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Section
General Provisions
5-1-1 Sale of alcohol near schools or churches; standards for waiver
5-1-2 Nuisance prevention agreement and issuance or transfer of liquor licence
Liquor Dispenser Licenses
5-1-10 Walgreen's Payless Drugstores Inc.
5-1-11 Convention Center Complex
5-1-12 El Escondido Lounge
5-1-13 Captain Ahab's Seafood Restaurant
5-1-14 Marriott Corporation
5-1-15 Nunzio's Pizza Inc.
5-1-16 Posh Bagel Restaurant
5-1-17 Albuquerque Sports Stadium and The Distillery
5-1-18 Ray's Pizza
5-1-19 Albuquerque International Airport
5-1-20 Cavan Building
Restaurant Licenses
5-1-30 Pizza Paisano
5-1-31 Fiesta Restaurant
5-1-32 Mexican Kitchen
5-1-33 Harry's Place
5-1-34 Mannie's Family Restaurant, Inc.
5-1-35 Soup `R' Sub
5-1-36 Willie's Family Diner
5-1-37 Salad Bar Restaurant
5-1-38 Pauline's Mexican Foods
5-1-39 Gyros Diner
5-1-40 Cel's Pizza
5-1-41 El Patio
5-1-42 Pizza City Restaurant
5-1-43 Polly's Home Cooking
Club Liquor Licenses
5-1-50 Fleet Reserve Association
5-1-51 University of New Mexico Alumni Association
5-1-52 Tennis Club of Albuquerque Inc.
Cross-reference:
(A) Resolution 227, Enactment No. 59-1997, is hereby repealed, and the Floor Substitute for Resolution 166, Enactment No. 151-1982, is hereby superseded.
(B) (1) The City Council will consider waivers of the 300 feet distance requirement (set forth in 60-6B-10 NMSA 1978 of the State Liquor Control Act) for Restaurant Licenses and for other types of licenses when the applicant can demonstrate to the Council that exceptional circumstances exist and a waiver may be appropriate to benefit the community or serve a City policy.
(2) Any waiver shall be subject to the zoning requirements in the Integrated Development Ordinance.
(Res. 151-1982, approved 9-9-82; Am. Res. 59-1997, approved 7-1-97; Am. Res. 115-1998, approved 11-25-98; Am. Res. R-2005-091, approved 6-6-05; Res. 2017-102, approved 11-13-17)
Cross-reference:
Alcohol Abuse Task Force, see § 2-4-7
Employee substance abuse; alcohol and drug testing, see § 3-3-15
Sale of alcohol through drive-up windows; abatement, see § 4-6-15
Public areas where alcohol is permitted, see § 6-5-2
Zones where alcohol sales are permitted, see § 14-16-4
(A) (1) It shall be the policy of the city, for the protection of the health, safety and welfare of the public and for the redevelopment of the subject area to allow the issuance or transfer of a liquor license in the subject area only after the owner of the proposed licensed premises enters into a nuisance prevention agreement with the city. This policy shall remain in effect for two years after the enactment of this section and may be renewed by the Council.
(2) Subject areas include:
(a) The area located between the west side of San Pedro on the west, the east side of Wyoming on the east, the south side of Copper on the north, and north side of Zuni on the south (Res. 86-2004, approved 8-16-04); and
(b) The area located between the west side of 12th Street on the west, the east side of Girard Boulevard on the east, the north side of Lomas Boulevard on the north, and south side of Coal Street on the south (Res. R-2005-060, approved 4-28-05).
(B) The nuisance prevention agreement shall, at a minimum, include the following provisions that:
(1) Address and provide on-site security for the premises.
(2) Address and provide interior and exterior lighting for the protection of the public.
(3) Set forth an inspection schedule to monitor compliance with applicable city codes.
(4) Prohibit criminal activity on the premises.
(5) Require the owner and licensee to take all reasonable and available steps to terminate any public nuisance activity on the premises.
(6) Require the owner to file appropriate reports with law enforcement authorities and to cooperate with such authorities to enforce laws.
(7) Provide a description of the nature of the operation and an agreement not to deviate from that description without prior written approval by the City and the owner to amend the nuisance prevention agreement.
(8) Provide a description of the nature of the security measures to be employed in the operation and an agreement not to deviate from that description without prior written approval by the City and the owner to amend the nuisance prevention agreement.
(C) The executed nuisance prevention agreement shall be presented to the City Hearing Officer prior to his or her approval of any application for the issuance or transfer of a license within the subject area.
(Res. 86-2004, approved 8-16-04; Res. R-2005-060, approved 4-28-05)
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