4-261

4-261. Warning signs; consumption of spirituous
liquor during pregnancy; composition of signs; rules; inspection of
premises; penalty

A. An off-sale retailer or an on-sale retailer shall post one or more signs on the
premises where spirituous liquor is sold that clearly warn pregnant women of the dangers
of consuming spirituous liquor during pregnancy. A sign shall be conspicuously placed in
the retail establishment in a position that assures it is likely to be read.

B. The sign required by this section shall contain the following language:

"Warning

Drinking alcoholic beverages, including

distilled spirits, beer, coolers and wine,

during pregnancy can cause birth defects."

C. The department of liquor licenses and control shall prepare the signs required
by this section and make them available at no cost to off-sale retailers and on-sale
retailers.

D. The signs required by this section shall be composed of block, capital letters
printed in black on white laminated paper at a minimum weight of one hundred ten pound
index. The lettering shall consume a space at least six inches by nine inches. The
letters comprising the word "warning" shall be at least three-fourths of a vertical inch
and all other letters shall be at least one-half of a vertical inch.

E. An on-sale retailer shall post the sign required by this section either within
twenty feet of each register where sales of spirituous liquor are made or behind the bar
from which spirituous liquor is served.

F. A hotel-motel licensee shall do one of the following:

1. Post at least one sign that is required by this section and that is supplied by
this state on the inside of the front door of each guest room that contains a mini-bar or
in each guest room where spirituous liquor is available through room service.

2. Display the warning language as set forth in subsection B in a space measuring
at least one inch by two inches on a room service bar menu, mini-bar cost list, placard,
folder, advertisement tent or similar item that is placed in a conspicuous place in each
guest room that assures it is likely to be read.

G. A retail licensee that uses a mobile service device for the sale of spirituous
liquor shall display the sign required by this section on such mobile service device.

H. Each off-sale licensee shall conspicuously post the sign required by this
section where a customer obtains the spirituous liquor.

I. The department shall adopt rules pertaining to the posting of the signs required
by this section.

J. Upon a determination that a licensee is in violation of the provisions of this
section, the director shall notify the licensee of the violation. If, after thirty days,
the licensee has not corrected the violation, the licensee is subject to a penalty not to
exceed five hundred dollars.