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HomeMy WebLinkAboutAgenda Statement 1987/12/15 Item 15COUNCIL AGENDA STATEMENT • I tem l ., Meeting Date 12/1 5/ D7 SEC7ND FADING AND ADOPTI~JN ITEM TITLE: a~ ~~ Ordinance - Requiring the posting of signs where alcoholic beverages are sold warning of the effects of alcohol during pregnancy SUBMITTED BY: Assistant City Manager ~~ ~. REVIEWED BY: City Manage 4/5ths Vote: Yes No X On February 17, 1987, the County Board of Supervisors passed a similar ordinance requiring vendors of alcoholic beverages to post on-premise signs warning of the effects of alcohol during pregnancy. The County ordinance went into effect May 10, 1987 in the unincorporated areas of the County. On March 3, 1987, Mr. Nathan Acuna, Director of Community Affairs for the Association for Retarded Citizens of San Diego, appeared before the Chula Vista City Council and requested that the City adopt a similar ordinance. The City Council at • that time requested that staff study the matter and return with a report and recommendation. Further communications have been received from Supervisor Golding urging the City to adopt an ordinance that would complement the County's. RECOMMENDATION: Place ordinance on first reading. BOARDS/COMMISSIONS RECOMMENDATION: The Chula Vista Chamber of Commerce Board of Directors have reviewed the proposed ordinance and by letter, under date of December 1, 1987, (copy attached) voted to support the enactment of the proposed ordinance. DISCUSSION: If the ordinance is adopted, it would apply to all vendors of alcoholic beverages within the City limits. Many businesses in the City are already displaying the prescribed signs voluntarily at the request of the County Health Department. Enforcement of the ordinance would be totally handled by the County Department of Health Services. The attached letter and fact sheet from the County Chief Administrative Officer provide details of how the ordinance would work. Also attached is a copy of the proposed sign. The cities of Carlsbad, Encinitas, Escondido, Imperial Beach, National City, San Marcos, Santee, Solana Beach, Oceanside, Vista and San Diego have adopted the ordinance. The City of La Mesa has the ordinance under consideration,,while the City of E1 Cajon adopted a resolution supporting the concept, but did not ake it a regulatory matter subject to enforcement under a City ordinance. The ~l Cajon City Council did encourage local businesses to voluntarily display the signs. Item #15 (page 2) • If the ordinance is adopted, it will have minimal impact, financial or otherwise, on the business community. Until the State sees fit to adopt legislation requiring all beverage containers to be so labeled, the posting requirement will give appropriate warning to the public that consumption of alcoholic beverages during pregnancy can cause birth defects. If and when labeling legislation is adopted, the posting requirement can and should be reconsidered. Bills have been introduced in the State Legislature to enact a requirement that all alcoholic beverage containers have a warning label concerning the effects of alcohol during pregnancy posted on them. However, such bills have not cleared any committees in the legislative process to date. FISCAL IMPACT: None. The County of San Diego will experience some cost in furnishing signs and enforcement. ERA:mab #55 • • .~._... ~~~ . by t City Council of Chula Vista California Dated • . ' SAN DIEGO COUNTY ALCOHOL RELATED UCATION SIGNS P ING R QUIR N FACT SHEET The County of San Diego and select cities within the County of San Diego have passed ordinances requiring the posting of Alcohol Related Birth Defects (ARBD) education signs ~in all licensed alcoholic beverage outlets. This fact sheet describes posting requirements and penalties for failing to comply. WHO MUST POST Any person or entity who owns, operates, manages, leases or rents premises offer- ing wine, beer or other alcoholic beverages for sale is. required to post ARBD education signs in premises located in the unincorporated areas of San Diego County or within the city limits of municipalities in San Diego County which have passed an ARBD sign posting ordinance. For information regarding whether a city has an ARBD sign posting ordinance, contact the city's administrative office directly. SIGN REQUIREMENTS In order to comply, signs must be at least 8 1/2 inches wide by 5 1/2 inches long and shall read "PREGNANCY AND ALCOHOL DO NOT MIX - DRINKING ALCOHOLIC BEVERAGES, INCLUDING WINE AND BEER, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS." Lettering for the signs shall be at least 3/8 inch in height. Retailers may, at their expense, design, print and post their own signs provided these signs meet the minimum sign requirements described above. SIGN PLACEMENT RBD education signs shall be posted as follows: - Off-Sale Outlets 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. For example, signs placed at all cash registers would comply with this provision. On-Sale Outlets Where the sal a of wine, beer, or other al cohol i c beverages to the publ i c i s 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. This includes both men's and women's restrooms. LANGUAGES OTHER THAN ENGLISH When a substantial number of individuals who patroni2e a premise use a language other than English as a primary language, an additional sign shall be posted in the primary language or languages involved. Spanish language signs are available for pick-up as described on the back of this fact sheet. Requests for signs in languages other than English or Spanish should be directed to the County of San Diego, Department of Health Services, Alcohol Services, at the address listed on ~e back of this fact sheet. Please include a contact person and phone number in ur request. . ~ ... •', ENFORCEMENT AND FINES FOR FAILING TO COMPLY The Department of Health Services is responsible for enforcing the provisions of ~he 'ordinance. Health inspectors from the Division of Environmental Health Services will check compliance during their regular reviews of establishments. Violation of the ordinance is an infraction. Vendors who fail to comply with the ordinance are subject to fines ranging from a maximum of $50 for the first offense up to a maximum of $250 for a third or subsequent offense within a one year period. SIGN AVAILABILITY Signs meeting the minimum requirements may be picked up, free of charge, at the following locations: Central Count Central County (Continued) South Count Clairemont Neighborhood Recovery Center 7907 Ostrow Street, Suite D San Diego, CA 92111 County of San Diego Department of Health Services Environmental Health Services 1700 Pacific Highway San Otego, CA 92101 Department of Alcoholic Beverage Control San Diego District Office 1350 Front Street, Roam 5056 •San Diego, CA 92101 East San Diego Health Center 5202 University Avenue San Diego, CA 92105 North San Diego Health Center 2440 Grand Avenue San Diego, CA 92109 ADDITIONAL INFORMATION Pathfinders Adolescent Neighborhood Recovery Center 5845 University Avenue San Diego, CA 92115 Pathfinders Service Center 4034 30th Street San Diego, CA 92104 North County Escondido Health Center 606 E. Valley Parkway Escondido, CA 92025 North Coast Neighborhood Recovery Center 560 Greenbriar Drive Oceanside, CA 92054 North inland Neighborhood Recovery Center 235 W. Washington Street Escondido, CA 92025 Oceanside Health Center 104 S. Barnes Street Oceanside, CA 92054 Vista Health Center 200 W. Broadway Vista, CA 92083 Palavra Tree Neighborhood Recovery Center 1212 S. 43rd Street, Suite D San Diego, CA 92113 South Bay Alcohol Recovery Services 314 Park Way, Suite B Chula Vista, CA 92010 South Bay Health Center 263 Fig Avenue Chula Vista, CA 92010 East County East County Neighborhood Recovery Center 8841 La Mesa Boulevard La Mesa, CA 92041 EI CaJon Health Center 113 E. Douglas Avenue E I Caj on, CA 92020 For additional information regarding this ordinance you may contact: Division of Alcohol Services Department of Health Services County of San Diego 3851 Rosecrans Street San Diego, CA 92110 (619) 236-2004 • C ~.... o °v ~~ ~~~~ ~~.N ~ ~I~,o~ ~O~' V~ ~ o O ~ .~ hi.~ Ni NJ N ~C`~ v W •~ ~N ~. q aU U'4~ N ~~ ~N Fr~~_ i - ~I~,: CHULA VISTA CHAMBER OF COMMERCE December 1, 1987 fir. John D. Goss City manager CITY OF CHULA UISTA 276 Fourth Avenue Chula Vista, CA 9201 Dear ~1r. Goss: We appreciate your request to solicit input from the Chula Vista Chamber of Commerce regarding the proposed ordinance requiring the posting of signs where alcoholic beverages are sold warning of the effects of alcohol during pregnancy. The Chamber Board of Directors, acting on the positive recommendation of the Governmental Affairs Committee, voted • on November 18th to support the enactment of this proposed ordinance by the Chula Uista City Council. Once again, we appreciate the City's willingness to consider the views of the Chamber of Commerce on issues affecting the business community. Respectfully, r, Thomas A. f~artin President Chula Uista Chamber of Commerce cc: mr. Gene Asmus, Assistant City Manager mr. ~1ark Cox, Public Information Officer AR/h ,~E~C~~~°~~'~.~ TV 9 Yi ~l%~il ~' 2 3 3 FOURTH A V E N U E • C H U L A V I S T A, C A L I F O R N I A 9 2 0 1 0 • T E L, ~ (6 1 9) 4 2-0c='~ 6*0 roiw~ rs r„ t ~e :.. ~ ~~\ ~ i o0 MOCCC ~\ . • NORMAN W. HICKEY CHIEF ADMINISTRATIVE OFFICER (619) 236-2726 May 18, 1987 (~mz~t#g of ~S~z~ ~ie~o CHIEF ADMINISTRATIVE OFFICE 1E00 PACIFIC HIGHWAY, SAN DIEGO, CALIFORNIA 92101-2472 John Goss City Manager City of Chula Vista P.O. Box 1087 Chula Vist CA 92012 Dear ~ `doss Recently you received a copy of the correspondence I mailed to Mayor Gregory R. Cox encouraging the City of Chula Vista to consider adoption of an ordinance requiring the posting of Alcohol Related Birth Defects (ARBD) education signs at all licensed alcoholic beverage outlets within your City limits, In that letter I indicated that the County .Department of Health Services, Division of • Alcohol Services is available to provide assistance on the development and implementation of local ordinances and will provide all necessary signs at no charge if the city adopts an ordinance similar to the County ordinance. For your information, and to respond to questions regarding the fiscal impact of passage of such an ordinance, I am providing more detail regarding the type of support the County is offering. If Chula Vista passes an ordinance similar to the County's, the County will, at your request, do the following: 1) Identify the alcoholic beverage outlets affected by your ordinance. 2) Notify the affected outlets of the passage of your ordinance and provide them with fact sheets and signs free of charge (see enclosed fact sheet and sign). 3) Resupply signs as needed. 4) Respond to questions from outlets regarding the ordinance. 5) Provide additional information or support as requested by your staff. c~nr rfnNaeL~ • P,9AY 2~ i~37 ~~ John Goss • May 18, 1987 Page 2 Verification of compliance with City ordinances will be accomplished through the regular County Department of Health Services inspection of food and bever- age outlets. If you would like the County to provide the support identified above, please inform Robert I. Reynolds, Deputy Director for Alcohol Services, 3851 Rosecrans, San Diego, CA 92110 and provide him with a copy of your adopted ordinance and the name and phone number of the City staff contact for notifica- tion as implementation occurs. Please call Mr. Reynolds at 236-2004 if you have further questions about the adoption or implementation of this ordinance. Sincerely, ~ G~ MAN W. HICKEY Chief Administrative Officer NWH:PT:ac • cc: J. William Cox, M.D. Ph.D., Director Department of Health Services Richard Ramirez, Assistant Chief Environmental Health Services ,a._'v ,.. Cs err ~;~:~!~F~~,:~~_ • .~,.: