Thousand Oaks Municipal Code Ch. 27 Alcohol Energy Drink

The purpose of this ordinance is to protect public health, safety and general welfare by providing information to consumers when making purchases of Alcoholic Energy Drinks or alcohol mixed with Energy Drinks. City of Thousand Oaks does not intend to regulate the sale or purchase of alcoholic beverages or to affect the ability of a purchaser or seller of alcoholic beverages to complete a sales transaction.

(§ 2, Ord. 1528-NS, eff. December 17, 2009)

The following words and phrases, as used in this chapter shall have the following meaning:

(a) Alcoholic Beverage includes alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine, or beer, and which contains one-half of one percent (1/2%) or more of alcohol by volume, which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances, the sale of which requires a license from the California Department of Alcoholic Beverage Control.

(b) Alcoholic Energy Drink (AEDs) means an alcoholic beverage 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.

(c) Non-alcohol Energy Drink (EDs) means a beverage that contains at least 4 mg/oz concentration of caffeine and/or other stimulants and: (1) has the word "energy" in its brand name; or (2) has the term "energy drink" on its label; or (3) is marketed and promoted to consumers as providing extra energy or alertness when consumed. Non-alcohol Energy Drinks do not include traditional sodas that do not meet any of the three criteria listed above or coffee-based beverages.

(§ 2, Ord. 1528-NS, eff. December 17, 2009)

(a) Any person or entity who owns, operates, manages, leases or rents a premises offering for sale or dispensing for consideration to the public AEDs or Alcoholic Beverages and EDs 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 eight (8") inches wide and eight (8") inches long, nor shall any lettering thereon be less than a half (1/2") inch in height.

(b) Placement. A sign or notice required by subsection (a) above shall be placed as follows:

(1) Where the sale or dispensing of AEDs or Alcoholic Beverages and EDs to the public is primarily intended for consumption off the premises, at least one (1) sign shall be placed at all locations in the store where AEDs or Alcoholic Beverages and EDs are displayed for purchase.

(2) Where the sale or dispensing of AEDs or Alcoholic Beverages and EDs to the public is primarily provided through over-the-counter service, at least one (1) 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 or Alcoholic Beverages and EDs 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 (1) sign shall be placed to assure it is readable by the public entering the premises.

(§ 2, Ord. 1528-NS, eff. December 17, 2009)