Chapter 5.128 — ALCOHOL 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 purpose of this chapter is to educate the public by requiring warning signs to be placed at all locations where alcoholic beverages are sold to the public.

(Prior code § 5850; Ord. 3141, 04/26/88)

Any person or entity who owns, operates, manages, leases or rents Premises offering alcoholic beverages, including without limitation, wine, beer, malt beverages and distilled spirits for sale or dispensing for consideration to the public, shall permanently post or display a sign or notice on such Premises as provided in this chapter. The sign or notice shall read as follows: "WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages During Pregnancy Can Cause Birth Defects."

(Prior code § 5851; Ord. 3141, 04/26/88)

The sign or notice shall be provided by using one or more of the following methods alone or in combination. For alcoholic beverages including without limitation beer, malt beverages, wine and distilled spirits:

(1)

Primarily intended for consumption off the Premises where sold or distributed, at least one square notice or sign, no smaller than 10 inches wide by 10 inches high, and bearing the warning message set forth in Section 5.128.020 of this chapter. For signs 10 inches high by 10 inches wide, the word "WARNING" shall be centered three-quarters of an inch from the top of the sign in ITC Garmond 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 Garmond 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 one and one-quarter inch shall be observed. Larger signs shall bear substantially the same proportions of type size and spacing to sign dimension as the sign 10 inches high by 10 inches wide. Such 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 feet from any display of any alcoholic beverage container in a manner associating the sign or notice with the display.

(2)

Provided 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 5 inches high by 5 inches wide bearing substantially the same type face and substantially the same proportion of type size and spacing to sign dimension as described in paragraph (1) of this section, or placed upon a menu or list in association with the alcoholic beverages listed therein and served at such Premises.

(3)

Sold or distributed through over the counter service, at least one sign, meeting the specifications set forth in paragraph (1) of this section, placed in the retail establishment so that it is readable and likely to be read from all counter locations available to the public.

(Prior code § 5852; Ord. 3141, 04/26/88)

In the event a substantial number of the public patronizing a Premises which offers for sale or dispenses wine, beer, or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required by this chapter shall be worded in both English and the primary language or languages involved.

(Prior code § 5853; Ord. 3141, 04/26/88)

The Director of the Health System shall be responsible for the enforcement of this chapter. The Health System shall have the authority to adopt reasonable rules and regulations for the implementation of this chapter, including rules and regulations for alternative signs and placement of required signs.

(Prior code § 5854; Ord. 3141, 04/26/88; Ord. 4388, 09/09/08)

Notwithstanding Section 1.08.010 of this Ordinance Code, 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 chapter shall be guilty of an infraction, and upon conviction thereof shall be punished by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation of this ordinance within one year; (3) a finding not exceeding five hundred dollars ($500) for each additional violation of this ordinance within one year. Violation of this chapter shall also be grounds for the revocation of a business License or Health System License or permit of the business facility where the offense occurred.

(Prior code § 5855; Ord. 3141, 04/26/88; Ord. 4388, 09/09/08)