Hawthorne Municipal Code Ch. 8.38 Alcoholic Beverages

Every owner, operator, manager or person having control of premises offering for sale or dispensing for consideration to the public, alcoholic beverages, including beer and wine, shall clearly and conspicuously post or cause to be posted on the premises a sign containing a warning in letters not less than one-inch tall reading substantially as follows:

"PREGNANCY AND ALCOHOL DO NOT MIX. DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS."

The sign required by this section shall be placed as follows:

A. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure it is readable from all locations at which said sale or dispensing occur.

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

C. Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided for consumption on the premises by the public 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; provided, however, that notices may be placed or displayed at each of the tables in a manner which will assure that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices.

(Ord. 1429 § 1, 1988)

A. Alcoholic Energy Drinks Defined. For the purposes of this section, alcoholic energy drinks (AEDs) mean alcoholic beverages to which is added caffeine and/or other stimulants that are metabolized as caffeine, such as guarana. Alcoholic energy drinks do not include coffee-based alcoholic beverages, including Irish coffee and kahlua.

B. Warning Signs Required. Any person or entity who owns, operates, manages, leases or rents a premises offering for sale or dispensing for consideration to the public alcoholic energy drinks shall cause a sign or notice to be posted or displayed on the premises as provided in this section. The sign or notice shall comply with the readability requirements specified herein and shall read substantially as follows:

WARNING: Consuming energy drinks that contain or are mixed with alcohol may mask the signs of impairment and INCREASE YOUR RISKS OF INJURY

In no event shall a sign as required herein be smaller than twelve inches wide and twelve inches long, nor shall any lettering thereon be less than one inch in height.

C. Placement. A sign or notice required by subsection B above shall be placed as follows:

1. Where the sale or dispensing of alcoholic energy drinks to the public is primarily intended for consumption off the premises, at least one sign shall be placed at all locations in the store where AEDs are displayed for purchase;

2. Where the sale or dispensing of AEDs 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;

3. Where the sale or dispensing of AEDs to the public is primarily provided for consumption on the premises by the public 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.

(Ord. 1989 § 2, 2011)

A. Alcoholic Beverages Defined. For the purposes of this section, "alcoholic beverage" means and includes any liquid or solid material intended to be ingested by any person which material contains ethanol, also known as ethyl alcohol, drinking alcohol, or alcohol, including, but not limited to, alcoholic beverages as defined in Section 23004 of the Business and Professions Code of the state, intoxicating liquor, malt beverages, beer, wine, spirits, liqueurs, whiskey, rum, vodka, cordials, gin, brandy, and any mixture containing one or more alcoholic beverages.

B. Consumption in Public Places. It is unlawful for any person, whether on foot or in a vehicle, to drink any alcoholic beverage upon any public sidewalk, street, or alley or in any public place in the city, excepting restaurants and other commercial establishments where on-sale consumption is permitted by license of the state, including in designated areas approved for outdoor dining with a valid encroachment permit for said purpose, or city parks where a special permit allowing the consumption of alcoholic beverages has been issued by the director of the Hawthorne parks and recreation department. The special permit allowing consumption of alcoholic beverages in city parks may be issued only if all of the following requirements are met:

1. One million dollar certificate of liability insurance in a form acceptable to the city;

2. Alcoholic (beer and wine only) will be served in a confined area only;

3. A pre-approved diagram of activity including confined area for alcohol consumption;

4. Name and address of responsible party as it pertains to the alcohol distribution;

5. Security. For each fifty persons, one off-duty city police officer will be required. This security must be paid for upon issuance of permit.

C. Open Container in Public Places. It is unlawful for any person possessing any can, bottle, or other receptacle containing any alcoholic beverage that has been opened, or a seal broken, or the contents of which have been partially removed, upon any public sidewalk, street, or alley or in any public place in the city, excepting restaurants and other commercial establishments where on-sale consumption is permitted by license of the state, including in designated areas approved for outdoor dining with a valid encroachment permit for said purpose, or city parks where a special permit allowing the consumption of alcoholic beverages has been issued by the director of the Hawthorne parks and recreation department. Notwithstanding Section 1.22.040 of this code, violation of this provision shall be charged as an infraction only.

(Ord. 1516 § 1, 1991; Ord. 1542 §§ 1, 2, 1992; Ord. 1684 § 1, 2000; Ord. 2068 § 2, 2014; Ord. 2081 § 1, 2014)