SR-702-001-01
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CA:~M:rmd420b/hpca
City Council Meeting 3-10-87 Santa Monica, California
STAFF REPORT
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MAR 1 0 1987
TO:
Mayor and City council
FROM:
city Attorney
SUBJECT:
Ordinance Adding Section 4813 to the Santa
Monica Municipal Code Requiring the Posting
of Signs Regarding the Dangers of Consuming
Alcoholic Beverages During Pregnancy
At its meeting on January 13, 1987, the city council
directed the city Attorney to prepare an ordinance requiring that
signs be posted in bars, restaurants, liquor stores, and other
outlets where alcoholic beverages are consumed or purchased,
which inform the public of the dangers to pregnant women of
consuming alcoholic beverages.
In response to this direction,
the accompanying ordinance has been prepared and is presented to
the City Council for its consideration.
At its meeting on February 10, 1987, the city council
conducted a public hearing on the proposed ordinance.
At the
conclusion of the public hearing, the City council directed the
City Attorney to meet with the California Restaurant Association
and give consideration to the comments its representative made.
BACKGROUND
On the national level, there has been increasing concern
over the effect of alcohol on the fetus.
In 1981, the Surgeon
General of the united States advised pregnant women not to drink
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MAR 1 0 1987
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alcohol. In 1982~he American Medical Ass~ation recommended
that pregnant women abstain from alcohol use during the full term
of their pregnancy. In 1983, a congressional resolution
supported the abstinence from alcohol consumption by pregnant
women. Finally, in 1986, the United states congress declared the
week of January 12, 1986 to be "National Fetal Alcohol Awareness
Week."
On the state and local government level, various
governmental bodies have passed legislation requiring the posting
of signs in various locations (i.e., bars, state liquor stores,
restaurants, and other liquor sales outlets) warning about the
ill effects of drinking alcohol on pregnant women. cities that
have passed such legislation include Los Angeles, California:
Philadelphia, Pennsylvania; Washington, D.C.; Columbus and
Lakewood, Ohio; New York, New York: Jacksonville and Leesburg,
Florida; Oachita Parish, Louisiana. Several states have also
passed legislation regarding the posting of such signs, including
Georgia and South Dakota. In Maine, although an attempt to pass
legislation failed, the Governor issued an Executive Order
requiring poster warnings in state liquor stores.
Appendix A contains background information on Alcohol
Warning Signs.
SUMMARY OF LOCAL ORDINANCES
Philadelphia, Pennsylvania. This law, adopted in November,
1985, requires retail alcoholic beverage vendors to post warning
signs on the dangers of consuming alcohol during pregnancy. It
imposes duties on the Department of Public Health to prepare the
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signs and to make 41Pem available to vendors a~o charge, as well
as to conduct inspections of vendor premises. The Board of
Health is charged with the responsibility to promulgate
regulations with respect to the sign posting requirements. The
ordinance provides for penal ties, including a fine of between
$25-$150 for a first offense, a fine of $50-$300 for second and
subsequent offenses, and/or a term of imprisonment not to exceed
90 days. Each day on which a sign is not posted is considered a
separate violation of this ordinance.
Washinqton, D.C. This ordinance, adopted on December 24,
1983, requires retail vendors of alcoholic beverages to post
warning signs regarding the dangers of consuming alcoholic
beverages during pregnancy. The Board of Health is charged with
preparing the signs at no charge to the vendors and issuing rules
and regulations regarding same. The penalty for violation of
this ordinance is a civil fine not to exceed $100. Again, for
each day a sign is not posted where required a separate violation
of this ordinance has occurred.
New York City, New York. This ordinance, adopted December
8, 1983, requires vendors of alcoholic beverages to post signs
warning that the consumption of alcohol during pregnancy is
dangerous. The Department of Health is required to make signs
and promulgate regulations regarding same. The Department is
allowed to charge for the printing, postage, and handling
expenses associated with the making and distribution of the
signs. A civil fine of $0 to $100 is assessed for each
violation.
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Columbus,
010
This ordinance,
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enacted June 19,
1985,
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requires retail sellers of alcohol to post signs warning against
the consumption of alcoholic beverages during pregnancy. The
Health Department is required to make the signs and promulgate
regulations regarding same, and is allowed to charge for the
signs. No penalty section is attached to this ordinance.
ci ty of Los Anqeles.
This ordinance , effective July 19,
1986,
requires the posting of signs warning pregnant women of
the ill effects of drinking alcoholic beverages while pregnant.
The Los Angeles ordinance has already been challenged in
court by the California Restaurant Association. The Association
filed suit challenging the constitutionality of the Los Angeles
ordinance and requested that a writ of mandate issue. In
California Restaurant Association v. city of Los Angeles, et al.,
Case No. C 616012, the trial court found in favor of the
ordinance and the City of Los Angeles.
The Association had
claimed that the city was usurping the power of the state to
regulate the sale of alcohol and that only the state could in
fact regulate same. The City of Los Angeles claimed that it was
not regulating the sale of alcohol at all and was merely
requir ing the posting of warning signs in furtherance of the
public safety and welfare.
The trial court upheld the
constitutionality of the ordinance, and an appeal has been filed
by the California Restaurant Association.
The results of the
appeal are not yet known.
It is believed by this office,
however, that the results of the appeal will be favorable to the
City of Los Angeles and its ordinance.
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A copy of the city of Los Angeles Ord1nance is contained in
Appendix B.
SUMMARY OF PROPOSED ORDINANCE
The proposed ordinance adds section 4813 to the Santa
Monica Municipal Code. The ordinance has been modelled after the
ordinance adopted by the city of Los Angeles. Violations of the
ordinance shall be punishable as an infraction ~ however, if a
person violates the ordinance after having received written
notice of violation from the City, the violation shall be a
misdemeanor.
On February 17, 1987, the Assistant City Attorney met with
Gerry Breitburt of the California Restaurant Association.
Following this meeting, he provided the city Attorney's office
with certain written materials from the County of San Diego. (A
copy of the County of San Diego'S ordinance and various
background materials is contained in Appendix c.)
The following changes have been made to the proposed
ordinance:
1. The contents of the sign will include both an
information telephone number and a graphic depicting the message
of the sign.
2. In order to ensure uniformity in the signs, the
ordinance requires that signs be obtained fram the City. It is
anticipated that the signs will have self-adhesive backing so
they can be applied to a variety of surfaces.
3. In addition to the locations specified in the earlier
ordinance, signs must be posted so that they are readable in
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public
restrooms.f
establishments
servi' alcohol
on the
premises.
4. The ordinance has been changed to delete the
requirement that other languages be used if a substantial number
of patrons use languages other than English. Instead, all signs
will be in English and in Spanish.
5. The compliance date has been changed from May 1, 1987,
to July 1, 1987.
RECOMMENDATION
It is respectfully recommended that the accompanying
ordinance be introduced for first reading.
PREPARED BY: Robert M. Myers, City Attorney
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CA:RMM:rmd419a/hpca
city Council Meeting 3-10-87
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Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING SECTION 4813
TO THE SANTA MONICA MUNICIPAL CODE RELATING
TO THE POSTING OF SIGNS REGARDING THE DANGERS
OF CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.
Section 4813 is added to the Santa Monica
Municipal Code to read as follows:
SECTION 4813.
Signs warning of
Dangers of Consuming AlCOholic Beverages
During pregnancy.
(a) Findinqs and Purpose. Recent
research
indicates
that
alcohol
consumption during pregnancy may cause
irreversible
adverse
effects
on the
development of a fetus, resulting in birth
defects,
including mental retardation,
facial abnormalities, and other defects
involving heart and bone structure. These
adverse effects are known individually as
Fetal Alcohol Effects and collectively as
Fetal Alcohol Syndrome. The public should
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be inf!.ed that consumption of !COhOl
during pregnancy may be harmful to a fetus
and result in birth defects.
(b) Duty to Post. On and after
July 1, 1987, any person who owns,
operates, manages, leases, or rents a
premises offering for sale or dispensing
for consideration to the public, alcoholic
beverages, including beer and wine, shall
cause to be continually displayed on the
premises a sign meeting the requirements
of subdivision (c) of this section in the
places set forth in subdivision (d) of
this section.
(c) Sign. Each sign required to be
displayed pursuant to this section shall
be obtained from the City License
Division. The City License Division shall
charge for each sign a fee equal to the
City I s cost of printing the sign. The
signs printed by the City shall contain:
(1) A warning in English and
in Spanish reading substantially as
follows: PREGNANCY AND ALCOHOL DO NOT
MIX. DRINKING WINE, BEER, AND OTHER
ALCOHOLIC BEVERAGES DURING PREGNANCY CAN
CAUSE BIRTH DEFECTS.
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(2)
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A telephone number to
call for further information.
(3) A graphic depicting the
contents of the sign.
(d) Placement. A sign required by
this Section shall be placed as follows:
(1) Where the sale or
dispensing
of
alcoholic
beverages,
including beer and wine, 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 readable
from all locations at which said sale or
dispensing occur.
(2) Where the sale or
dispensing
of
alcoholic
beverages,
including beer and wine, to the public is
primarily
provided
through
over-the-counter service, at least one
sign shall be placed to assure that it is
readable
from
all
counter
locations
available to the public. In addition, at
least one sign shall be placed to assure
that it is readable in each public
restroom.
(3) Where the sale or
dispensing
of
alcoholic
beverages,
including beer and wine, to the public is
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pr1mar11y prov1ded for consumptlon on the
premises by the public 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; provided, however, that notices
may be placed or displayed at each of the
tables in a manner which will assure that
the notices are as readily visible and
readable as materials provided to the
public which list food and beverage
prices.
In addi tion to other sign
locations, at least one sign shall be
placed to assure that it is readable in
each public restroom.
(e) violations. violations of this
section shall be punished as follows:
(1) Any person who violates
this section shall be guilty of an
infraction subject to a fine of not less
than $50.00 and not more than $150.00.
(2) Any person who violates
this section after having received written
notice from the city to comply with this
section shall be guilty of a misdemeanor.
SECTION 2.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
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this' Ordinance,
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to the extent of
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such inconsistencies and no
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further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 3.
If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance.
The city council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the city Clerk shall
attest to the passage of this Ordinance.
The city Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS \J
City Attorney
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