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SR-702-001-01 (2) ~ ! · . ?OZ-()~/- t// . CA:RMM:rmd420/hpca city Council Meeting 2-10-87 Santa Monica, California STAFF REPORT Y-A fEB 1 0 19ft7 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 alcohol ic beverages. In response to this direction, the accompanying ordinance has been prepared and is presented to the city Council for its consideration. 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 alcohol. In 1982, the American Medical Association recommended that pregnant women abstain from alcohol use during the full term of their pregnancy. a Congressional resolution In 1983, supported the abstinence from alcohol consumption by pregnant women. Finally, in 1986, the united states Congress declared the - 1 - ~A FEB 1 0 1987 \. kf . I'. I wee 0 January 12, 1986 to be 'Nat1onal Fetal Alcoho 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 signs and to make them available to vendors at no 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 penalties, including a fine of between - 2 - " ; . . $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. Washinqtonr 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. Col urnbus r Ohio This ordinance, enacted June 19, 1985, 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. - 3 - ~ 'T City of LO~nqeles. . 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 Ci ty 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 requiring 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. A copy of the City of Los Angeles Ordinance 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 - 4 - ordinance shall '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. Normally, ordinances are effective within 30 days from their date of adoption. The proposed ordinance would give businesses until May 1, 1987, to comply. This ensures an ample opportunity for businesses to obtain and post the necessary signs. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be introduced for first reading. PREPARED BY: Robert M. Myers, city Attorney - 5 - I,. ~ . CA:RMM:rmd419/hpca city Council Meeting 2-10-87 . 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 - 1 - be inlmed that consumption . of alcohol during pregnancy may be harmful to a fetus and result in birth defects. (b) Duty to Post. On and after May 1, 1987, any person or entity 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 a sign or notice to be posted or displayed on the premises as provided in this Section. The sign or notice shall read substantially as follows: WARNING. DRINKING WINE, BEER, AND OTHER ALCOHOLIC BEVERAGES DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. (c) Readability. All signs or notices required by subsection (b) of this Section shall be no smaller than 8 inches wide and 8 inches long and any lettering thereon shall be no less than I inch in height. (d) Placement. A sign or notice required by subsection (b) of this Section shall be placed as follows: (1) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is - 2 - , , primar~y intended to consumPtio~ff 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. (3) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided for consumption 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. - 3 - , y ~e) Language. . In the event a substantial number of the public patronizing a premises offering for sale or dispensing for consideration alcoholic beverages, including beer and wine, uses a language other than English as a primary 1anguagel any sign or notice required by subsection (b) above shall be worded in both English and the primary language or languages involved. (f) Violation~. Violations of this section shall be punished as follows: (1) Any person who violates this Section shall be guilty of an infraction subj ect 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 this Ordinance, to the extent of such inconsistencies and no 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 - 4 - or unco~stitutio~ by a decision of any co!!t 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: ~~. '---0--- ROBERT M. MYERS City Attorney - 5 - . APPENDIX A . ~ (;> .. .