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Lovington Overview
Lovington, NM Code of Ordinances
CITY OF LOVINGTON, NEW MEXICO CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 RESERVED
Title 5 BUSINESS LICENSES AND REGULATIONS
Title 6 ANIMALS
Title 7 RESERVED
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 RESERVED
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 RESERVED
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISION OF LAND
Title 17 ZONING
STATUTORY REFERENCES FOR NEW MEXICO MUNICIPALITIES
CROSS-REFERENCE TABLE
Chapter 5.08
SALE OF ALCOHOLIC BEVERAGES
Sections:
   5.08.010   Definitions.
   5.08.020   Compliance with chapter mandatory.
   5.08.030   License required-Compliance with state law.
   5.08.040   Licenses-Persons not eligible.
   5.08.050   Hours of operation.
   5.08.060   Drinking in public places prohibited-Curb service.
   5.08.070   Sales to and by certain persons prohibited.
   5.08.080   Dispenser's license-Fee.
   5.08.090   Retailer's license-Fee.
   5.08.100   Club license-Fee.
   5.08.110   License fees-Areas annexed to city.
   5.08.120   License applications.
   5.08.130   License issuance-Investigation prerequisite.
   5.08.140   License issuance-Petition prerequisite when.
   5.08.150   License issuance- License from Bureau prerequisite.
   5.08.160   License-Fees prorated.
   5.08.170   Bond required.
   5.08.180   Licenses-Term.
   5.08.190   Forfeiture and revocation.
   5.08.200   Violations-Penalty.
5.08.010   Definitions.
   For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
   "Alcoholic liquors" means and includes any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin or any similar alcoholic beverage, including all blended and fermented beverages, dilutions or mixtures of one or more of the foregoing, containing more than one-half of one percent of alcohol.
   "Beer" means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt and hops or other cereals in water, and shall be construed to include such liquors as beer, porter, ale and stout.
   "Brewer" means and includes any person who owns, operates, carries on or continues the operation of any manufactory, by the fermentation of any infusion or decoction of barley, malt and hops or cereals in water, and shall be construed to include the manufacture of such alcoholic beverages as beer, porter, ale and stout.
   "Bureau" means the Bureau of Revenue of the state.
   "Club" means any organization of persons organized or operated under the laws of the state and under the code or ordinances of the city, operated for nonprofit to members, with a regularly admitted and enrolled membership of not less than fifty, who have paid membership dues at Ihe rate of not less than five dollars per year, which is the owner, licensee or occupant of premises used exclusively for club purposes and which, in the judgment of the bureau and the city commission is operated solely for recreation, social, patriotic, political, benevolent or athletic purposes.
   "Dispenser" means any person selling or offering for sale or having in his possession with intent to sell, alcoholic liquors by the drink or in packages containing less than five gallons.
   "Distiller" means and includes any person engaged in the manufacturing of spirituous liquors.
   "Hotel" means a place provided with space and accommodation, where, in consideration of payment, lodging, or food and lodging both are habitually furnished to guests.
   "Local option district" means any county or any city of over five thousand population, according to the latest United States census, which shall, under the laws of the state, have voted in favor of the sale of alcoholic liquors within the limits of such county or city.
   "Package" means any container or containers or receptacles for the purpose of containing alcoholic liquors, beer or wine, as marketed by the manufacturer or bottler.
   "Rectifier" means any person who shall blend, mix or distill wine, alcohol, liquors or spirits with other liquids or substances for the purpose of making a concocted drink for the purpose of sale other than to the consumer by the drink, and shall include bottlers of spirituous liquors.
   "Restaurant" means a place provided with special space and accommodation, where, in consideration of payment, food (without lodging) is habitually furnished to guests at tables, or seated at counters.
   "Retailer" means any person selling or offering for sale, or having in his possession with intent to sell, any alcoholic liquors in unbroken packages containing less than five gallons.
   "Spirituous liquors" means all alcoholic liquors as defined in this section except fermented beverages such as wine, beer and ale.
   "Wholesaler" means any person whose place of business is located in the city for the purpose of selling or possessing, with intent to sell, or offering for sale, any alcoholic liquor for resale by purchaser of same.
   "Wine" includes the words "fruit juices" and means any alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, and which does not contain less than one-half of one percent nor more than twenty-one percent alcohol by volume.
   "Winer" means and includes any person who owns, operates, carries on or continues the operation of any manufactory of alcoholic beverages by the fermentation of the natural sugar in fruit or fruit juices, with or without the addition of sugar and with or without the addition of alcohol or spirits, and shall include bottlers of wine. (Prior code § 9-1-1)
5.08.020   Compliance with chapter mandatory.
   The sale or possession for the purpose of sale or offering for sale, manufacture or transportation of alcoholic liquors is prohibited within the city, except upon the terms and conditions specified in this chapter. (Prior code § 9-1-2)
5.08.030   License required-Compliance with state law.
   A.   It is unlawful for any person on his own behalf or as agent for another person to directly or indirectly sell, offer for sale, ship or transport into the city for resale any alcoholic liquors except to a resident licensed wholesaler, unless such person shall have procured a license as wholesaler from the Bureau.
   B.   It is a violation of this chapter for any person to deliver any alcoholic liquors for resale within the city, unless such person has complied with the provisions of the laws of the state in every respect as to permits, quantity, shipper and consignee, and all other provisions of the laws of the state. (Prior code § 9-1-3)
5.08.040   Licenses-Persons not eligible.
   The following classes of persons shall be prohibited from receiving licenses to sell, deliver or distribute alcoholic liquors within the city:
   A.   Persons who have been convicted of a felony or for any violation of this chapter or any ordinance of the city or statute of the state relative to the sale, manufacture or transportation of intoxicating liquor;
   B.   Any person under the age of twenty-one years;
   C.   Any corporation which is not duly qualified to do business in New Mexico unless the license issued under Section 40-6-A-7 N.M.S.A., 1978; provided however, that a corporation which owns stock in a corporation which owns a New Mexico liquor license does not need to be qualified to do business in New Mexico regardless of the size of the ownership interest;
   D.   Any person who has not procured from the Bureau a retailer's license, a dispenser's license, or a club license, in conformity with the laws of the state;
   E.   Any person who is not the real party in interest in the business to be conducted under the license;
   F.   Any other person not qualified under the terms of this chapter. (Amended during 1992 codification: prior code § 9-1-4)
5.08.050   Hours of operation.
   Removal of restrictions on Sundays, holidays, and election days.
   A.   On any given day, excluding Christmas Day, the hours of operation will be:
      1.   Package sales, the hours of service are seven a.m. until midnight.
      2.   On-premises licensees, the hours of service are seven a.m. to two a.m.
      3.   Restaurant license holders, hours are from seven a.m. until eleven p.m. or when food service stops, whichever comes first.
   B.   Christmas Day. No sale, service or delivery of alcoholic beverages on Christmas Day.
(Ord. 600, 2023; Prior code § 9-1-5)
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