Ordinance No. 830r 4
O1 DINANCE NO. 830
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS, CALIFORNIA, AMENDING
CHAPTER 15 OF THE CODE OF THE CITY OF
CYPRESS BY THE ADDITION OF ARTICLE IV,
"ALCOHOLIC BEVERAGE WARNING SIGNS"
THERETO
THE CITY COUNCIL OF THE CITY OF CYPRESS, DOES
ORDAIN AS FOLLOWS:
SECTION 1.1. Chapter 15, "Licenses and Permits," of the
Code of the City of Cypress is hereby amended by addition of
Article IV, "Alcoholic Beverages Warning Signs," Sections
15 -90 to 15 -96, to read as follows:
"ARTICLE IV.
ALCOHOLIC BEVERAGES WARNING SIGNS.
SECTIONS,:
15 -90 Legislative Purpose.
15 -91 Definitions.
15 -92 Duty to Post Signs.
15 -93 Language.
15 -94 Enforcement.
15 -95 Penalties.
15 -96 Sign Availability.
Sec. 15-90. Legislative Purpose. The Surgeon
General of the United States has recommended that women who
are pregnant, or considering pregnancy, be advised not to
drink alcoholic beverages, and be aware of the alcoholic
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 this Article is to educate the
public by requiring that warning signs be placed at all
locations where alcoholic beverages are sold to the public
within the City. Pursuant to the recently enacted
provisions of Proposition 65, codified at California Health
and Safety Code Section 25249.6, requires that any person in
the course of doing business must provide a clear and
reasonable warning prior to exposing any person to a
chemical listed by the State of California, pursuant to
Health and Safety Code Section 25249.8. Alcohol is one of
those substances deemed to be applicable to the above -
referenced provisions.
Sec. 15 -91. Definitions. The following terms used
in this Article shall have the meanings indicated below:
(a) 'Alcoholic Beverages' shall include without
limitation, beer, malt liquors, wine, and distilled
spirits.
(b) 'Health Department' shall mean the Orange
County Health Care Agency, or other agency designated by
the City Council.
(c) 'Health Officer' shall mean the Health Officer
for the City of Cypress, his /her Deputy, or other such
person as designated by the City Council.
Sec. 15 -92. Duty to Post Signs. Any person or
entity who owns, operates, manages, leases, or rents a
premises offering wine, beer, distilled spirits, malt
liquors, or other alcoholic beverages for sale, or who
dispenses such beverages for consideration to the public,
shall cause signs to be posted in compliance with the
following:
(a) For alcoholic beverages intended for
consumption off the premises where sold or distributed
at least one notice or sign shall be placed in the
retail establishment so as to assure that it is readable
and likely to be read either in the retail point of sale
or each point of display. Signs or notices placed at
the point of display shall be placed no more than ten
(10) feet from any display of any alcoholic beverage
container in a manner associating the sign or notice
with the display.
(b) For alcoholic beverages provided for
consumption on the premises at tables served by food or
beverage persons, at least one notice or sign shall be
placed so as to assure that it is readable and likely to
be read by the public being served on the premises, or a
notice or sign shall be conspicuously displayed at each
of the tables.
(c) For alcohol sold or distributed through over -
the- counter service at least one notice or sign shall be
placed in the retail establishment so that it is likely
to be read from all counter locations available to the
public.
(d) Any sign required to be posted or displayed
pursuant to this Section shall bear the following
warning message:
'WARNING: Drinking Distilled Spirits,
Beer, Coolers, Wine, and Other Alcoholic
Beverages May Increase Cancer Risk and
During Pregnancy, Can Cause Birth
Defects.'
Sec. 15 -93. Language. In the event that twenty -
five (25) percent or more of the public patronizing a
premises offering for sale or dispensing, for consideration,
wine, beer, or other alcoholic beverages uses a language
other than English as a primary language, any sign or notice
required under Section 15 -92 of this Code shall be worded in
both English and the primary language or languages involved.
-2-
Sec.15 -94. Enforcement. The Health Officer shall
be responsible for enforcing the provisions of this
Article. The Health Department shall have the authority to
adopt reasonable rules and regulations for the
implementation of this Article, including rules and
regulations for alternative signs and placement of required
signs.
Sec. 15 -95. Penalties. Any person or persons who
shall violate the provisions of this Article shall be guilty
of an infraction and subject to punishment in accordance
with Section 1 -7 of this Code. Each and every day during
any portion of which the provisions of this Article are
violated, shall constitute a separate offense and may be
punished accordingly.
Sec. 15 -96. Sian Availability. Warning signs may
be obtained, free from charge, from the Health Department.
Vendors of alcoholic beverages may also prepare and post
signs of their own making meeting the requirements of this
Article, at their expense. In no event shall the language
of the warning sign be altered from that specified in
subsection (d) of Section 15 -92."
SECTION II. If any section, subsection, subdivision,
sentence, clause, phrase, or portion of this Ordinance, is
for any reason held to be invalid or unconstitutional by 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 hereby
declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences,
clauses, phrases or portions thereof be declared invalid or
unconstitutional.
SECTION III. The City Clerk is hereby authorized and
directed to certify as to the passage of this Ordinance and
to give notice thereof by causing copies of this Ordinance
to be posted in three public places throughout the City.
FIRST READ at a regular meeting of the City Council
of said City held on the 9th day of October
1989 and finally adopted and order posted at an adjourned regular
meeting held on the 30th day of October
1989.
ATTEST:
'-Jfro
CITY OF C YPRESS
STATE OF CALIFORNIA ) SS
COUNTY OF ORANGE )
I, DARRELL ESSEX, City .Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at an adjourned
regular meeting of the said City Council held on the 30th day of
October 1989; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kanel, Kerry and Arnold
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CI CLERK F HE TY OF CYPRESS