CHAPTER 21. ALCOHOLIC BEVERAGE WARNING SIGNS

4-21-1000 PURPOSES:

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 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.

4-21-1005 NOT EXCLUSIVE REGULATION:

This chapter is not the exclusive regulation of alcoholic beverages warning signs nor is this chapter a regulation of the sale of alcoholic beverages. It shall supplement and be in addition to the other regulating statutes and ordinances heretofore or hereafter enacted by the State, the County, or any other legal entity or agency having jurisdiction.

4-21-1010 DUTY TO POST SIGNS OR NOTICES:

Any person or entity who owns, operates, manages, leases or rents premises in the unincorporated areas of the County offering wine, beer, or other alcoholic beverages for sale or dispensing for consideration to the public shall cause signs or notices to be permanently posted or displayed on the premises as provided in this chapter. Each sign or notice shall read as follows:

PREGNANCY AND ALCOHOL DO NOT MIX--DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

Except as specified in section 4-21-1015, or in rules and regulations issued by the Tulare County Health Officer, a sign or notice as required herein shall not be smaller than 8 inches wide by 8 inches long, nor shall any lettering thereon be less than 1/2 inch in height.

4-21-1015 PLACEMENT:

A sign or notice required by section 4-21-1010 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 ensure that it is conspicuously displayed so as to be readable at all points of purchase.

(b)    Where the sale or dispensing of wine, beer, other alcoholic beverages to the public is primarily provided through over the counter service, at least one sign shall be so placed as to ensure that it is readable from all counter locations available to the public.

(c)    Where the sale or dispensing of wine, beer, or other alcoholic beverages to the public is primarily provided for consumption on the premises at tables served by food and beverage services persons, at least one sign shall be so placed as to ensure it is readable by the public entering the premises. Alternatively, notices may be placed or displayed at each table in a manner which will ensure that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices.

4-21-1020 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 4-21-1010 above shall be worded in the primary language or languages involved and placed in accordance with section 4-21-1015.

4-21-1025 ENFORCEMENT:

The Tulare County Health Officer and his deputies shall be responsible for the enforcement of compliance with this Chapter. The Tulare County Health Officer 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.

4-21-1030 VIOLATIONS:

Any person or entity who violates the provisions of this Chapter shall be guilty of an infraction and shall be punishable as provided in section 125 of the Ordinance Code. Any person or entity guilty of such a violation shall be deemed guilty of a separate offense for each and every day during which such violation is committed, construed, or permitted.