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ORDINANCE REQUIRING POSTED SIGNS DEPT. HD7-- 4B# 8959-#1 ITITLE: WHERE ALCOHOLIC BEVERAGES ARE SOLD I
WTG. 4/28/87
DEPT.cA
WARNING OF THE EFFECT OF ALCOHOL
DURING PREGNANCY
RECOMMENDED ACTION:
Introduce Ordinance No. 3-073
ITEM EXPLANATION
At your meeting of April 14, 1987 Council directed the City
Attorney to return with an ordinance relating to posting
warning signs where alcoholic beverages are sold. That
ordinance.is attached.
ENFORCEMENT
County Health Department will provide signs and enforcement of this ordinance. Any food handling establishment requires
County permit and annual inspection. Signs will be required
as condition of permit.
See attached letter from County.
EXHIBITS
1. Ordinance No. SO 7-3
2. Letter from County of San Diego, dated April 14, 1987.
NORM N1 1. HICKEY
CHIEF ADMINISTRATIVE OFFICER
(618) 238-2726
April 14, 1987
CHIEF ADMINISTRATIVE OFFICE
1600 PACIFIC HIGHWAY, SAN DIEGO. CALIFORNIA 92101
Claude Lewis Mayor City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Dear Mayor Lewis :
On behalf of the San Diego County Board of Supervisors I am requesting that the
City of Carlsbad consider adoption of an ordinance requiring the posting of al-
cohol related birth defects (ARBD) education signs at all licensed alcoholic
beverage outlets within your city limits. On February 10, 1987, the Board of
Supervisors adopted such an ordinance, to be effective May 10. That ordinance
and a background report on ARBD are enclosed for your information.
I encourage you to give serious consideration to adoption of a parallel ordi-
nance to that of the County. As the enclosed report states, ARBD is a serious yet total ly preventable problem. Education signs where alcoholic beverages are
sold are an important component of a broad-based ARBD education effort. Your
assistance in bringing this information before the general public is needed to
raise awareness on the risks associated with alcohol consumption during preg-
n ancy .
The County Department of Health Services, Division of Alcohol Services, is
available to provide assistance on the development and implementation of local
ordinances.
adopts an ordinance similiar to the County ordinance. Compliance with local
ordinances will be achieved through our regular County health inspection of
out lets.
It will also provide all necessary signs at no charge if the city /
Should you like additional information or have any questions regarding this
public health education measure, please call Robert I. Reynolds, Deputy Director for Alcohol Services, at 236-2648.
Si ncerel y,
I&H: BER: ac
Enclosures
cc: City Manager
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ORD I NAN C E NO 5073
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADOPTING CHAPTER 6.15 OF
THE CARLSBAD MUNICIPAL CODE TO POST SIGNS WHERE
ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE
EFFECT OF ALCOHOL DURING PREGNANCY.
The City Council of the City of Carlsbad does ordain as
follows:
~ SECTION 1: That Title 6 of the Carlsbad Municipal Code
~
by amended by the addition of Chapter 6.15 to read as follows:
Chapter 6 15
ALCOHOLIC BEVERAGE WARNING
Sections:
6.15.010 Purpose.
6.15.020 Duty to post signs or notices.
6.15.030 Placement.
6.15.040 Language 6.15.050 Department of health services representatives.
6.15.010 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 retardation, facial abnormalties 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.
6.15.020 Duty to post siqns or notices. Any person or
entity who owns, operates, manages, leases or rents premises offering wine, beer, or other alcoholic beverages for sale, or
dispensing for consideration to the public, shall cause a sign OL 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 6.15.030 or in
rules and regulations adopted by the Department of Health Services, a sign or notice as required herein shall not be
smaller than eight and one half inches wide by five and one half
inches long, nor shall any lettering thereon be less than three
eights inch in height.
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6.15.030 Placement. A sign or notice reuuired by
a. Where the sale or dispensing of wine, beer, or Section 6.15.020 shall be placed as follows:
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 purchase.
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 restroom.
b. Where the sale of wine, beer, or other alcoholic
6.15.040 Lanquage. 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 6.15.020 above shall be
worded in the primary language or languages involved.
6.15.050 DeDartment of health services
representatives.
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.
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.
a. The deputy director of environmental health
b. The San Diego County Department of Health Services
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published
at least once in the Carlsbad Journal within fifteen days after
its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 28th day of April , 1987
and thereafter
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Page 2 of Ordinance No. 5073
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 5th day of May , 1987 by the
following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
\
ATTEST:
lz&L A, R- ALETHA L. RAUTENKRANZ, City Clerk
Page 3 of Ordinance No. 5073