Chapter 4.08
ALCOHOLIC BEVERAGE WARNING SIGNS

Sections:

4.08.010    Purpose.

4.08.020    Duty to post signs or notices.

4.08.030    Placement.

4.08.040    Language.

4.08.050    Department of health services representatives.

4.08.010 Purpose.

The Surgeon General of the United States of America 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. (Ord. 34 § 1, 1987; 1987 Code § 4.04.010)

4.08.020 Duty to post signs or notices.

A. 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 BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.

B. Except as specified in SBMC 4.08.030 or in rules and regulations adopted by the department of health services, a sign or notice as required in this section 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-eighths inch in height. (Ord. 34 § 1, 1987; 1987 Code § 4.04.020)

4.08.030 Placement.

A sign or notice required by SBMC 4.08.020 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. (Ord. 34 § 1, 1987; 1987 Code § 4.04.030)

4.08.040 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 additional sign or notice as is required by SBMC 4.08.020 shall be worded in the primary language or languages involved. (Ord. 34 § 1, 1987; 1987 Code § 4.04.040)

4.08.050 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. (Ord. 34 § 1, 1987; 1987 Code § 4.04.050)