Delano Municipal Code Ch. 7.28 Alcoholic Beverage Warning Signs

The Surgeon General of the United States has advised women who are pregnant, or considering pregnancy, not to drink alcoholic beverages. Recent research indicates that alcohol consumption during pregnancy, especially in the early months, can harm the fetus, and result in birth defects including mental retardation, facial abnormalities and other defects involving heart and bone structure. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public.

(Ord. 865 (part), 1988).

Any person or entity who owns, operates, manages, leases or rents 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 on the premises as provided in this chapter. The sign or notice shall read as follows:

WARNING. DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

The sign or notice as required in this chapter shall not be smaller than ten inches wide by ten inches long, nor shall the lettering for the required wording be less than one inch in height.

(Ord. 865 (part), 1988).

The required sign or notice shall be placed as follows:

A. Where the sale or dispensing of wine, beer or other alcoholic beverage to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is conspicuously displayed so as to be readable from all locations at which such sale or dispensing occurs.

B. Where the sale of wine, beer or other alcoholic beverages to the public is primarily provided through over the counter service, at least one sign shall be placed to assure that it is readable from all counter locations available to the public.

C. Where the sale or dispensing of wine, beer or other alcoholic beverages to the public is primarily provided for consumption on the premises at tables served by food or beverage service persons, at least one sign shall be placed to assure it is readable by the public entering the premises. In addition, at least one sign shall be placed to assure that it is conspicuously displayed so as to be readable in each public restroom.

(Ord. 865 (part), 1988).

A. Primary enforcement of the provisions of this chapter shall be with the local police department.

B. Anyone subject to the provisions of Section 7.28.030 above who knowingly fails to post the required warning is guilty of an infraction.

(Ord. 865 (part), 1988).