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HomeMy WebLinkAboutOrd 1987-2242 ORDINANCE NO. 2242 AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 8.26 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE POSTING OF SIGNS WHERE ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE EFFECT OF ALCOHOL DURING PREGNANCY The City Council of the City of Chula Vista does ordain as follows: SECTION I: That Chapter 8.26 is hereby added to Title 8 of the Chula Vista Municipal Code to read as follows: CHAPTER 8.26 ALCOHOLIC BEVERAGE WARNING SIGNS Sec. 8.26.010 Purpose. 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. Sec. 8.26.820 Duty to Post Signs or Notices. 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 WINE AND BEER, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. Except as specified in Section 8.26.030, or in rules and regulations adopted by the San Diego County -1- Department of Health Services, a sign or notice as required herein shall not be smaller than 8-1/2 inches wide by 5-1/2 inches long, nor shall any lettering thereon be less than 3/8 inch in height. Sec. 8.26.030 Placement. A sign or notice required by Section 8.26.020 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. Sec. 8.26.840 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 8.26.020 above shall be worded in the primary language or languages involved. Sec. 8.26.050 Department of Health Services Representatives. A. The Health Officer 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. -2- SECTION II: This ordinance shall take effect and be in force on the thirty-first days from and after its adoption. Presented by Approved as to form by ~ D ~Asmus, Assistant City . Richard Rudolf, Assistant Manager City Attorney 3418a -3- FIRST READ AT A REGULAR MEETING OF THE CITY COUNCIL OF THE C ' OF CHULA VISTA, CALIFORNIA· HELD December 8 . 19 87, AND FINALLY PASSED AND ADOPTED AT A REGULAR MEETING THEREOF HELD December 15 · 19 87 · BY THE FOLLOWING VOTE· TO-WIT: AYES: Councilmen Moore. Malcolm, NAYES: Councilmen None ABSTAIN: Councilmen None ABSENT: Councilmen cox, McCandliss MAYOR PRO TEMPORE, CITY OF CHULAVISTA S',,-,'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of OEDINANCE NO. 2242 ,ond thor the some has not been oreended or repeoled. DATED City Clerk CI'iY OF CHULA VISTA CC-660