(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.