A. Findings and purpose. Recent research indicates 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 be informed that consumption of alcohol during pregnancy may be harmful to a fetus and result in birth defects.
B. Duty to post. On and after March 1, 1988, every owner, operator, manager, or person having control of premises offering for sale or dispensing for consideration to the public, alcoholic beverages, including beer and wine, shall clearly and conspicuously post or cause to be posted on the premises a sign meeting the requirements of Subsection C. of this Section.
C. Sign. Each sign required to be displayed pursuant to this Section shall contain a warning in letters not less than one-inch tall reading substantially as follows:
“PREGNANCY AND ALCOHOL DO NOT MIX. DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS.”
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 on the premises, at least one sign shall be so placed as to assure 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 (1) sign shall be placed to assure 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 (1) 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.
E. Violations. Any person who violates this Section shall be guilty of an infraction and subject to a fine not exceeding Fifty Dollars ($50.00) for a first violation; a fine not exceeding One Hundred Dollars ($100.00) for a second violation within one (1) year; and a fine not exceeding Two Hundred Dollars ($200.00) for a third violation within one (1) year; except when a person has been convicted of three (3) or more violations within the twelve (12) months immediately preceding the violation, it shall be punishable as a misdemeanor pursuant to § 1.01.040 of this Code. For purposes of this subsection, each prior violation which is either admitted by the defendant, alleged in an accusatory pleading, or where defendant forfeited bail, shall be deemed a conviction of the offense charged.
('65 Code, § 23-55) (Ord. No. 87-034 § 1)