Chapter 5.10
LIQUOR LICENSES
Sections:
5.10.020 Definitions as used in this chapter.
5.10.030 Imposition of liquor license tax.
5.10.070 Hours of liquor sales.
5.10.080 Sales outside place of business prohibited.
5.10.010 License required.
No license for the sale of alcoholic liquors shall be issued by the Village of Cimarron, New Mexico, to any applicant who shall not as a condition precedent thereto secure a license from the Bureau of Revenue as provided by law. [Ord. 50A § 1, 1937].
5.10.020 Definitions as used in this chapter.
“Club” means 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 $5.00 per year and 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” means the department of alcoholic beverage control.
“Director” means the director of the department.
“Dispenser” means any person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his/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” means the mayor and elected municipal council members or commissioners of an incorporated municipality.
“Person” means an individual, corporation, firm, partnership, copartnership, association or legal entity.
“Restaurant” means 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; provided, that “restaurant” does not include establishments defined in regulations promulgated by the director as serving only hamburgers, sandwiches, salads, and other fast food.
“Retailer” means any person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his/her possession with intent to sell any alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises. [Amended during 2014 codification; Ord. 176A § 1, 1993].
5.10.030 Imposition of liquor license tax.
A. Pursuant to the provisions of Section 7-24-1 NMSA 1978, the governing body, by ordinance, shall set the rates and the dates and manner of license tax on or before June 1st of each year. The rates set shall apply from July 1st through and including June 30th of the following year.
B. Pursuant to the provisions of Section 7-24-1 NMSA 1978, on or after the effective date of the ordinance codified in this chapter, no person who has been issued a state license from the department shall be given possession of the license by the municipality until the person has paid the municipal license as follows:
The tax rates shall be:
|
Type of License |
Tax Amount |
|
Retailer’s License |
$250.00 |
|
Dispenser’s License |
$250.00 |
|
Club License |
$250.00 |
|
Restaurant License |
$250.00 |
[Ord. 176A § 2, 1993; Ord. 50A § 2, 1937].
5.10.040 Annual fees.
All licenses shall be issued to expire on June 30th of each year and shall be prorated, so that licenses issued prior to the first day of October of each year shall be subject to the full amount of the annual fee; licenses issued subsequent to the first day of October and prior to the first day of January of each year shall be subject to three-fourths of the annual fee; licenses issued subsequent to the first day of January and prior to the first day of April of each year shall be subject to one-half of the annual fee; licenses issued subsequent to the first day of April of each year shall be subject to one-fourth the annual license fee. [Ord. 50A § 3, 1937].
5.10.050 Revocation.
Every license shall be issued under the condition that it may be revoked by the governing body of the Village of Cimarron, New Mexico, at any time the holder thereof shall violate any of the provisions of this chapter, or of the liquor laws of the state of New Mexico, or of the United States, or whenever in the judgment of the governing body of said Village the public welfare shall require. [Amended during 2014 codification; Ord. 50A § 4, 1937].
5.10.060 Refusal.
The governing body of the Village of Cimarron, New Mexico, may, for the purpose of regulation, refuse to issue any license in this chapter when it may deem it for the best interest of the public; provided, that no license shall be refused without first giving the person, firm, corporation or association applying therefor an opportunity to be heard. If upon such hearing before said governing body, two-thirds of the members thereof present at such meeting be of the opinion that such refusal be for the best interest of the public, such license shall be refused. [Amended during 2014 codification; Ord. 50A § 5, 1937].
5.10.070 Hours of liquor sales.
Dispensers may sell, serve, furnish or permit the drinking or using of alcoholic liquors on their premises according to the current liquor control laws of the state of New Mexico. [Ord. 260 § 6, 2012; Ord. 50A § 6, 1937].
5.10.080 Sales outside place of business prohibited.
It shall be unlawful to drink or to use alcoholic liquors, or for any person who is owner or operator to sell, serve, furnish or permit the drinking or use of any alcoholic liquors in any public dance hall, pool room, bowling alley, street or in any other public place, except establishments having a license to dispense alcoholic liquors.
It shall also be unlawful for any establishment having a license to dispense alcoholic liquors to give curb service or to sell or serve liquors in any manner outside of the building on the premises at which such business is operated. [Ord. 50A § 7, 1937].
5.10.090 Penalty.
Any person violating any of the provisions of this chapter shall be subject to punishment by a fine not to exceed $500.00 or by imprisonment in jail not to exceed 90 days, or by both such fine and imprisonment. [Ord. 176A § 3, 1993; Ord. 50A § 9, 1937].
5.10.100 Failure to pay tax.
Failure of any person holding a retailer’s, dispenser’s, canopy, club, or restaurant license tax on the date(s) and in the manner imposed by this chapter shall be subject to appropriate action by the governing body of the municipality of Cimarron, as provided by Section 7-24-3 NMSA 1978, relating to the closing of establishments. [Ord. 176A § 4, 1993].