§ 6-404.  Dangers of Consuming Alcoholic Beverages During Pregnancy; Warning Signs. 72
   (1)   Definitions.
      (a)   Alcoholic Beverages. Any alcohol, spirits, liquor, wine and malt or brewed beverages including beer, lager beer, ale, porter or similar fermented malt beverages. The term shall not include:
         (.1)   products which are nonbeverage in nature wherein liquor is used and changed into other chemical substances and does not appear in the finished product as liquor;
         (.2)   products sold for medicinal purposes only by licensed, registered pharmacists upon the signed written prescription of a duly licensed physician, dentist or veterinarian; or
         (.3)   products sold for sacramental or religious purposes only by holders of a Sacramental Wine License issued pursuant to Section 409 of the Act of April 12, 1951 (P.L. 90), known as the Liquor Code.
      (b)   Vendor of Alcoholic Beverages. Any person, partnership, firm, joint-stock company, business trust, association, corporation or other form of business enterprise who owns or operates a business establishment such as a bar, tavern, hotel, restaurant, club or beer distributorship which sells at retail any alcoholic beverages for consumption either on or off the premises. The term shall not include:
         (.1)   the Pennsylvania Liquor Control Board, its agents and employees who manage or operate Pennsylvania Liquor Stores under the provisions of the Liquor Code.
   (2)   Duties of Vendors of Alcoholic Beverages.
      (a)   All vendors of alcoholic beverages shall have posted in a conspicuous place on the premises where alcoholic beverages are sold a sign which clearly warns pregnant women and nursing mothers of the dangers of consuming alcoholic beverages during pregnancy.
      (b)   The sign required by this subsection shall read as follows:
A HEALTHY BABY BEGINS WITH YOU:
PREGNANCY AND ALCOHOL DO NOT MIX
Drinking beer, wine or liquor while you are pregnant or a nursing mother can be harmful to your baby.
FOR MORE INFORMATION, CALL
   (3)   Duties of Department and Board.
      (a)   The Department shall prepare said warning signs and make them available at no charge to vendors of alcoholic beverages.
      (b)   The Board shall promulgate any necessary regulations with respect to the posting of said warning signs.
      (c)   The Department shall conduct inspections of premises subject to the requirements of this Section in accordance with Section 6-501 of this Title. Whenever the Department discovers that a vendor of alcoholic beverages is not in compliance with this Section, it shall make an order requiring such compliance as provided in Section 6-502 of this Title.
      (d)   The Department shall take all reasonable steps necessary to procure the consent of the Pennsylvania Liquor Control Board to the posting of said warning signs in State Liquor Stores located in the City of Philadelphia. Upon obtaining the Liquor Board's consent, the Department shall make the necessary arrangements for the posting of the signs in said Liquor Stores.
   (4)   Penalties.
      (a)   Any vendor of alcoholic beverages who violates the provisions of this Section shall be subject to the penalties imposed by subsection 6-103(1) of this Title.

 

Notes

72
   Added, 1984 Ordinances, p. 790.