The issuance of a restaurant license to serve beer and wine to the premises known as El Patio at 142 Harvard, S.E., Albuquerque, New Mexico, is hereby consented to and approved, provided that the following conditions are met:
(A) The zoning of the premises will allow the serving of beer and wine as part of a restaurant within three years of the date of this section.
(B) At least 60% of revenues from the establishment must be from food service excluding the sale of alcoholic liquors.
(C) Upon application for annual license renewal to the state Department of Alcoholic Beverage Control the license holder shall certify to the City that not less than 60% of gross sales from the preceding 12 months operation of the establishment is derived from food services. The license holder shall submit an annual report prepared and signed by a Certified Public Accountant to the City Treasurer on the sales of the establishment, containing the annual gross sales figures, separating the gross sales figures into two categories:
(1) Food services sales; and
(2) Alcoholic liquors sales.
(D) Alcoholic liquor may be served and consumed only at a table or booth in conjunction with ordering and consuming a full service meal. No consumption of alcoholic liquors shall be allowed in any lounge or waiting area.
(E) No alcoholic liquor may be sold for consumption off the premises of the licensed establishment.
(F) No alcoholic liquors shall be sold before 11:00 a.m. All sales of alcoholic liquors shall cease at the time food sales and service in the establishment cease, except that in no event shall alcoholic liquors be sold after 11:00 p.m.
(G) The approval given by this section is not effective until the applicant executes an agreement with the city to abide by the conditions contained herein, which shall constitute a contractual agreement between the applicant and the city enforceable in any court of competent jurisdiction. Failure to abide by the terms and conditions of such agreement and this section will be grounds for revocation by the City Council of the approval given by this section.
(Res. 138-1981, approved 6-30-81)