Modesto Municipal Code Ch. 2 Beverage Companies

For the purpose of this chapter, the term "soft drinks" is hereby defined to mean all beverages (other than beverages made for immediate consumption on the premises where they are manufactured) made from potable water, sugar, syrup or flavoring materials with or without added fruit or fruit juices, and with or without added coloring, and whether carbonated or plain.

(Sec. 3, Ord. 419-N.S.)

It shall be unlawful for any person to have or to bring or receive or cause or permit to be brought or received into the City for sale, or to sell, exchange or deliver, or cause or permit to be sold, exchanged or delivered, or to be received for sale, exchange or delivery, or to have in possession for exchange or delivery, in said City, any soft drinks, as herein defined, or any malted beverages or cereal beverages, including near beer and root beer, except in accordance with the terms of this chapter.

(Sec. 1, Ord. 419-N.S.)

It shall be unlawful for any person to engage in the City, in the business of manufacturing or bottling, or to sell or to offer for sale or to bring into said City for the purpose of selling or offering for sale, any bottled water or soft drink, as herein defined, or any malted beverages or cereal beverages, including near beer and root beer, unless the owner, manager or person operating the plant at which said soft drinks, malted beverages, cereal beverages, near beer or root beer are manufactured or bottled has first obtained a license or permit therefor, as in this chapter provided.

(Sec. 2, Ord. 419-N.S.)

Permits may be obtained in the following manner: An application in writing shall be made to and filed with the Health Officer of the City; said application shall clearly state the name and address of the applicant or firm or corporation in whose behalf the application is made; it shall contain a description of the property, the street or number wherein or whereon the applicant is conducting his principal place of business and where the drinks or beverages specified herein are manufactured or prepared, and if said principal place has no street and number, then such description as will enable the same to be found. Said application shall also clearly state all facts necessary to assist said Health Officer in determining whether the person seeking the permit is competent properly to conduct the business, as well as any additional facts that may be necessary to assist said Health Officer in determining whether the plant and all equipment to be used is such as to comply with the terms of this chapter. Attached to said application shall be a copy of the trademark, brand or other designation, not used by any other person, which trademark, brand or designation shall appear on each bottle or other package in the identical manner as the same is filed with the said Health Officer.

It shall be unlawful for any person to use or offer for sale or have in its possession for the purpose of selling or offering for sale any soft drink, malted or cereal beverages, including near beer and root beer, which does not present a designation filed or registered, as aforesaid, and it shall be unlawful for any person to use a designation other than the one specified in the application for a permit.

After due investigation, either by himself or the Sanitary Inspector of the City, said Health Officer shall, if he finds that the application and the premises comply with the requirements of this chapter, approve the same and transmit it to the Director of Finance with his approval endorsed thereon, and the Director of Finance shall thereupon issue to said applicant a license or permit upon the payment of the license fees hereinafter specified. If the said Health Officer finds from such investigation that the application does not comply with this chapter, or that the premises at which soft drinks and other beverages as herein defined are to be manufactured, are not in accord with the provisions of this chapter, he shall return the same to the applicant with his disapproval endorsed thereon.

(Sec. 4, Ord. 419-N.S.)

The fee for the license herein provided for shall be the sum of Fifty and no/100ths ($50.00) Dollars per annum, payable quarterly in advance; the quarter commencing on the first days of January, April, July and October of each year. Fractions of a quarter shall be deemed to constitute an entire quarter for the purpose of this chapter.

(Sec. 5, Ord. 419-N.S.)

The Council shall have the right to revoke or cancel a license issued pursuant to this chapter in event of any violation by any licensee of any of the terms hereof; provided, however, that no permit or license shall be cancelled unless and until a hearing is had thereon by the Council after notice shall have been given to the licensee. Such notice shall be served upon the licensee either by person or by mail at least five (5) days before the time set for hearing and shall specify in what respect it is claimed that the licensee has violated this chapter. No permit or license issued pursuant to this chapter shall be transferable.

(Sec. 6, Ord. 419-N.S.)

The licensee shall comply with the following regulations and requirements in the manufacture of soft drinks and other beverages herein specified:

All materials used in the manufacture thereof shall be stored, handled, transported and kept in such a manner as to protect the same from spoilage, contamination or unwholesomeness. No material of any kind, including water, shall be used in the manufacture or bottling of any such beverage which is decomposed or contaminated or impure or which may render the product unwholesome, unfit for food or drink, or injurious to health. Concrete or other similar construction of floors shall be maintained in the bottling room, suitably drained to keep the same in a sanitary condition. All syrups, cereals, malts and other materials shall be handled in a room separate from the bottling room, which said room shall be thoroughly clean and screened. All finished syrups, malts and cereal products used in the manufacture of such beverages shall be handled only in glass enameled tanks or glazed crockery, and proper connections of block tinned pipe or pure rubber hose must be provided to feed the filling machines. Such methods must be used for the washing of bottles and other materials as to insure the proper cleaning and sterilization of the same. No person must be permitted to handle any of the materials entering into the manufacture of such beverages or production thereof who is infected with a contagious or infectious disease.

(Sec. 7, Ord. 419-N.S.)