[HISTORY: Adopted by the City Council of the City of Las Vegas as Ch. 5, Art. 1 of the 1972 City Code. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ALCOHOLIC LIQUORS
- All distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin or any similar alcoholic beverages, including all blended and fermented beverages, dilution or mixture of one or more of the foregoing, containing more than 1/2 of 1% alcohol.
- Any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt and hops, or other cereals in water. Such term shall include such liquors as beer, port, ale and stout.
- An organization of persons organized or operated under the laws of this state, operated for nonprofit to members, with a membership of not less than 50 regularly admitted and enrolled members who have paid membership dues at the rate of not less than $5 per year, which is the owner, licensee or occupant of premises used exclusively for club purposes, and which, in the judgment of the City Council, is operating solely for recreation, social, patriotic, political, benevolent or athletic purposes.
- Any person selling, 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, for consumption on the premises.
- A place provided with space and accommodations where, in consideration of payment, food and lodging are habitually furnished to guests.
- Any container or receptacle for the purpose of containing any alcoholic liquors, beer or wine, as marked by the manufacturers.
- 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.
- Any person selling, offering for sale or having in his possession with the intent to sell any alcoholic liquors for consumption off the premises of the licensee, in unbroken packages containing less than five gallons.
- Includes the words "fruit juices" and shall mean 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 1/2 of 1% nor more than 21% alcohol by volume.
The sale or possession, for the purpose of sale, offering for sale or the manufacture or transportation of alcoholic liquors, is hereby prohibited within the City, except on the conditions provided in this chapter.
Upon receipt by the City of notice from the Director of the Department of Alcoholic Beverage Control of an application for a new license as a retailer, dispenser or club within the City or for transfer of an existing license, the City Council shall make a thorough investigation concerning the character and integrity of the applicant, the conditions existing in the neighborhood wherein such establishment is sought, the number of existing licenses in the locality or area affected, and the effect of the granting of such license upon the public health, safety and morals of such locality. After investigation, the City Council shall grant or deny such license if in its discretion it is for the best interest of the City. The City Clerk shall thereupon immediately advise the Director of the Department of Alcoholic Beverages of the action taken by the City Council. The City Attorney shall represent the City in all hearings held by the Director of the Department of Alcoholic Beverages upon applications to which objections have been filed by the City Council.
Upon receipt by the City of notice from the Director of the Department of Alcoholic Beverage Control of the State Bureau of Revenue of application made and filed requesting issuance of a new license as retailer, dispenser or club within the City or requesting transfer of ownership, change of location or place of use of any such license, the City Clerk shall publish notice of the time and place of a public hearing to be held before City Council, as the City Council shall direct, all in accordance with NMSA 1953, §§ 46-4-8, 46-5-16 and 46-5-16.1.
[Amended 7-15-1993 by Ord. No. 82-2]
There is hereby imposed upon the privilege of all persons licensed by the Regulation and Licensing Department, Alcohol and Gaming Division of the state, for the sale of alcoholic liquors at retail within the City, annual license taxes in the following amounts:
The license tax shall be paid on June 30th of each year. The license tax imposed by this section shall be paid as herein provided prior to the sale by any such licensee of alcoholic liquors within the City.
Any person holding a retailers, dispensers or club license from the Regulation and Licensing Department, Alcohol and Gaming Division shall file with the City Clerk a duplicate copy of the license approved by the Regulation and Licensing Department, Alcohol and Gaming Division.
The application shall be accompanied by cash or a certified draft in full for the annual license tax. Upon the filing of an application as herein provided and payment in full, it shall be the duty of the City Clerk to issue a license to such applicant for one year, evidencing payment of such license tax in accordance with the provisions of this section.
The annual license fee herein imposed shall embrace the period commencing on July 1, and expiring on June 30 following. Such annual license fee will not be prorated. Revocation or suspension of any retailers, dispensers or club license shall not entitle the licensee to the refund of any portion of the City license fee paid. In case of the assignment and transfer of any license, as provided by law, no refund shall be made by the City to the original licensee for the unexpired portion of such license, but such assignment and transfer shall vest in the assignee and transferee the right to operate under the license tax so paid by the original licensee for the period covered by the paid license tax and to pay the balance of such license tax upon the same terms and conditions as if such assignee or transferee were the original licensee.
It shall be the duty of the Chief of Police or any police officer, upon written order of the City Manager duly entered, to forthwith close up the place of business of any retailer, dispenser or club who has not paid or tendered the City license tax imposed by § 112-4 in accordance with the terms of this chapter. Such closing shall be in addition to any penalties which may be imposed pursuant to this Code.
Any person holding a dispensers license for the sale of alcoholic liquors within the City and a special permit required by § 46-5-10, 1953 Compilation, New Mexico Statutes, and holding a concession from the board or other governing body in charge thereof for the sale of alcoholic liquors at a state fair, county fair or other special occasion, may obtain a special permit for the sale of alcoholic liquors at such occasion upon the payment in advance of the sum of $10 per day for each day of such state fair, county fair or other public celebration. The application for such license and the issuance thereof shall be as provided for in this chapter. The holder of any such special permit shall be subject to all provisions of this Code and other ordinances of the City governing the sale of alcoholic liquors.
It is unlawful to drink or consume alcoholic liquors, or for any person who is the owner or proprietor to sell, serve, furnish or permit the drinking or consumption of alcoholic liquors in any public dance hall, pool room, bowling alley, street, state or federal building, or in any other public place or any public or private club, key club or coffee house, whether operated for profit or not, except establishments having a license to dispense alcoholic liquors. It is unlawful for any licensee to give any kind of "curb service" of alcoholic liquors, except in unbroken package, outside of the building on the premises at which the licensee's business is operated, except to customers seated at tables.
[Amended 5-19-1994 by Ord. No. 82-31]
It is a violation of this section for any person licensed pursuant to the provisions of the Liquor Control Act, or any employee, agent or lessee of that person, if he knows or has reason to know that he is violating the provisions of this section, to:
Sell, serve, or give any alcoholic beverages to a minor or to permit a minor to consume alcoholic beverages on the licensed premises;
Buy alcoholic beverages or to procure the sale or service of alcoholic beverages to a minor;
Deliver alcoholic beverages to a minor; or
Aid or assist a minor to buy, procure or be served with alcoholic beverages.
Editor's Note: See NMSA 1978, § 60-3A-1 et seq.
It is a violation of this section for a minor to buy, attempt to buy, receive, possess or permit himself to be served with any alcoholic beverage.
In the event any person except a minor procures any other person to sell, serve or deliver any alcoholic beverages to a minor by actual or constructive misrepresentation of any facts calculated to cause, or by a concealment of any facts the concealment of which is calculated to cause the person selling, serving or delivering the alcoholic beverages to the minor, to believe that such minor is legally entitled to be sold, served or delivered alcoholic beverages and actually deceiving him by such misrepresentation or concealment, then that person, and not the person so deceived by such misrepresentation or concealment, shall have violated this section.
Violation of this section by a minor with respect to possession is a petty misdemeanor. Upon conviction, the offender may be sentenced in accordance with Chapter 20, Court, Municipal, Article IV, Costs. Any sentence imposed pursuant to this subsection may be suspended in the discretion of the Court upon the condition that:
The minor accepts the suspension of his driver's license for a period not to exceed three months, whereupon the trial court may dismiss the possession of alcoholic beverage charge and it shall not be considered a conviction. In the event the minor's driver's license is to be suspended, the trial court shall inform the Motor Vehicle Division of the Taxation and Revenue Department of the action; provided, however, if the minor drives during the period of suspension, then the Court may impose a fine, jail sentence or both, such fine and sentence not to exceed the maximum imposed for petty misdemeanors, or may impose punishment pursuant to Subsection D(2); and
The minor assist in a community project, designated by the Court, up to 50 hours whereupon the trial court may dismiss the possession of alcoholic beverage charge, and it shall not be considered a conviction.
The term "minor," as used in this section, shall mean any person under 21 years of age.
[Amended 5-19-1994 by Ord. No. 82-31]
No person shall sell, serve, give or deliver any alcoholic liquors to, or procure or aid in the procurement of any alcoholic liquors for any habitual drunkard, intoxicated person, or person of unsound mind, knowing that the person buying or receiving service of such alcoholic liquors is an habitual drunkard, lunatic or intoxicated person.
[Amended 5-19-1994 by Ord. No. 82-31]
It shall be a violation of this section for any person licensed pursuant to the Liquor Control Act or for any employee, agent or lessee of that person knowingly to employ or use the service of any minor in the sale and service of alcoholic beverages.
Editor's Note: See NMSA 1978, § 60-3A-1 et seq.
The licensee of retailers of alcoholic liquors shall allow them to sell and deliver alcoholic liquors and the licensee of dispensers of alcoholic liquors and club liquor licenses shall allow them to sell, serve, deliver and permit the consumption of alcoholic liquors on their licensed premises on weekdays from 7:00 a.m. until 2:00 a.m. the following day and Sundays only after 12:00 noon until 12:00 midnight. Dispenser, retail and club licensees shall close their places of business during voting hours on the days of the biennial primary election of each even-numbered year and the biennial general election held upon the first Tuesday in November of each even-numbered year, and on the days of City elections for City officers and on the days of such other elections as may be prescribed by rules and regulations promulgated by the Director of the Department of Alcoholic Beverages Control.
It is unlawful for any licensed retailer of alcoholic liquors to sell or deliver alcoholic liquors, or for any licensed dispenser or club to sell, deliver, serve or permit the consumption of alcoholic liquors on their licensed premises during hours other than those prescribed by this section.