[HISTORY: Adopted by the Common Council of the City of St.
Francis 10-7-2014 by Ord. No. 1370.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Intoxicating liquor and fermented malt beverages — See Ch. 273.
Licenses and permits — See Ch. 288.
[1]
Editor's Note: This ordinance also repealed former Ch.
315, Nonintoxicating Beverages and Soda Water, adopted 4-12-2014 by
Ord. No. 1362.
A.
License required. Pursuant to § 66.0433(1), Wis. Stats.,
no person in the City of St. Francis shall manufacture, distribute
or sell at wholesale or retail, or sell for consumption on the premises
any beverage containing less than 0.5% of alcohol by volume without
having first having obtained a license therefor pursuant to this chapter.
B.
Classes of licenses and fees. There shall be the following classes
of nonintoxicating beverage licenses, which shall expire on the next
June 30, after issuance. A license may be issued by the City Clerk
for a specific premises within the City of St. Francis in accordance
with the provisions of this chapter, after payment of the fee as established
by the Common Council from time to time.
(1)
Class 1 license. A Class 1 license shall entitle the licensee to
sell nonintoxicating beverages at wholesale or retail in original
packaging for consumption on the premises where sold. Such applicant
and holder shall not be required to obtain a food license from the
City for the sale of such beverages.
(2)
Class 2 license. A Class 2 license shall entitle the licensee to
sell nonintoxicating beverages at retail without original packaging
for consumption on the premises where sold. The applicant and holder
of such license shall be required to procure a state food handler's
license.
(3)
Class 3 license. A Class 3 license shall entitle the licensee to
manufacture and/or sell nonintoxicating beverages at wholesale. The
applicant and holder of a Class 3 license shall be required to procure
a state food handler's license.
C.
Qualifications for nonintoxicating beverage licenses. Licenses shall
be granted only to persons of good moral character who are at least
18 years of age, who are citizens of the United States and of this
state, and who have resided continually in the City of St. Francis
for at least 90 days prior to the date for the filing of the application
for such license. Subject to §§ 111.321, 111.322 and
111.335, Wis. Stats., no such license shall be issued to any person
who has been convicted of a felony unless the person has been restored
to civil rights, nor to any person convicted of violating any of the
provisions of this chapter within the period of one year from the
date of conviction, except that licenses may be issued to a domestic
corporation or limited liability company subject to its designated
agent satisfying the provisions of this chapter.
A.
Statutory provisions adopted. The provisions of § 97.34,
Wis. Stats., shall apply so far as applicable to the sale of soda
water within the City of St. Francis, however no license shall be
required under § 66.0433(2), Wis. Stats., for the sale of
soda water.
B.
Inspections. The Sealer of Weights and Measures is not required to
seal bottles for soda water beverages, but he or she shall from time
to time make tests on individual bottles used by the various firms
in the territory over which the Sealer of Weights and Measures has
jurisdiction in order to ascertain whether such bottles contain accurate
weight and measure as marked thereon, and he or she shall report violations
immediately to the Common Council.
In addition to the suspension or revocation of a license issued under this chapter, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by § 1-4 of this Code.
