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File #: 150578    Version: 0
Type: Ordinance Status: Passed
File created: 9/1/2015 In control: COMMON COUNCIL
On agenda: Final action: 9/22/2015
Effective date: 10/9/2015    
Title: An ordinance relating to the granting and issuance of “Class A” alcohol beverage licenses to applicants selling only cider.
Sponsors: THE CHAIR
Indexes: ALCOHOL - REGULATION AND LICENSING, LICENSES
Attachments: 1. Notice Published on 10-8-15

Number

150578

Version

ORIGINAL

Reference

 

Sponsor

THE CHAIR

Title

An ordinance relating to the granting and issuance of “Class A” alcohol beverage licenses to applicants selling only cider.

Sections

81-21.5                     cr

90-1-4.5                     cr

90-5.5                                          cr

Analysis

This ordinance provides that the common council shall grant, and the city clerk shall issue, a “Class A” license for the retail sale of cider (0.5% to 7.0% alcohol) if the following apply:

 

a.  The application is made for a “Class A” license containing the condition that retail sales of intoxicating liquor are limited to cider.

 

b.  The applicant holds a Class “A” fermented malt beverage retailer license issued for the same premises for which the “Class A” license application is made.

 

There shall be no fee for a “Class A” cider-only license.  However, the applicant shall pay all publication fees.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1.  Section 81-21.5 of the code is created to read:

 

81-21.5.  “Class A” Cider License.  1.  There shall be no fee for a “Class A” cider license.  However, the applicant shall pay all publication fees associated with the license.

 

2.  A “Class A” cider license shall be valid for the same period as the Class “A” fermented malt beverage retailer license issued for the same premises.

(See s. 90-5.5.)

 

Part 2.  Section 90-1-4.5 of the code is created to read:

 

90-1.  Definitions.

 

4.5.  CIDER shall mean any alcohol beverage that is obtained from the fermentation of the juice of apples or pears and that contains not less than 0.5% alcohol by volume and not more than 7.0% alcohol by volume.  “Cider” includes flavored, sparkling and carbonated cider. 

 

Part 3.  Section 90-5.5 of the code is created to read:

 

90-5.5.  License for Cider Sales Only.  1.  GRANTING AND ISSUANCE.  Notwithstanding s. 90-14, upon application, the common council shall grant, and the city clerk shall issue, a “Class A” license to the applicant if the following apply:

 

a.  The application is made for a “Class A” license containing the condition that retail sales of intoxicating liquor are limited to cider.

 

b.  The applicant holds a Class “A” fermented malt beverage retailer license issued for the same premises for which the “Class A” license application is made.

 

2.  SALES LIMITED TO CIDER.  Notwithstanding s. 125.51(2)(a), Wis. Stats., and s. 90-3-5 of this code, a person issued a “Class A” license under sub. 1 may not make retail sales, or provide taste samples, of any intoxicating liquor other than cider.

LRB

APPROVED AS TO FORM

 

 

__________________________

Legislative Reference Bureau

Date:______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

__________________________

Office of the City Attorney

Date:______________________

Requestor

City Clerk

Drafter

LRB159661-1

Jeff Osterman

08/10/2015