(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)