For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC LIQUORS. Any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters bearing the Federal Internal Revenue strip stamps or any similar alcoholic beverage, including all blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than .5% alcohol, but excluding medicinal bitters.
BEER. Any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops and/or other cereals in water, and includes such liquors as porter, beer, ale and stout.
BUREAU. The Alcohol and Gaming Division of the Regulation and Licensing Department of the State of New Mexico.
CANOPY LICENSE. A license issued to a co-user to dispense alcoholic beverages in the same manner as permitted pursuant to a dispenser's license subject to the provisions contained in Sections 60-6B-14 through 60-6B-16 NMSA 1978, as amended.
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 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 as a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the 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 paragraph,
AIR COMMON CARRIER is a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the Civil Aeronautics Board.
DIRECTOR. The Director of the Alcohol and Gaming Division of the Regulation and Licensing Department of the state.
DISPENSER. Any person selling, offering for sale or having in his possession with intent to sell, alcoholic liquors by the drink or in packages.
PACKAGE. Any immediate container of alcoholic liquors, beer or wine which is filled or packed by the manufacturers, wholesalers, retailers, dispensers and!or clubs;
PERSON. Any male or female, corporation, firm, copartnership or association, and includes both the singular and plural numbers.
RESTAURANT. Any establishment having a New Mexico resident as a proprietor or manager which is held out to the public as a place where meals are prepared and served primarily for on-premise consumption to the general public in consideration of payment and which has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals; provided that RESTAURANT does not include establishment as defined in regulations promulgated by the Director serving only hamburgers, sandwiches, salads and other fast foods.
RESTAURANT LICENSE. A license for a restaurant to sell beer and wine for consumption on the premises that is issued pursuant to Section 60-6A-4 NMSA 1978.
RETAILER. Any person selling, offering for sale, or having in his possession with the intent to sell, any alcoholic liquors for consumption off the premises of the licensee and in unbroken packages.
TRANSFER. The changing of ownership or location of any license.
WINE. Includes the words "fruit juices" and means all alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, and which does not contain less than .5% nor more than 21% alcohol by volume.
('74 Code, § 4-6-2) (Ord. 45-1979; Am. Ord. 76-1979; Am. Ord. 25-1982; Am. Ord. 20-1993)