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)