Article 4 — 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 to 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.

(Ord. No. 3752, § 1, 3-21-89)

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

(a)

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

(b)

Health Department shall mean the Orange County Health Care Agency.

(c)

Health Officer shall mean the County Health Officer or his or her deputy.

(Ord. No. 3752, § 1, 3-21-89)

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 (1) notice or sign 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 or notices placed at the point of display shall be placed no more than ten (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 (1) 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 (1) notice or sign shall be placed in the retail establishment so that it is readable and likely to be read from all counter locations available to the public.

(d)

Any sign required to be posted or displayed under this section, except as otherwise provided in this article, 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. 3752, § 1, 3-21-89; Ord. No. 3775, § 1, 12-12-89)

In the event that twenty-five (25) percent 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 4-4-62 shall be worded in both English and the primary language or languages involved.

(Ord. No. 3752, § 1, 3-21-89)

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 warning messages and placement of required signs.

(Ord. No. 3752, § 1, 3-21-89; Ord. No. 3775, § 2, 12-12-89)

Any person who shall violate the provisions of this article shall be guilty of an infraction and upon conviction shall be punished by a fine not to exceed one hundred dollars ($100.00) per day.

(Ord. No. 3752, § 1, 3-21-89)

Warning signs may be obtained, free of 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 4-4-62.

(Ord. No. 3752, § 1, 3-21-89)