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For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGES. Distilled or rectified spirits, potable alcohol, powdered alcohol, frozen or freeze-dried alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half percent alcohol, but excluding medicinal bitters.
BREWER. Any person who owns or operates a business for the manufacture of beer.
CATERED FUNCTION. A function other than a public celebration which is catered by the business of any person holding a dispenser's license.
CITY. The city, a municipal corporation and a local option district as defined by the Liquor Control Act, and its representatives as authorized herein.
CLUB.
(1) Any nonprofit group, including an auxiliary or subsidiary group, organized and operated under the laws of this state, with a membership of not less than 50 members who pay membership dues at the rate of not less than $5 per year and who under the constitution and bylaws of the club, have all voting rights and full membership privileges, and which group is the owner, lessee or occupant of premises used exclusively for club purposes and which group the State Director finds:
(a) Is operated solely for recreation, social, patriotic, political, benevolent or athletic purposes; and
(b) the proposed licensee has been granted an exemption by the United States from the payment of the federal income tax as a club under the provisions of Section 501(a) of the Internal Revenue Code of 1954, as amended or, if the applicant has not operated a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the State Director a sworn letter of intent declaring that it will, in good faith, apply for such exemption as soon as it is eligible; or
(2) An airline passenger membership club operated by an air common carrier which maintains or operates a clubroom at an international airport terminal. For the purposes of this division (2), AIR COMMON CARRIER means a person engaged in regularly scheduled air transportation between fixed terminals under a certificate of public convenience and necessity issued by the Civil Aeronautics Board.
DISPENSER. Any person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in the person's possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages, including locally produced growlers, for consumption and not for resale off the licensed premises.
DISTILLER. Any person engaged in manufacturing spirituous liquors.
LICENSE. Any license regulated under this article and issued by the State Director pursuant to the New Mexico Liquor Control Act.
LIQUOR HEARING OFFICER. A hearing officer designated by the Director of the City Council Services Department to conduct hearings pursuant to this article and NMSA 1978, § 60-6B-4.
PERSON. Any individual, corporation, firm, partnership, copartnership, association or other legal entity, and includes both the singular and plural.
PRIVATE CELEBRATION. Any celebratory activity that is held in a private or public venue not open to the general public and for which attendance is subject to a private invitation.
PUBLIC CELEBRATION. Any state or county fair, community fiesta, cultural or artistic event, sporting competition of a seasonal nature or activities held on an intermittent basis that are open or advertised to the general public. For purposes of this definition, "intermittent basis” means only that an activity occurs at a particular location with at least 48 hours before the next separately permitted activity, and for no more than 12 hours within a single day, or that the activity has been approved by the State Director regardless of these limitations.
RESTAURANT. An establishment having a New Mexico resident as a proprietor or manager that is held out to the public as a place where food is prepared and served primarily for on-premises consumption to the general public in consideration of payment and that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving food; provided that RESTAURANT does not include establishments as defined in rules promulgated by the State Director serving only hamburgers, sandwiches, salads and other fast foods.
RETAILER. A person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in the person's possession with the intent to sell alcoholic beverages in unbroken packages, including growlers, for consumption and not for resale off the licensed premises.
SMALL BREWER. Any brewer licensed under the provisions of the Liquor Control Act as a small brewer.
STATE DIRECTOR. The Director of the Alcoholic Beverage Control Division of the New Mexico Regulation and Licensing Department.
TRANSFER. The changing of ownership or location of any license.
WHOLESALER. Any person whose place of business is located in the city and who sells, offers for
sale or possesses for the purpose of sale any alcoholic beverages for resale by the purchaser.
WINEGROWER. Any person who owns or operates a business for the manufacture of wine or cider.
('74 Code, § 10-8-2) (Ord. 50-1979; Am. Ord. 58-1979; Am. Ord. 89-1981; Am. Ord. 37-1993; Am. Ord. 31-2007; Am. Ord. 2014-007; Am. Ord. 2015-017; Am. Ord. 2023-010; Am. Ord. 2023-030)
(A) Notice to the city.
(1) At the time an applicant for the issuance or transfer of a license submits to the State Director a written application for the issuance or transfer of a license, the applicant shall notify the city of the application by providing written notice to the Liquor Hearing Officer through the staff of the City Council Services Department.
(2) The State Director will notify the Liquor Hearing Officer through the staff of the City Council Services Department of any preliminary approval of the issuance or transfer of the license prior to final approval.
(B) Process for review by the city. Once the Liquor Hearing Officer has received a notice of preliminary approval, or conditional preliminary approval (pending approval of a waiver), of the issuance or transfer of a license from the State Director the Liquor Hearing Officer may approve or disapprove the issuance or transfer of such license in accordance with the provisions of paragraphs (1) through (9), below:
(1) After receiving the preliminary approval from the State Director, the City Council staff shall within five days submit the notice of preliminary approval to the Liquor Hearing Officer. The Liquor Hearing Officer shall conduct a public hearing within 45 days from the date of the mailing of the notice of preliminary approval by the State Director. The Liquor Hearing Officer may promulgate rules of procedure for the hearings. These rules shall conform with accepted administrative hearing procedures. The Liquor Hearing Officer shall conduct this hearing and accept documentary and testimonial evidence in accordance with such rules of procedure.
(2) The City Council staff shall provide notice of the public hearing required by subsection (B)(1) above by:
(a) Publishing a notice of the date, time and place of the hearing at least once a week for two consecutive weeks in a newspaper of general circulation within the territorial limits of the city. The notice of hearing shall set forth:
(i) The name and address of the licensee;
(ii) The action proposed to be taken by the State Director;
(iii) The location of the licensee's premises; and
(iv) Such other information as may be required by the State Director.
(b) Sending a notice by certified mail to the applicant of the date, time and place of the public hearing.
(3) A record shall be made of the public hearing.
(4) As soon as practicable after the public hearing, the Liquor Hearing Officer shall issue a decision containing his or her findings and recommendations.
(5) The Liquor Hearing Officer may disapprove the issuance or transfer of the license if:
(a) The proposed location is within an area where the sale of alcoholic beverages is prohibited by state law;
(b) The issuance or transfer would be in violation of the zoning regulations or any other applicable ordinance of the city; or
(c) The issuance or transfer would be detrimental to the public health, safety or morals of the residents of the city.
(6) Within 30 days after the public hearing, the Liquor Hearing Officer shall notify the State Director as to whether the proposed issuance or transfer of the license has been approved or disapproved. If the Liquor Hearing Officer fails to either approve or disapprove the issuance or transfer of the license within 30 days after the public hearing, the State Director may give final approval to the issuance or transfer of the license.
(7) In the event of disapproval, the Liquor Hearing Officer's notification to the State Director will set forth the reasons for the disapproval. A copy of the minutes of the public hearing shall be submitted with any such notification.
(8) The City Council, by delegation of authority, deems as approved all findings and determinations made by the Liquor Hearing Officer.
(9) Any person aggrieved by any decision made by the Liquor Hearing Officer as to the approval or disapproval of the issuance or transfer of a license may appeal to the District Court by filing a petition in that Court within 30 days from the date of the decision. The decision of the Liquor Hearing Officer shall continue in force, pending a reversal or modification by the District Court, unless otherwise ordered by the Court.
('74 Code, § 10-8-3) (Ord. 50-1979; Am. Ord. 58-1979; Am. Ord. 89-1981; Am. Ord. 37-1993; Am. Ord. 13-1999; Am. Ord. 2023-010)
(A) Waiver required. No new licensed premise will be approved within 300 feet of a church or school unless a waiver is first approved pursuant to this section.
(B) Notice and application to the city.
(1) Any person applying for the issuance or transfer of a liquor license shall notify the State Director and the Liquor Hearing Officer as to whether the proposed licensed premises is located within 300 feet of any church or school.
(2) In the event that a school or church distance waiver is required for the requested liquor license issuance or transfer pursuant to NMSA 1978 § 60-6(B)-10, the person applying for the liquor license shall apply for a waiver on a form prescribed by the Liquor Hearing Officer.
(C) Process for review by the city.
(1) After receiving the application for the waiver, City Council staff shall submit the application for waiver to the Liquor Hearing Officer for purposes of holding a public hearing on the matter. Nothing herein shall prohibit the Liquor Hearing Officer from conducting both the issuance or transfer hearing, and the waiver hearing on the same day in the proper sequence.
(2) The City Council staff shall provide notice of the public hearing at least ten days prior to such hearing, to the applicant, any church or school, and any recognized neighborhood association within 400 feet of the proposed licensed premises, and to any person or organization requesting such notice. The notice of hearing shall set forth:
(a) The name and address of the applicant;
(b) The location of the applicant's proposed licensed premises; and
(c) That the applicant has requested a waiver of the 300 feet distance requirement.
(3) A record shall be made of the public hearing. The Liquor Hearing Officer may promulgate rules of procedure for the waiver hearing. These rules shall conform with accepted administrative hearing procedures. The Liquor Hearing Officer shall conduct this hearing and accept documentary and testimonial evidence in accordance with such rules of procedure.
(4) The Liquor Hearing Officer may grant a waiver of the prohibition of a licensed premises within 300 feet of a church or school pursuant to § 60-6B-10 NMSA 1978 in all IDO zones that allow all of the liquor sale or service activities permitted under the requested license, provided that:
(a) The waiver will not be detrimental to the public health, safety, welfare or morals of the affected neighborhood, including residents;
(b) The proposed location for which the waiver is sought will not be within an area where the sale of alcoholic beverages is prohibited by the laws of the state; and
(c) Granting of the waiver will not be in violation of a zoning or other ordinance of the city.
(5) In evaluating paragraph (4)(a), above, the Liquor Hearing Officer may consider factors that include but are not limited to:
(a) The attendance, hours, or programs of the church and/or school as related to the proposed license operation;
(b) Existing natural or man-made barriers or access restrictions between the proposed licensed premises and the school and/or church in question;
(c) The recommendation of the school board and/or recognized parent association in the case of a school, and the recommendation of the pastor, rabbi, or other religious leader of the affected church;
(d) The consistency of such use with the educational, cultural, social, religious, civic and community character of the area in which the license or licenses would be issued;
(e) The impact of such license or licenses on other businesses, residents, schools or churches in the area in question;
(f) The number and type of other applicants and/or licensed premises in the area;
(g) Previous experience with similar licensed establishments in the area or similar areas;
(h) The impact of the license on the area, including but not limited to crime, traffic control and regulation, fire protection, planning and zoning, parking, or other city ordinances, and the impact on the city concerning the enforcement of the same;
(i) The type of structure, the exact location and the exact times of operation proposed by the applicant;
(j) Previous experience with the applicant's operation of a liquor establishment, if any;
(k) The benefit to the community or furtherance of a city policy;
(I) Any other relevant information.
(6) The Liquor Hearing Officer shall also consider information solicited from the Police Department, the Fire Department, Traffic Engineering, the Envlronmental Health Department, the Planning Department and the Zoning Office. The information from those city agencies shall be provided to the Liquor Hearing Officer at least seven days prior to the hearing on the waiver and made available to the applicant and members of the public at least five days prior to the hearing on the waiver.
(7) As soon as practicable after the publlc hearing, the Liquor Hearing Officer shall issue a determination either granting or denying the waiver. The City Council, by delegation of authority, deems as approved all findings and recommendations made by the Liquor Hearing Officer.
(8) If the Liquor Hearing Officer disapproves the waiver, the Liquor Hearing Officer shall disapprove the issuance or transfer of the license. The Liquor Hearing Officer shall notify the State Director of the reasons for the disapproval of the waiver. A copy of the minutes of the public hearing on the waiver application shall be submitted to the State Director by the Liquor Hearing Officer with the notice of disapproval of the waiver and issuance or transfer.
(9) If the Liquor Hearing Officer approves the waiver, the Liquor Hearing Officer may approve or disapprove the issuance or transfer of the license.
(10) Any person aggrieved by any decision made by the Liquor Hearing Officer as to the waiver may appeal to the District Court by filing a petition in that Court within 30 days from the date of the decision of the Liquor Hearing Officer. The decision of the Liquor Hearing Officer shall continue in force, pending a reversal or modification by the District Court, unless otherwise ordered by the Court for good cause shown.
(A) The fee for issuance or transfer of a liquor license shall be $600 per application.
(B) The fee for an application for a waiver shall be $600.
('74 Code, § 10-8-5) (Ord. 50-1979; Am. Ord. 89-1981; Am. Ord. 29-1996; Am. Ord. 13-1999; Am. Ord. 2023-010)
(A) Public celebration.
(1) Dispenser’s licenses. Any person holding a dispenser's license in the city, pursuant to the Liquor Control Act and upon written approval by the city and final approval by the State Director, may dispense alcoholic beverages at a public celebration held in the city.
(2) Small brewer, winegrower, or craft distiller licenses. Any person holding a small brewer's, winegrowers, or craft distiller's license pursuant to the Liquor Control Act, whether or not their license is held within the city, may upon written approval by the city and final approval by the State Director, dispense alcoholic beverages produced and packaged by or for the licensee, or produced and packaged by another New Mexico small brewer, winegrower or craft distiller, at a public celebration held in the city.
(B) Private celebrations. Any person holding a small brewer's, winegrowers, or craft distiller's license pursuant to the Liquor Control Act, whether or not their license is held within the city, may upon written approval by the city and final approval by the State Director, dispense alcoholic beverages produced and packaged by or for the licensee, or produced and packaged by another New Mexico small brewer, winegrower or craft distiller, at a private celebration held in the city.
(C) Application. The licensee must complete an Application for Approval of Special Dispenser's, Public or Private Celebration Permit ("Application") and must, as part of the application, obtain approvals from the following city departments or officials:
(1) The Police Chief or designee;
(2) The Fire Chief or designee;
(3) The Environmental Health Department Director or designee; and
(4) If the public celebration will be held primarily outdoors and is other than a public dance as defined in § 10-9-2, the licensee must obtain approval from the Zoning Enforcement Officer or designee in addition to the officials listed above, provided, however, that the provisions in Chapter 14, Article 16, the Integrated Development Ordinance, that restrict the dispensing of alcoholic beverages shall not apply to the dispensing of alcoholic beverages pursuant to a Special Dispenser's Permit.
(D) (1) Approval may be withheld by a city department or official listed in division (C) of this section for good cause including:
(a) The approval would be in violation of a zoning or other ordinance except as provided herein;
(b) The approval would be detrimental to the public health, safety or morals of the city residents; or
(c) There was a violation by the licensee of any state, federal or local law or regulation in connection with a previously approved Special Dispenser's Permit.
(2) If a city department or official listed in division (C) of this section withholds approval the reason(s) for withholding approval shall be provided in writing to the licensee.
(3) Where appropriate, as an alternative to withholding approval, any city department or official listed in division (C) of this section may recommend that the Liquor Hearing Officer impose certain conditions or limitations on the approval.
(E) The licensee must submit to the Liquor Hearing Officer the completed Application together with any fees required by the city and the completed state Special Dispenser's Permit Application form.
(F) Approval of a Special Dispenser's, Public or Private Celebration Permit shall not be issued by the city if the Application and all applicable fees and forms are not received by the Liquor Hearing Officer at least 15 business days prior to the function for which the permit is sought.
(G) If the Application is approved by all city officials listed in division (C) of this section and is accompanied by the city fee and the state Special Dispenser's, Public or Private Celebration Permit application, then the Liquor Hearing Officer shall approve the Application so long as the request is within the scope of a "public celebration" or "private celebration" as defined within this article.
(H) Notwithstanding division (G), above, approval is subject to any reasonable conditions or requirements recommended pursuant to subparagraph (D)(3), above, and imposed by the Liquor Hearing Officer, together with any additional conditions deemed appropriate by the Liquor Hearing Officer relating to the preservation of the public health, safety or morals of city residents and the effect of the approval on land uses surrounding the location from which alcoholic beverages will be dispensed. Approval is also subject to all regulations adopted by the city.
(I) The city's approval of a Special Dispenser's, Public or Private Celebration Permit may be revoked by any city department or official listed in division (C), above, before or during a public celebration or catered function for good cause including, but not limited to, the falsification of information on the Application and the failure to follow regulations or meet conditions imposed.
(J) The dispenser's, small brewer's, winegrower's, or craft distiller's licensee and its employees shall be the only persons permitted to dispense alcohol during the function for which the Special Dispenser's, Public or Private Celebration Permit is sought.
(K) The city's approval does not authorize the licensee to dispense alcoholic beverages unless and until the licensee receives final approval from the State Director. It shall be the responsibility of the licensee to transmit the state application to the state so that the State Director receives the application at least ten days prior to the function for which the Special Dispenser's, Public or Private Celebration Permit is sought.
('74 Code, § 10-8-4) (Ord. 37- 1993; Am. Ord. 13-1999; Am. Ord. 2017-025; Am. Ord. 2023-010)
Section
13-3-1-1 Purpose
13-3-1-2 Definitions
13-3-1-3 Permit required
13-3-1-4 Exemptions
13-3-1-5 Permit standards
13-3-1-6 Permit application
13-3-1-7 Category A permit; locations permitted
13-3-1-8 Category B permit; locations permitted
13-3-1-9 Permit fee
13-3-1-10 Hours of solicitations
13-3-1-11 Authorization or denial of permit
13-3-1-12 Visibility of permit; nontransferability; duration; renewals; maximum number of permits held
13-3-1-13 Responsibility for cleanup
13-3-1-14 Permits not endorsement
13-3-1-15 Administration and applicability of other laws
13-3-1-98 Violations; suspensions and revocation of permit; hearing
13-3-1-99 Penalty
13-3-2-1 Short title
13-3-2-2 Authority
13-3-2-3 Legislative intent
13-3-2-4 Definitions
13-3-2-5 Permit required
13-3-2-6 Exemptions
13-3-2-7 Old town portal market advisory board
13-3-2-8 Permit standards
13-3-2-9 Permit application
13-3-2-10 Permit fee
13-3-2-11 Procedure for authorization or denial of permit
13-3-2-12 Old town portal market
13-3-2-13 Hours of solicitation
13-3-2-14 Visibility of permit; nontransferability; duration; renewals; maximum number of permits held
13-3-2-15 Prohibited activities
13-3-2-16 Special events
13-3-2-17 Permits not endorsement
13-3-2-18 Administration of and applicability of other law
13-3-2-98 Violations; suspension and revocation of permit; hearing
13-3-2-99 Penalty
13-3-3-1 Authority
13-3-3-2 Findings and purpose
13-3-3-3 Definition
13-3-3-4 License fee
13-3-3-5 Subscriber warranty
13-3-3-6 Denial or revocation of license-right of hearing
13-3-3-99 Penalty
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