§ 114.60 DEFINITIONS.
   For the purpose of §§ 114.60 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CLUB. Any nonprofit group, including an auxiliary or subsidiary group, organized and operated under the laws of this state, with a membership of not less than 50 members who pay membership dues at the rate of not less than $5 per year who under the constitution and bylaws of the club have all voting rights and full membership privileges, and which group is the owner, lessee, or occupant of premises used exclusively for club purposes and which group the director finds is operated solely for recreation, social, patriotic, political, benevolent, or athletic purposes.
   DEPARTMENT. The Department of Alcoholic Beverage Control.
   DIRECTOR. The DIRECTOR of the department.
   DISPENSER. Any person licensed under the provisions of the Liquor Control Act selling, offering for sale, or having in his or her possession with the intent to sell alcoholic beverages by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensed premises.
   GOVERNING BODY. The Mayor and elected Municipal Council members or Commissioners of an incorporated municipality.
   PERSON. An individual, corporation, firm, partnership, copartnership, association, or legal entity.
   RESTAURANT. Any establishment having a New Mexico resident as a proprietor or manager which is held out to the public as a place where meals are prepared and served primarily for on-premises consumption to the general public in consideration of payment and which has a dining room, a kitchen, and the employees necessary for preparing, cooking, and serving meals. RESTAURANT does not include establishments defined in regulations promulgated by the director as serving only hamburgers, sandwiches, salads, and other fast foods.
   RETAILER. Any person licensed under the provisions of the Liquor Control Act selling, offering for sale, or having in his or her possession with intent to sell any alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises.
(1981 Code, § 26-146) (Ord. 838, passed 5-28-1993)