Chapter 8.11


8.11.010    Purpose.

8.11.020    Definitions.

8.11.030    Duty to post signs or notices.

8.11.040    Placement of educational posters.

8.11.050    Compliance deadline.

8.11.060    Violations.

8.11.010 Purpose.

The purpose of this chapter is to educate the public through the use of educational posters to be placed at bars where alcoholic beverages are consumed by the public, advising the public of the dangers of alcohol consumption, and to increase public awareness of unsafe alcohol-related behavior, warn people about the risks and legal penalties of drinking and driving, and deter people from engaging in this very risky behavior. (Ord. 636 § 1, 2006; Ord. 613 § 3, 2004)

8.11.020 Definitions.

A. “Bar” means any on-sale establishment wherein alcoholic beverages are sold, served or given away for consumption on the premises and where food service is not required, including but not limited to any facility that holds License Type 40, 42, 48, 51, 52, or 61 from the California Department of Alcoholic Beverage Control. Typical on-sale uses under this definition include but are not limited to the following establishments: bars, taverns, night clubs, dance bars, piano bars, ballrooms, billiard and/or game parlors, or other private clubs.

B. “Manager” means a person, regardless of the job title or description, who has discretionary powers to organize, direct, carry on, or control the operations of a bar. Authority to engage in one or more of the following functions is prima facie evidence that a person is a manager of a bar:

1. Hire or separate employees;

2. Contract for the purchase of furniture, equipment, or supplies, except for the occasional replenishment of stock;

3. Disburse funds of the business, except for the receipt of regularly replaced items of stock;

4. Make or participate in making policy decisions regarding operations of the licensed business.

C. “Educational poster” means a poster or sign:

1. With a size no less than 11 inches by 17 inches;

2. Containing information regarding blood alcohol content;

3. Containing information regarding the costs associated with being charged for driving under the influence (DUI) or for driving while intoxicated (DWI);

4. Containing a disclaimer for the City, the bar, and sponsors;

5. Containing contact numbers for cab service or other safe ride alternatives;

6. Containing language or images to help educate patrons about their choices and to deter them from driving in an impaired state.

D. “Visible location” means any area within a bar that is easily visible to patrons of the establishment. (Ord. 636 § 1, 2006; Ord. 613 § 3, 2004)

8.11.030 Duty to post signs or notices.

Every manager of a bar offering wine, beer, or other alcoholic beverages for sale, or dispensing for consideration to the public, shall cause an educational poster to be permanently posted or displayed on the premises as provided in this chapter. The educational poster required shall not be smaller than 11 inches wide by 17 inches long, nor shall any lettering thereon be less than three-eighths inch in height. (Ord. 636 § 1, 2006; Ord. 613 § 3, 2004)

8.11.040 Placement of educational posters.

A. Educational posters are to be posted within restrooms, smoking areas, or other visible locations.

B. Each bar shall post a minimum of one educational poster within each restroom. (Ord. 636 § 1, 2006; Ord. 613 § 3, 2004)

8.11.050 Compliance deadline.

A bar in existence on the effective date of the ordinance codified in this chapter shall comply with the provisions of this chapter no later than 60 days after the effective date of the ordinance codified in this chapter. (Ord. 636 § 1, 2006; Ord. 613 § 3, 2004)

8.11.060 Violations.

A violation of any provision of this chapter or a failure to comply with any mandatory requirement of this chapter is subject to prosecution in accordance with Chapter 1.08 PMC and may be enforced through injunctive relief. (Ord. 636 § 1, 2006; Ord. 613 § 3, 2004)