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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. I 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. a 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 3 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) 1 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. 2 5- .. ). 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. 3 -c 7 PASSED, APPROVED, AND ADOPTED this 17th day of February, 1987 . 2- 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 4