The Surgeon General of the United States has recommended that
women who are pregnant, or considering pregnancy, be advised not to
drink alcoholic beverages, and to be aware of the alcoholic content
in anything they eat because alcohol consumption during pregnancy,
especially in the early months, can harm the fetus. In order to serve
the public health, safety and welfare, the purpose of this chapter
is to educate the public by requiring that warning signs be placed
at all locations where alcoholic beverages are sold to the public.
(Ord. 89-O-111 § 1, 1989)
The following terms used in this article shall have the meanings
indicated below:
includes, without limitation, beer, malt liquors, wine and
distilled spirits.
means the Orange County health care agency.
(Ord. 89-O-111 § 1, 1989)
Any person or entity who owns, operates, manages, leases or
rents a premises offering wine, beer, distilled spirits, malt liquors
or other alcoholic beverages for sale, or who dispenses such beverages
for consideration to the public, shall cause signs to be posted in
compliance with the following:
(1)
For
alcoholic beverages intended for consumption off the premises where
sold or distributed at least one notice or sign shall be placed in
the retail establishment so as to assure that it is readable and likely
to be read either at the retail point of sale or each point of display.
Signs or notices placed at the point of display shall be placed no
more than 10 feet from any display of any alcoholic beverage container
in a manner associating the sign or notice with the display.
(2)
For
alcoholic beverages provided for consumption on the premises at tables
served by food or beverage persons at least one notice or sign shall
be placed so as to assure that it is readable and likely to be read
by the public being served on the premises, or a notice or sign shall
be conspicuously displayed at each of the tables.
(3)
For
alcohol sold or distributed through over the counter service at least
one notice or sign shall be placed in the retail establishment so
that it is readable and likely to be read from all counter locations
available to the public.
(4)
Any
sign required to be posted or displayed pursuant to this section shall
bear the following warning message:
"WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and
other Alcoholic Beverages May Increase Cancer Risk, and During Pregnancy,
Can Cause Birth Defects."
(Ord. 89-O-111 § 1, 1989)
In the event that 25% or more of the public patronizing a premises offering for sale or dispensing, for consideration, wine, beer, or other alcoholic beverages uses a language other than English as a primary language, any sign or notice required under Section 8.34.030 shall be worded in both English and the primary language or languages involved.
(Ord. 89-O-111 § 1, 1989)
The code enforcement officer shall be responsible for enforcing
the provision of this article. The department of development 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.
(Ord. 89-O-111 § 1, 1989)
Any person violating any of the provisions of this chapter may be prosecuted for an infraction and upon conviction shall be subject to a fine per the schedule in Section 1.08.020.
(Ord. 89-O-111 § 1, 1989)
Warning signs may be obtained, free of charge, from the health department. Vendors of alcoholic beverages may also prepare and post signs of their own making meeting the requirements of this article, at their expense. In no event shall the language of the warning sign be altered from that specified in subsection (4) of Section 8.34.030.
(Ord. 89-O-111 § 1, 1989)
