HomeMy WebLinkAbout1987-04-14; City Council; 8959; Ordinance requiring post signs warningCIr OF CARLSBAD - AGENU-BILL -Jc - \' 0
46# 9959 TITLE: ORDINANCE REQUIRING POST SIGNS
DEPT. CM PREGNANCY
WARNING WHERE ALCOHOLIC BEVERAGES ARE SOLD
WARNING OF THE EFFECT OF ALCOHOL DURING WTG. 4/14/87
DEPT. HD..~
CITY M G R. -= CITY AnY\!H
~~ ~~ -
RECOMMENDED ACTION:
Direct City Attorney to prepare an ordinance relating to posting
warning signs where alcoholic beverages are sold.
ITEM EXPLANATION:
On February 10, 1987, the County Board of Supervisors approved
an ordinance requiring vendors of alcoholic beverages to
post on-premise signs warning:
"ALCOHOL AND PREGNANCY DO NOT MIX
Drinking alcoholic beverages, including
wine and beer, during pregnancy can
cause birth defects. 'I
The ordinance will go into effect in all unincorporated areas
of the County on Mother's Day, Sunday, May 10, 1987.
Supervisor Susan Golding has contacted incorporated cities
in San Diego County urging the adoption of similar alcohol
warning sign legislation to complement the County's efforts.
FISCAL IMPACT:
No impact by this action.
EXHIBITS :
1. Letter from Supervisor Golding to City Manager.
2. San Diego County Ordinance 7272.
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SUSAN GOLDING
SUPERVISOR. THIRD DISTRICT
BAN DIED0 COUNTY BOARD OF SUPERVISORS
March 20, 1987
Mr. Frank Aleshire City Manager, City of Carlsbad 1200 Elm Avenue Carlsbad, Calif. 92008
Dear Frank:
On February 10, 1987, the Board of Supervisors approved my proposed ordinance to require vendors of alcoholic beverages to post on-premise signs carrying the following message:
ALCOHOL AND PREGNANCY DO NOT MIX
"Drinking alcoholic beverages, including wine and beer, during pregnancy can cause birth defects."
This ordinance will go into effect in all unincorporated areas of San Diego County on Mothers Day -- Sunday, May 10, 1987. The San Diego and California Restaurant Associations, initial opponents of the measure, have now added their endorsement. I'm pleased to note that some restaurants in cities that have yet to adopt such legislation will be voluntarily displaying the educational warning signs.
In addition, the Board instructed the Chief Administrative Officer (CAO) to develop a plan for an intensive County-wide educational effort on Alcohol Related Birth Defects. Such a program is desperately needed: Fetal Alcohol Syndrome is one of the three leading causes of birth defects in our nation -- - the only tvpe of birth defects that can be totally eliminated throuqh simple abstinence from alcohol durinq preqnancy.
The CAO was also directed to provide staff assistance to any of San Diego County's incorporated cities seeking to enact similar Alcohol Warning Sign legislation. If your City has not done so already, I would encourage you to contact Mr. Bob Reynolds of the County Health Department (236-2648) and request the involvement of the County's Alcohol Division in your efforts to implement an ordinance that would complement the County's effort.
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Page 2 March 20, 1987
For your convenience, I have attached a copy of the County ordinance. Additionally, I have provided a comprehensive package of materials that more thoroughly address the elements of this health related, educational legislative measure.
Please call me if you have any questions on this material. My office, the San Diego Chapter of the National Council on Alcoholism and the County Health Department's Alcohol Division offer our assistance in any effort you might undertake to enact this ordinance in your City.
/ SUSAN GOLDING Supervisor, District 3
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ORDINANCE NO. 7272 (NEW SERIES)
AN ORDINANCE AMENDING THE SAN DIEGO COUNTY
CODE RELATING TO THE POSTING OF SIGNS WHERE
ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE
EFFECT OF ALCOHOL DURING PREGNANCY
The Board of Supervisors of the County of San Diego ordains
as follows:
Section 1. Chapter- 4 is added to Division 1 of Title 6 of
the San Diego County Code to read as follows:
CHAPTER 4
ALCOHOLIC BEVERAGE WARNING SIGNS
Sec. 61.401. PURPOSE. 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 retat-dation, 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 at-e sold to the
public.
Sec. 61.402. DUTY TO POST SIGNS OR NOTICES. Any person or
entity who owns, operates, manages, leases or rents premises
offering wine, beer, or other alcoholic beverages for sale, ot-
2-17-87 (53)
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dispensing for consideration to the public, shall cause a sign or
notice to be permanently posted or displayed on the premises as
provided in this chapter. The sign or notice shall read as
follows: PREGNANCY AND ALCOHOL DO NOT MIX - DRINKING ALCOHOLIC
BEVERAGES, INCLUDING WINE AND BEER, DURING PREGNANCY CAN CAUSE
BIRTH DEFECTS. Except as specified in Section 61.403, or in
rules and regulations adopted by the Department of Health
Services, a sign or notice as required herein shall not be
smaller than 8 1/2 inches wide by 5 1/2 inches long, not- shall
any lettering thereon be less than 3/8 inch in height.
Sec. 61.403. PLACEMENT. A sign or notice required by
Section 61.402 shall be placed as follows:
(a) Where the sale or dispensing of wine, beer, or other
alcoholic beverages 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 at all points of put-chase.
(b) Where the sale of wine, beer, or other alcoholic
beverages to the public is primarily intended for consumption on
the premises, at least one sign shall be placed to assure that it
is conspicuously displayed so as to be readable in each public
rest room.
Sec. 61.404. LANGUAGE. In the event a substantial number
of the public patronizing a premises offering for sale or
dispensing wine, beer, or other alcoholic beverages uses a
language other than English as a primary language, an additional
sign or notice as is required by Section 61.402 above shall be
worded in the primary language or languages involved.
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Sec. 61.405. DEPARTMENT OF HEALTH SERVICES REPRESENTATIVES.
(a) The Deputy Director of Environmental Health Services
shall be responsible for the enforcement of compliance with this
chapter. The County Department of Health Services 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.
(b) The San Diego County Department of Health Services
shall make warning signs available to vendors of alcoholic
beverages. Persons or entities may, however, at their own
expense, prepare and post signs meeting the requirements of this
chapter. In no event shall the prescribed language of the
warning sign be altered.
Section 2. This ordinance shall take effect and be in force
thirty (30) days after the date of its passage, and before
the expiration of fifteen (15) days after its passage it shall be
published once with the names of the members voting for and
against the same in San Dieqo Newsline , a newspaper of
general circulation published in the County of San Diego.
Section 3. This ordinance shall be operative on May 10,
1987.
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PASSED, APPROVED, AND ADOPTED this 17th day
of February, 1987 .
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Chairman of the upervisors of the
County of San of California
The above ordinance was adopted vote:
voting "Aye"
voti ng "Aye"
voting "Aye"
Supervisor Brian P. Bilbray
Supervisor George F. Bailey
Supervisor Susan Golding
Supervisor Leon L. Williams voting "Aye"
Supervisor John MacDonald voti rig "fiye"
ATTEST my hand and the seal of the Board of Supervisors this
17th day of February, 1987 (53)
KATHRYN A. NELSON
Clerk of the Board of Supervisors
Ord. No. 7272 (NS)
(SEAL)
Y Bv Maria A. Tiscareno
Deputy
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