Ord 248ORDINANCE NO. 248
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 8.11 TO THE POWAY MUNICIPAL CODE
REQUIRING THE POSTING OF SIGNS WHERE ALCOHOLIC BEVERAGES
ARE SOLD TO WARN OF THE POTENTIAL EFFECT OF ALCOHOL
CONSUMPTION DURING PREGNANCY
WHEREAS, The City Council of the City of Poway ordains as follows:
SECTION 1. Chapter 8.11 is added to the Poway Municipal Code to read as
follows:
CHAPTER 8.11
ALCOHOLIC BEVERAGE WARNING SIGNS
8.11.010 PURPOSE. The purpose of this chapter is to educate the public
through the use of warning signs to be placed at all locations where alcoholic
beverages are sold to the public, advising the public of the potential dangers
of alcohol consumption during pregnancy.
8.11.020 DUTY TO POST SIGNS OR NOTICES. Any person or entity who owns,
operates, manages, leases or rents premises offering wine, beer, or other alco-
holic 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 - PROTECT YOUR BABY. DO NOT DRINK WINE, BEER, OR OTHER
ALCOHOLIC BEVERAGES DURING PREGNANCY. Except as specified in Section 8.11.030,
or in rules and regulations adopted by the Department of Health Services, the
sign or notice required 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.
8.11.030. PLACEMENT. A sign or notice required by Section 8.11.020 shall
be placed as follows:
a)
Where the sale of 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.
8.11.040. LANGUAGE. In the event a substantial number of the public patro-
nizing a premises offering for sale of dispensing wine, beer, or other alcoholic
beverages uses a language other than English as a primary language, an addi-
tional sign or notice conforming to the requirement of Section 8.11.020 and
Section 8.11.030 above shall be worded in the primary language or languages
involved.
Ordinance No. 248
Page 2
8.11.050. DEPARTMENT OF HEALTH SERVICES REPRESENTATIVES.
a)
The Deputy Director of Environmental Health Services shall be respon-
sible for the enforcement of compllance with this chapter. The County
Department of Health Servlces shall have the authorlty to adopt reaso-
nable 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 entitles
may, however, at thelr own expense, prepare and post signs meeting the
requirements of this chapter, tn no event shall the prescribed
language of the warning sign be altered.
SECTION 2. This ordinance shall be operative on April 1, 1988.
SECTION 3. This ordinance shall take effect and be in force thirty (30)
days after the date of 1ts passage, and before the expiration of flfteen (15)
days after its passage it shall be published once with the names of the members
voting for and against the same In the Poway News Chleftain, a newspaper of
general circulation publlshed In the Clty of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 19th day of January, 1988, and thereafter PASSED AND
ADOPTED at a regular meetlng of sald City Council held the 2nd day of
February , 1988, by the following roll call vote:
AYES: COUNCILMEMBERS: Brannon, Higginson, Kruse, Tarzy, Emery
NOES: COUNCILMEMBERS: None
ABSENT:
COUNCILNENBERS:
None
Marjori~ K~. Wahlsten, City Clerk
O/Birthl-2/CP34