SEC. 265.1. FINDINGS.

   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)

SEC. 265.2. ALCOHOL CONSUMPTION WARNINGS.

   (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"

   (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)

SEC. 265.3. PENALTIES AND ENFORCEMENT.

   (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]

SEC. 266. REGISTRY FOR SENIOR AND DISABLED PERSONS WHO WISH TO BE CONTACTED IN THE EVENT OF A DISASTER.

   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)

[Natural Membrane (Lambskin) Condom Warning]

SEC. 267. POLICY.

   It is the policy of the City and County of San Francisco to require every person who sells condoms made of natural membrane (lambskin) intended to be used for disease or pregnancy prevention to post a conspicuous warning at the point of retail sale, display for purchase, or dispensing of condoms that latex condoms labeled for disease prevention provide greater protection against AIDS, Hepatitis B and Herpes viruses than do natural (lambskin) condoms.

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.1. FINDINGS.

   Recent testing of natural membrane (lambskin) condoms revealed that this type of condom prevents the passage of sperm through the pores of the material, but some viruses and virus-sized particles pass through the barrier membrane. This research indicates that users cannot be assured that natural membrane condoms will be a barrier against all sexually transmitted diseases. Based on research conducted that studied the effectiveness of condoms made of latex and condoms made of natural membrane in preventing the transmission of sexually transmitted diseases, the Food and Drug Administration, of the Department of Health and Human Services, released an educational publication ("Condoms and Sexually Transmitted Disease," 1990) that states: "Tests have shown that latex condoms can prevent the passage of AIDS, hepatitis and herpes viruses but natural (lambskin) condoms may not do this."

   Therefore, in order to serve the public health, safety and welfare, the Board of Supervisors declares that the purpose of Sections 267 through 267.6 of this Article is to educate the public by requiring that warning signs be placed at all locations where condoms made of natural membrane (lambskin) are sold to the public.

(Added by Ord. 381-91, App. 10/28/91)

SEC. 267.2. DUTY TO POST.

   (a)   Every person or entity who owns, operates, manages, leases or rents a premises or vending machine offering condoms made of natural membrane (lambskin) for sale, or dispensing for consideration, to the public, shall cause a sign or notice to be posted at one of the following points: the point of sale, display for purchase, distribution, or dispensing. Such notice shall be in English, Spanish, Chinese and Tagalog as provided in this section:

   The sign or notice shall read:

"WARNING
LATEX CONDOMS LABELLED FOR
DISEASE PREVENTION PROVIDE
GREATER PROTECTION AGAINST
AIDS, HEPATITIS B AND HERPES
VIRUSES THAN DO NATURAL
(LAMBSKIN) CONDOMS.
FOR MORE INFORMATION
CALL 864-8100

AVISO
LOS CONDONES DE LATEX
CON ROTULOS DE PREVENCION
DE ENFERMEDADES OFRENCEN
UNA MAYOR PROTECCION CONTRA
LOS VIRUS DEL SIDA, HEPATITIS B
Y HERPES QUE LOS CONDONES
NATURALES DE PIEL DE
CORDERO.
PARA MAS INFORMACION
LLAME AL: 864-8100

BABALA
ANG CONDOM NA GAWA SA GOMA
AY NAKAPAGBIBIGAY NG HIGIT NA
PROTEKSYON LABAN SA AIDS VIRUS,
HEPATITIS B, AT HERPES KAYSA SA
CONDOM NA GAWA SA BALAT.
PARA SA HIGIT NA IMPORMASYON,
TUMAWAG SA 864-8100

   (b)   Such sign shall be not less than eight and one-half inches by 11 inches and shall be conspicuously displayed so as to be readable. The word "WARNING" shall not be less than one-half inch in height and shall be centered on a single line with no other text. The sentence "FOR MORE INFORMATION CALL 864-8100" shall be a separate paragraph centered immediately following the last sentence of the English warning and the same format shall be followed for the other languages.

   (c)   The required sign or notice shall be placed as follows:

      (1)   Where the sale, display for purchase, or dispensing of condoms made of natural membrane to the public occurs other than through the use of a vending machine, at least one sign shall be posted at one of the following points: point of retail sale, dispensing, or at the display for purchase, and shall be conspicuously displayed so as to be readable.

      (2)   Where the sale or dispensing of condoms made of natural membrane to the public occurs through the use of a vending machine, the sign or notice and the lettering thereon is not subject to the minimum width, height or length requirements of this Subsection (b) of this Section except at least one sign or notice shall be attached or affixed to the front of the vending machine to assure that it is readable by a person who is physically close enough to the vending machine to actually operate it.

   (d)   It is the intent of the Board of Supervisors in approving these provisions that the specified warning notices shall be provided by the Department of Public Health to facilitate compliance with the requirements.

(Added by Ord. 381-91, App. 10/28/91)