Cypress Municipal Code Art. IV Alcoholic Beverages Warning Signs

The Surgeon General of the United States has recommended that women who are pregnant, or considering pregnancy, be advised not to drink alcoholic beverages, and be aware of the alcoholic content in anything they eat because alcohol consumption during pregnancy, especially in the early months, can harm the fetus. In order to serve the public health, safety, and welfare, the purpose of this article is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public within the city. The recently enacted provisions of Proposition 65, codified at California Health and Safety Code Section 25249.6, require that any person in the course of doing business must provide a clear and reasonable warning prior to exposing any person to a chemical listed by the State of California, pursuant to Health and Safety Code Section 25249.8. Alcohol is one of those substances deemed to be applicable to the above-referenced provisions.

(Ord. No. 830, § 1, 10-30-89)

The following terms used in this article shall have the meanings indicated below:

"Alcoholic beverages"

shall include without limitation, beer, malt liquors, wine, and distilled spirits.

"Health department"

shall mean the Orange County Health Care Agency, or other agency designated by the city council.

"Health officer"

shall mean the health officer for the City of Cypress, his/her deputy, or other such person as designated by the city council.

(Ord. No. 830, § 1, 10-30-89)

Any person or entity who owns, operates, manages, leases, or rents a premises offering wine, beer, distilled spirits, malt liquors, or other alcoholic beverages for sale, or who dispenses such beverages for consideration to the public, shall cause signs to be posted in compliance with the following:

(a) For alcoholic beverages intended for consumption off the premises where sold or distributed at least one notice or sign shall be placed in the retail establishment so as to assure that it is readable and likely to be read either in the retail point of sale or each point of display. Signs or notices placed at the point of display shall be placed no more than 10 feet from any display of any alcoholic beverage container in a manner associating the sign or notice with the display.

(b) For alcoholic beverages provided for consumption on the premises at tables served by food or beverage persons, at least one notice or sign shall be placed so as to assure that it is readable and likely to be read by the public being served on the premises, or a notice or sign shall be conspicuously displayed at each of the tables.

(c) For alcohol sold or distributed through over-the-counter service at least one notice or sign shall be placed in the retail establishment so that it is likely to be read from all counter locations available to the public.

(d) Any sign required to be posted or displayed pursuant to this section shall bear the following warning message:

"WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine, and Other Alcoholic Beverages May Increase Cancer Risk and During Pregnancy, Can Cause Birth Defects."

(Ord. No. 830, § 1, 10-30-89)

In the event that 25% or more of the public patronizing a premises offering for sale or dispensing, for consideration, wine, beer, or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required under section 15-92 of this Code shall be worded in both English and the primary language or languages involved.

(Ord. No. 830, § 1, 10-30-89)

The health officer shall be responsible for enforcing the provisions of this article. The health department shall have the authority to adopt reasonable rules and regulations for the implementation of this article, including rules and regulations for alternative signs and placement of required signs.

(Ord. No. 830, § 1, 10-30-89)

Any person or persons who shall violate the provisions of this article shall be guilty of an infraction and subject to punishment in accordance with section 1-7 of this Code. Each and every day during any portion of which the provisions of this article are violated, shall constitute a separate offense and may be punished accordingly.

(Ord. No. 830, § 1, 10-30-89)

Warning signs may be obtained, free from charge, from the health department. Vendors of alcoholic beverages may also prepare and post signs of their own making meeting the requirements of this article, at their expense. In no event shall the language of the warning sign be altered from that specified in subsection (d) of section 15-92.

(Ord. No. 830, § 1, 10-30-89)