Berkeley Municipal Code Ch. 13.60 Warning Sign Against Consuming Alcoholic Beverages During Pregnancy

A. 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).

B. 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.

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

D. 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. (Ord. 5946-NS § 1, 1989)

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

A. "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.

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

C. "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. (Ord. 5946-NS § 2, 1989)

A. 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 13.60.040. 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.

B. Specifications. 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. (Ord. 5946-NS § 3, 1989)

A sign or notice required by Section 13.60.030A 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 13.60.030B, 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 or 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 wide bearing substantially the same type face and substantially the same proportion of type size and spacing to sign dimension as described in Section 13.60.030B, 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 13.60.030B, placed in the retail establishment that it is readable and likely to be read from all counter locations available to the public. (Ord. 5946-NS § 4, 1989)

In the event that twenty-five percent or more of the persons patronizing a premises offering for sale or dispensing wine, beer, or other alcoholic beverages use a language other than English as a primary language, any sign or notice required by Section 13.60.030A above shall be worded in both English and the primary language or languages involved. (Ord. 5946-NS § 5, 1989)

The Chief of Environmental Health shall enforce this chapter by serving notice requiring the correction of any violation within a reasonable time specified by the chief. Upon failure to comply with the notice within the time period specified, the chief shall call upon the City Attorney to maintain an action for injunction to enforce the provisions of this chapter, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation. (Ord. 5946-NS § 6, 1989)

A. Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the execution of this chapter, shall be liable for a civil penalty not to exceed five hundred dollars, for each day such violation is committed or permitted to continue.

B. Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the execution of any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished pursuant to Section 1.20.010A of the Berkeley Municipal Code, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue.

C. For a second, or subsequent violation, any local retail business license of the business facility where the offense occurred may be revoked by the licensing agency until the violator complies with this chapter. (Ord. 5946-NS § 7, 1989)

Copies of this bill are hereby ordered published by posting with the vote thereon for two days at the ten prominent places in the City of Berkeley as designated by Chapter 1.08 of the Berkeley Municipal Code. (Ord. 5946-NS § 8, 1989)