[Adopted 8-16-1988 by L.L. No. 26-1988 (Ch. 214, Art. I, of the 1985 Code)]
A. 
This Legislature hereby finds that the relationship between the use of alcohol and a variety of medical problems arising in both pregnant women and developing fetuses has been clearly established over the past decade.
B. 
This Legislature further finds and determines that a vigorous public informational and medical professional training program has heightened the public's awareness of the relationship between drinking during pregnancy and birth defects known as "Fetal Alcohol Syndrome (FAS)."
C. 
This Legislature also determines that FAS, which involves low birth weight and physical deformities, constitutes the third leading cause of birth defects, including mental retardation and Down's Syndrome.
D. 
This Legislature determines that FAS occurs in approximately one to three per 1,000 live births amongst the general population and approximately 23 to 29 per 1,000 live births among women who use alcohol extensively.
E. 
Therefore, the purpose of this article is to provide warning information to substantially increase public awareness of the dangers of alcohol-related birth defects through the conspicuous display of appropriate warning posters in retail food establishments located within the County of Suffolk in furtherance of the County's responsibility to protect the public safety, health and general welfare of its residents, including unborn children.
As used in this article, the following terms shall have the meanings indicated:
COMMISSIONER
The Commissioner of the Suffolk County Department of Health Services.
RETAIL FOOD ESTABLISHMENTS
All sales outlets, stores, shops or other places of business located and/or doing business within the County of Suffolk, which operate primarily to sell or convey foods and/or beer, wine or liquor directly to the ultimate consumer. "Retail food establishment" shall include, but not be limited to, any place where food and/or beer, wine or liquor is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured and sold or offered for sale, including but not limited to any fixed or mobile restaurant; coffee shop; cafeteria, short-order cafe; delicatessen; luncheonette, grill; sandwich shop; soda fountain; tavern; bar; liquor store; cocktail lounge; nightclub; roadside stand; take-out prepared food place; industrial feeding establishment; catering kitchen; commissary; grocery store; public food market; food stand; or similar place in which food, drink and/or beer, wine or liquor is prepared for sale, consumption or for service on the premises or elsewhere; and any other establishment or operation where food and/or beer, wine or alcohol is processed, prepared, stored, served or provided to the public for charge or as determined by the Commissioner.
[Amended 12-13-1988 by L.L. No. 1-1989]
Retail food establishments located and/or doing business within the County of Suffolk shall post on their premises a sign or poster with conspicuous lettering at major entrances thereto containing all capital letters not less than two inches in height on a contrasting background stating: "WARNING: CONSUMING ALCOHOL MAY CAUSE BIRTH DEFECTS."
A. 
Willful failure to comply with § 294-3 of this article shall constitute a violation punishable by a civil fine of $100 for each violation.
B. 
This article shall be enforced by the Suffolk County Department of Health Services in accordance with the provisions of Article 2 of the Suffolk County Sanitary Code.
[Amended 9-15-2011 by L.L. No. 49-2011]
The Commissioner is hereby authorized and empowered to issue and promulgate such rules and regulations as he shall deem necessary to implement the provisions of this article.