(A) It is the policy of the city to actively abate the public nuisance of premises using drive-up windows for the sale of alcoholic beverages to minors and intoxicated persons. This policy of abatement shall be to abate only the nuisance of the drive-up window rather than the entire premises.
(B) The City Attorney is directed to initiate actions to abate all such public nuisances where the Superintendent of Licensing and Regulations has revoked or suspended a liquor license or has imposed a fine upon the licensee for violating the prohibition against selling, serving, or delivering alcoholic beverages to a minor or intoxicated person through a drive-up window. The City Attorney is directed to commence such abatement actions following the effective date of the revocation, suspension, or fine at the completion of the administrative proceedings and hearings provided to the licensee by the Department of Public Safety.
(C) The Mayor shall establish a reporting and monitoring mechanism so that the City Attorney is informed, at least on a monthly basis, of actions taken by the New Mexico Department of Regulation and Licensing to enforce the Liquor Control Act with regard to the sale or service of an alcoholic beverage to an intoxicated person or to a minor through a drive-up window.
(D) The City Attorney shall review cases occurring since the adoption into law of Resolution No. 106-1995 in which the Superintendent of Licensing and Regulation has revoked or suspended a liquor license or has imposed a fine upon a licensee for violation of the prohibition against selling, serving, or delivering alcoholic beverages to a minor or intoxicated person through a drive-up window. Each case review shall determine whether the conditions established in Resolution No. 106-1995 have been met with regard to the City Attorney initiating legal action to abate such public nuisance.
(E) In those cases in which it has been determined that nuisance abatement action is called for by city law, the City Attorney shall initiate such action in a timely way in District Court.
(F) The City Attorney shall review all such cases to determine whether there is a basis for establishing in court that drive-up windows in the city constitute a nuisance, per se, to be abated through their closure.
(Res. 106-1995, approved 8-25-95; Am. Res. 137-1996, approved 12-3-96)
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