[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:
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.
A.Â
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.
B.Â
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]
A.Â
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:
B.Â
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.
C.Â
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.
D.Â
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]
A.Â
It is a violation of this section for any person licensed pursuant
to the provisions of the Liquor Control Act,[2] 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:
(1)Â
Sell, serve, or give any alcoholic beverages to a minor or to permit
a minor to consume alcoholic beverages on the licensed premises;
(2)Â
Buy alcoholic beverages or to procure the sale or service of alcoholic
beverages to a minor;
(3)Â
Deliver alcoholic beverages to a minor; or
(4)Â
Aid or assist a minor to buy, procure or be served with alcoholic
beverages.
[2]
Editor's Note: See NMSA 1978, § 60-3A-1 et seq.
B.Â
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.
C.Â
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.
D.Â
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:
(1)Â
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
(2)Â
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.
E.Â
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[1] 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.
[1]
Editor's Note: See NMSA 1978, § 60-3A-1 et seq.
A.Â
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.
B.Â
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.
