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[Alcohol Consumption Warnings]
It is the policy of the City and County of San Francisco to require every person who sells alcohol intended to be used as a beverage to post a conspicuous warning at the point of retail sale warning that drinking alcohol during pregnancy can cause birth defects.
(Added by Ord. 6-88, App. 1/7/88)
Recent research indicates that alcohol consumption during pregnancy can have severe and adverse effects on the fetus, resulting in birth defects including growth retardation, facial abnormalities and congenital heart disease. Such adverse effects are known individually as Fetal Alcohol Effects and collectively as Fetal Alcohol Syndrome. Fetal Alcohol Syndrome is the leading preventable birth defect in infants, affecting brain, limb and motor reflex development for developing fetuses. These are irreversible birth defects. Public awareness of Fetal Alcohol Effects and Fetal Alcohol Syndrome is dangerously low. It is the policy of the City and County of San Francisco that the public should be informed that consumption of alcohol during pregnancy may be harmful to a fetus and may result in birth defects.
Therefore, the Board of Supervisors declares that it is in the public interest to require every person who sells alcohol intended to be used as a beverage to post a conspicuous warning at the point of retail sale as to the possible danger in consuming alcohol during pregnancy.
(Added by Ord. 6-88, App. 1/7/88)
(a) Every person who sells, offers for sale, or keeps for sale, alcohol intended to be used as a beverage shall post at the point of retail sale a warning as provided in this Section.
(b) Such sign shall be not less than 10 inches by 10 inches in size and shall be conspicuously displayed so as to be readable; except that for persons who sell, offer for sale, or keep for sale, alcohol intended to be used as a beverage in "mini-bars," which are small refrigerators which do not exceed 2 feet in height by 2 feet in width, the required warning signs at the point of retail sale shall be not less than 3½ inches by 4½ inches in size and shall be readable. The signs required for "mini-bars" shall be attached and secured by adhesive material to the inside door of the "mini-bars." Lettering thereon shall be not less than inch in height and shall be printed on a contrasting background and in a legible manner, conveying the following warning:
"WARNING: DRINKING DISTILLED
SPIRITS, BEER, COOLERS, WINE AND
OTHER ALCOHOLIC BEVERAGES
DURING PREGNANCY CAN CAUSE
BIRTH DEFECTS"
SPIRITS, BEER, COOLERS, WINE AND
OTHER ALCOHOLIC BEVERAGES
DURING PREGNANCY CAN CAUSE
BIRTH DEFECTS"
(c) Where alcohol intended to be used as a beverage is sold, offered for sale or kept for sale to a substantial number of persons who use a language other than English as a primary language, an additional sign shall be worded in the primary language or languages involved and posted pursuant to Paragraph (b).
(Added by Ord. 6-88, App. 1/7/88; amended by Ord. 87-89, App. 3/29/89)
(a) The Director of Health shall enforce Section 265.2 against violations by serving notice requiring the correction of any violation within a reasonable time specified by the Director. Upon failure to comply with the notice within the time period specified, the Director shall call upon the City Attorney to maintain an action for injunction to enforce the provisions of Section 265.2, to cause the correction of any such violation, and for assessment and recovery of a civil penalty for such violation.
(b) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the execution of Section 265.2, shall be liable for a civil penalty not to exceed $500 for each day such violation is committed or permitted to continue.
(c) Any individual, firm, partnership, corporation, company, association, society, group or other person or legal entity that violates, disobeys, omits, neglects, or refuses to comply with the execution of any of the provisions of Section 265.2 shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding $500, or by imprisonment, not exceeding six months or by both such fine and imprisonment, and shall be deemed guilty of a separate offense for every day such violation, disobedience, omission, neglect or refusal shall continue.
(d) For a second or subsequent violation, any local retail business license of the business facility where the offense occurred may be revoked by the licensing agency until the violator complies with Section 265.2.
(Added by Ord. 6-88, App. 1/7/88)
[Disaster Notification Registry]
The Department of Public Health shall establish and maintain a register identifying those persons who wish to be visited after a major earthquake or other disaster which poses a threat of injury to such persons. The persons eligible to register are those 65 years of age or older, those who are disabled, and those who employ or house persons who are eligible to register. A "disabled person" is one whose life functions have been significantly altered by their medical condition or disease, or who has any other significantly disabling physical, or mental condition including, but not limited to, a physical condition that significantly impairs his or her ability to move normally, a chronic illness that requires continuing medication to prevent a life-threatening disease, or a condition (such as heart disease) that could result in a serious medical problem in a disaster. Persons who wish to be included in the register shall provide their name, address, telephone number and the names, addresses and telephone numbers of any relatives, neighbors, or other persons who regularly communicate with the person registered and may be able to provide information as to that person's condition in the event of a disaster. In the event of a major earthquake or other disaster which poses a threat of injury to senior and disabled persons, the Department shall attempt to visit or otherwise communicate with registered persons in order to determine if they need medical or other assistance. The Department shall act as expeditiously as possible, taking into consideration the need to allocate resources to respond to the disaster. The Department shall provide notice to the public that registration is available by such means as the Department determines best suited to reach seniors and the disabled.
By adopting this ordinance, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, not is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach approximately caused injury.
(Added by Ord. 259-90, App. 7/6/90)
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