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HomeMy WebLinkAboutCC ORD 1987-1916 ADDING CHAPTER 9.44 RELATING TO THE POSTING OF SIGNS WHERE ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE EFFECT OF ALCOHOL DURING PREGNANCYORDINANCE NO. 1916 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 9.44 TO THE NATIONAL CITY MUNICIPAL CODE, RELATING TO THE POSTING OF SIGNS WHERE ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE EFFECT OF ALCOHOL DURING PREGNANCY BE IT ORDAINED by the City Council of the City of National City that Chapter 9.44 is added to the National City Municipal Code, relating to the posting of signs where alco- holic beverages are sold warning of the effect of alcohol during pregnancy, to read as follows: Chapter 9.44 ALCOHOLIC BEVERAGE WARNING SIGNS Sections: 9.44.010 Purpose. 9.44.020 Duty to Post Signs or Notices. 9.44.030 Placement. 9.44.040 Language. 9.44.050 Enforcement; County Department of Health Services. 9.44.010 PURPOSE. The Surgeon General of the United States has advised women who are pregnant, or consider- ing pregnancy, not to drink alcoholic beverages. Recent re- search indicates that alcohol consumption during pregnancy, especially in the early months, can harm the fetus, and re- sult 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. 9.44.020 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, or 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 9.44.030, or in rules and regulations adopted by the San Diego County 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, nor shall any lettering thereon be less than 3/8 inch in height. 9.44.030 PLACEMENT. A sign or notice required by Section 9.44.020 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 purchase. (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 restroom. 9.44.040 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 addition- al sign or notice as is required by Section 9.44.020 above shall be worded in the primary language or languages involved. 9.44.050 ENFORCEMENT; COUNTY DEPARTMENT OF HEALTH SERVICES. A. The Deputy Director of Environmental Health Services of the San Diego County Department of Health Services shall be responsible for the enforcement of compliance with this chapter. The San Diego County Department of Health Services shallhave the authority to adopt reasonable rules and regulations for the implementation of this chapter, in- cluding rules and regulations for alternative signs and place- ment 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 re- quirements of this chapter. In no event shall the prescribed language of the warning sign be altered. PASSED AND ADOPTED this 1' 1987. day of April, GEORGE WATERS, Mayor ATTEST: IO E CAMPBELL, City Clerk APPROVED AS TO FORM: i'DGt. 23C GEO GE H. EISER, III, City Attorney J Passed and adopted by the Council of the City of National City, California, on 4-14-87 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Cooper, Dalla, Pruitt, VanDeventer, Waters None None None GEORGE H. WATERS Mayor of the City of National City, California City Clerk o the City of National Cit California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on and on 4-14-$7 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 1916 of the City of National City, passed and adopted by the Council of said City on 4-14-87 (Seal) City Clerk of the City of National City, California By: Deputy