CHAPTER 112
ALCOHOLIC BEVERAGES
Section
112.03 Sale and possession; applicability.
112.04 License required; application, fee and payment.
112.07 Special dispenser permits and public celebration permits.
112.08 Minors; service and consumption.
112.01 PURPOSE.
The sale, service and public consumption of alcoholic beverages is regulated by the State of New Mexico Alcohol Beverage Control Division, pursuant to the Liquor Control Act, NMSA 1978 § 60-3A-1. Having adopted local option provisions of the Liquor Control Act, the city has established regulations necessary for the health, safety and general welfare of both residents and businesses for any such alcoholic beverage sale, possession for the purpose of sale, or offering for sale with the municipal boundaries. (Ord. 22-18)
112.02 DEFINITIONS.
The definitions contained in the Liquor Control Act and Administrative Code (NMAC 1978), Title 15, Chapters 10 and 11, shall apply to this chapter, except as provided in this chapter, and unless the context clearly indicates or requires a different meaning.
(NMSA § 60-3A-3) (’87 Code, § 14-1-1) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 22-18. Formerly 112.01)
112.03 SALE AND POSSESSION; APPLICABILITY.
The sale or possession for the purpose of sale, or offering for sale, of alcoholic beverages, including the distribution, manufacturing, or dispensing within the city without a current municipal liquor license, as hereinafter provided, is prohibited.
(’87 Code, § 14-1-2) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 22-18. Formerly 112.02) Penalty, see § 112.99
112.04 LICENSE REQUIRED; APPLICATION, FEE AND PAYMENT.
(A) Any sale or service of alcoholic beverages, including the distribution, manufacturing, or dispensing, is hereby prohibited within the city, except as authorized by the Liquor Control Act, and in conformance with the municipal licensing provisions, as follows:
(1) The Governing Body shall conduct a public hearing of each state liquor application receiving preliminary approval from the Alcohol Beverage Control Division. Within 30 days of the hearing, notification of the Governing Body’s approval or denial of liquor application shall be provided in writing to the Alcohol Beverage Control Division.
(2) Subsequent to receiving state licensure from the Alcohol Beverage Control Division, an application for municipal liquor license shall be submitted to the City Clerk pursuant to Chapter 110. The application shall be accompanied by a copy of the approved state liquor application and license. The applicant shall obtain all necessary approvals and permits from the city, and pay a fee of $250, prior to the issuance of municipal liquor license.
(3) The annual municipal liquor license fee will only be prorated, as follows:
(a) A license issued prior to the first day of October shall be subject to the full amount of the annual license fee;
(b) Licenses issued on or subsequent to the first day of October and prior to the first day of January shall be subject to three-fourths of the annual fee;
(c) Licenses issued on or subsequent to the first day of January and prior to the first day of April of a year shall be subject to one-half of the annual license fee;
(d) Licenses issued on or subsequent to the first day of April of a year shall be subject to one-fourth of the annual license fee.
(B) Annual renewal of municipal liquor license. All licenses issued under this chapter shall be renewed annually for the period of July 1st to and including June 30th, at the rate of $250 per license, and must be accompanied by a current copy of a state license from the Alcohol Beverage Control Division.
(1) Late fee. The city shall assess and collect a fee of $75, plus interest of 12% per year, to be calculated daily for each day overdue.
(2) The city shall consider the municipal liquor license expired if the renewal payment is not made on or before June 30th of the current year.
(3) Revocation or suspension of any license type shall not entitle the licensee to the refund of any portion of the municipal license fee paid nor shall the licensee be relieved in any way of the obligation for the payment of any fee assessed by this chapter.
(’87 Code, § 14-1-4) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 22-18. Formerly 112.03)
112.05 LICENSE PERIOD.
The annual license fee herein imposed shall embrace the period commencing on July 1st of the current year, and expiring on June 30th of the following year.
(’87 Code, § 14-1-5) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 22-18. Formerly 112.04)
112.06 HOURS OF OPERATION.
Municipal liquor licenses issued under this chapter, and in good standing, shall only be used for alcoholic beverage business activity within the hours and days as prescribed in the Liquor Control Act.
(’87 Code, § 14-1-6) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 13-17; Am. Ord. 22-18. Formerly 112.05)
112.07 SPECIAL DISPENSER PERMITS AND PUBLIC CELEBRATION PERMITS.
(A) Any licensee holding a dispenser’s license within the city may apply for a special dispenser permit to dispense alcoholic beverages at a public celebration, or a function catered by the licensee.
(B) Any licensee holding a craft distiller, small brewer or winegrower license may apply for a public celebration permit to dispense at a public celebration or a function catered by the licensee.
(C) The permittee shall provide to the City Clerk the application for a special dispenser permit or public celebration permit along with a fee of $25 per day, no later than 15 days prior to the proposed event.
(1) The permittee is subject to all state laws, administrative rules, local regulations, and must obtain all necessary permits and approvals for the event where the permit is to be used.
(2) The permit shall be valid for no more than 12 hours per day, and shall not exceed three days.
(D) The Governing Body designates both the City Manager and City Clerk as authorized designees to administratively approve the issuance of special dispenser and public celebration permits in conformance with the Liquor Control Act and the provisions of this chapter. A designee shall review whether the applicant has fulfilled the requirements of this chapter and adhered to all local zoning ordinances. If approved, the authorized designee shall sign the application and the permittee shall provide the permit application to the Alcohol Beverage Control Division for final approval. Once processed by the Alcohol Beverage Control Division, the permittee shall provide a copy of the final approved application to the City Clerk prior to the date of the event at which the permit will be used.
(’87 Code, § 14-1-7) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 22-18. Formerly 112.06)
112.08 MINORS; SERVICE AND CONSUMPTION.
The regulations related to the sale and service of alcoholic beverages to minors shall be enforced pursuant to the Liquor Control Act.
(’87 Code, § 14-1-8) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 22-18. Formerly 112.07) Penalty, see § 112.99
112.99 PENALTY.
(A) Any person violating any of the provisions of this chapter shall be subject to punishment by fine not to exceed $500 or by imprisonment in jail not to exceed 90 days or by both a fine and imprisonment.
(B) Failure of any person required to obtain a municipal liquor license to pay the license fees imposed by this chapter shall be subject to appropriate action by the governing body of the city, as provided in NMSA § 7-24-3, relating to the closing of establishments.
(’87 Code, § 14-1-9) (Ord. 81-22; Am. Ord. 88-027; Am. Ord. 92-031; Am. Ord. 96-025; Am. Ord. 22-18)