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HomeMy WebLinkAboutNS-1952 - Adding Article XI to Chapter 18 of the Santa Ana Municipal Code, Relating to the Posting of Signs Where Alcoholic Beverages are Sold Warning of the Effect of Alcohol on Pregnant WomenREL:mb(ll) 2/lV/88 --371 ORDINANCE NO. NS-1952 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE XI TO CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE, RELATING TO THE POSTING OF SIGNS WHERE ALCOHOLIC BEVERAGES ARE SOLD WARNING OF THE EFFECT OF ALCOHOL ON PREGNANT WOMEN THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Chapter 18 of the Santa Ana Municipal Code is hereby amended by adding an article, to be numbered XI, consisting of sections 18-551 through 18-554, which said article reads as follows: ARTICLE XI. ALCOHOLIC BEVERAGE WARNING SIGNS Sec. 18-551. Purpose. The Surgeon General of the United States has recom- mended that women who are pregnant, or considering pregnancy, be advised not to drink alcoholic beverages and to be aware of the alcohol 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 the ordinance codified in 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. Sec. 18-552. Duty to Post. Any person or entity who owns, operates, manages, leases or rents a premises offering wine, beer, or other alcoholic beverages for sale to the public, shall cause one or more signs to be posted or displayed on the premises as provided in this article. The signs shall read substantially as follows: WARNING. DRINKING WINE, BEER AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. Except as specified in Section 18-553(c), signs as required herein shall not be smaller than 10 inches wide by 10 inches long, nor shall any lettering thereon be less than 1 inch in height. Sec. 18-553. Placement. A sign or notice required by Section 18-552 shall be placed as follows: (a) Where the sale or dispensing of wine, beer or other alcoholic beverages, to the public is primarily -. 372 ORDINANCE NO. NS-1952 PAGE TWO intended for consumption off the premises, at least one sign shall be so placed as to assure that it is readable from all locations at which said sale or dispensing occurs. (b) Where the sale of wine, beer, or other alcoholic beverage to the public is primarily for consumption on the premises through over-the-counter service, one or more signs shall be placed to assure that at least one sign is readable from any counter location available to the public. (c) Where the sale of wine, beer, or other alcoholic beverages to the public is primarily for consumption on the premises at tables served by food or beverage service persons, at least one sign shall be placed to assure it is readable by the public entering the premises. In the alternative, signs smaller than 10 inches wide by 10 inches long may be displayed at each of the tables provided that the signs are as readily visible and readable as materials provided to the public which list food and beverage prices. Sec. 18-554. 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, any sign or notice required by this article shall be worded in both English and the primary language or languages involved. SECTION 2: If any section, subsection, sentence, clause, ~hrase or portion of this ordinance is for any reason held to be invalid or unconstitutional ~y the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 3: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision applicable to any violation thereof, nor to affect ORDINANCE NO. NS-1952 PAGE THREE the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ATTEST: ADOPTED this 4th day of APril , 1988. Mayor c. Guy f < Clerk of the Council COUNCILMEMBERS: Young Aye McGuigan Aye Acosta Griset Aye Hart Aye M ay A~e Pulido Aye APPROVED AS TO FORM: City Attorney