products sold for medicinal purposes only.

"Person" has the same meaning as that used in the California Alcoholic Beverage Control Act.

"Vendor" means any person who owns or operates a business establishment which sells at retail any alcoholic beverages for on-premises or off-premises consumption.

(Prior gen. code § 3-230.1)

Any person or entity which owns, operates, or manages, a premises offering wine, beer, or other alcoholic beverages for sale, or dispensing for consideration to the public, shall cause a sign or notice to be posted or displayed on the premises as provided in Section 6.12.060 of this chapter. The sign or notice must include the following language:

WARNING:

DRINKING DISTILLED SPIRITS, BEER, COOLERS, WINE, AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

Except as otherwise expressly provided in this chapter, the sign shall be no smaller than ten inches wide by ten inches high, and bearing the warning message set forth above. For signs ten inches wide by ten inches high, the word "warning" shall be centered three-quarters of an inch from the top of the sign in ITC Garamond bold condensed type face all in one-inch capital letters. Three-sixteenths of an inch from the base of the word "warning" shall be a line extending from left to right across the width of the sign one-sixteenth of an inch in thickness. Centered one-half inch below the line shall be the body of the warning message in 54-60 ITC Garamond bold condensed type face with the initial letter of each word, other than the conjunctive "and," capitalized. For the body of the warning message, left and right margins of at least three-quarters of an inch, and a bottom margin of at least one and one-quarter inch shall be observed. Larger signs shall bear substantially the same proportions of type size and dimension as the sign ten inches high by ten inches wide.

(Prior gen. code § 3-230.2)

A sign or notice required by Section 6.12.050 shall be placed as follows:

A. Where the sale is intended primarily for consumption off the premises where sold or distributed, at least one sign, meeting the specification set forth in Section 6.12.050, shall be placed in the retail establishment so as to assure that it is readable and likely to be read either at the retail point of sale or each point of display. Signs placed at the point of display shall be placed no more than ten feet from any display of any alcoholic beverage container in a manner associating the sign or notice with the display.

B. Where the sale is intended primarily for consumption on the premises at tables served by food or beverage persons, a notice or sign displayed at each of the tables at least five inches high by five inches bearing substantially the same type face and substantial]y the same proportion of type size and spacing to sign dimension as described in Section 6.12.050, or placed upon a menu and list in association with the alcoholic beverages listed therein and served at such premises.

C. Where the sale is intended primarily through over-the-counter service, at least one sign, meeting the specifications set forth in Section 6.12.050, placed in the retail establishment so that it is readable and likely to be read from all counter locations available to the public.

(Prior gen. code § 3-230.3)

In the event a substantial number of persons patronizing a premises offering for sale or dispensing wine, beer, or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required by Section 6.12.050 above shall be worded in both English and the primary language or languages involved.

(Prior gen. code § 3-230.4)

The Alameda County health care services agency shall make warning signs meeting the sign requirements available to vendors of alcoholic beverages, and shall promulgate requirements with respect to the posting of said signs. A fee may be charged by the Alameda County health care services agency to cover printing, postage, and handling expenses.

(Prior gen. code § 3-230.5)

A. Any person violating or threatening to violate any of the provisions of this chapter may be enjoined in any court of competent jurisdiction.

B. Violation of any provision of this article is an infraction subject to a maximum fine of one hundred dollars ($100.00) in addition to any other penalty established by law.

C. Actions pursuant to this section may be brought by the District Attorney.

(Prior gen. code § 3-230.6)