[HISTORY: Adopted by the Town Council of the Town of Tatum as Ch. 9 of the 1984 Code. Amendments noted where applicable.]
Definitions, as used in this chapter, shall be the same as those cited in the New Mexico Liquor Control Act (NMSA § 60-3A-1 et seq.).[1]
[1]
Editor's Note: See NMSA § 60-3A-3, Definitions.
A. 
Compliance with local regulations. The sale or possession for the purpose of sale or for offering for sale, manufacture or transportation of alcoholic liquors is hereby prohibited within the municipality, except upon the terms and conditions specified in this chapter.
B. 
Compliance with state regulations. It shall be unlawful for any person, on his/her own behalf or as an agent for another person, to directly or indirectly sell, offer for sale, ship or transport into the municipality for resale any alcoholic liquors except to a resident licensed wholesaler, unless such person shall have procured a license as wholesaler from the Director of the Alcohol and Gaming Division of the Regulation and Licensing Department. It shall be a violation of this chapter for any person to deliver any alcoholic liquors for resale within the municipality unless such person has complied with the provisions of the laws of the state in every respect as to permits, quantity, shipper and consignee, and all other provisions of the laws of the state.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The following classes of persons shall be prohibited from receiving a license to sell, deliver or distribute alcoholic liquors within the municipality:
A. 
Persons who have been convicted of a felony or of any violation of this chapter or any ordinance of the municipality or statute of the state relative to the sale, manufacture or transportation of intoxicating liquor.
B. 
Any person under 21 years of age.
C. 
Any person who is not a citizen of the United States.
D. 
Any corporation which is not duly qualified to do business in the state.
E. 
Any person who has not procured from the Director of the Alcohol and Gaming Division of the Regulation and Licensing Department a retailer's license or a dispenser's license in conformity with the laws of the state.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
F. 
Any person who is not the real party in interest in the business to be conducted under the license.
G. 
Any other person not qualified under the terms of this chapter.
A. 
It shall be a violation of this chapter for any retailer to sell, serve or deliver, or for any dispenser to sell, serve, deliver or permit the consumption of any alcoholic liquor on his/her premises contrary to the days and hours set forth in NMSA § 60-7A-1.
B. 
Nothing in this section will be construed so as to prevent voters in a local option question to allow the Sunday sale of liquor by the drink only and no package sales. If the sale is allowed on Sunday, the dispenser will obtain the necessary license from the Director of the Alcohol and Gaming Division of the Regulation and Licensing Department, which will be placed in such place as may be inspected by a law enforcement officer.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
It shall be unlawful to drink or to use alcoholic liquors, or for any person who is the owner or operator to sell, serve, or furnish or permit the drinking or use of any alcoholic liquors, in any public dance hall, poolroom, bowling alley, street, state or federal building or in any other public place, except establishments having a license to dispense alcoholic liquor. It shall be unlawful to give curb service of liquor in broken packages.
It shall be unlawful for any person to serve or sell any alcoholic liquors, including beers or wine, to persons under the age of 21 or to persons of unsound mind or to habitual drunkards. It shall be unlawful for any person to permit any individual under the age of 21 years to sell or serve alcoholic liquors, including wines and beer.
A. 
Any person residing within the municipality who is the proprietor or owner of any hotel or restaurant, or any other person who shall desire to start or continue a business for the sale of alcoholic liquors, may apply for a dispenser's license for the sale of alcoholic liquors. If the application is approved by the governing body, such person shall receive a license upon payment to the Town Clerk-Treasurer of an annual fee as set from time to time by the governing body.
B. 
The license shall entitle the holder to sell alcoholic liquors by the drink or in packages containing fewer than five gallons at one regular place of business to be designated in the application for such license.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Any person who is a resident of the municipality and the proprietor or owner of any mercantile business or any person who shall desire to start or continue a business for the sale of alcoholic liquors, and who otherwise is qualified under the terms of this chapter and under the laws of the state, may apply to the governing body for a license to sell, by retail, alcoholic liquors within the limits of the municipality. If the application is approved, such person may receive the license upon payment to the Town Clerk-Treasurer of an annual fee as set from time to time by the governing body.
B. 
Such license shall entitle the holder to sell alcoholic liquors in unbroken packages containing fewer than five gallons at one regular place of business, to be designated in such license. No person licensed as a retailer of alcoholic liquors shall permit any alcoholic liquors to be drunk or consumed upon his/her premises nor shall he/she sell in any other than his/her regular place of business designated in the application for the license. All alcoholic liquors sold in packages at the retailer shall be sold in the original package of fewer than five gallons in which they are received from the wholesaler and upon which the United States tax has been paid and upon which the New Mexico tax stamp is affixed.[2]
[2]
Editor's Note: Original § 9.10, Licensing of clubs, and § 9.11, License fees for businesses in areas annexed to the municipality, of the 1984 Code, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Before the issuance of any license provided for in this chapter, the governing body shall cause a thorough investigation to be made concerning the character and integrity of the applicant and shall make a thorough investigation of the condition existing in the locality wherein the premises to be occupied by the licensee are located, so that no license shall be granted where the issuance thereof shall result in the impairment of the public health and morals of the community.
Any person applying for a license for the sale of alcoholic liquors at a location where alcoholic liquors are not being sold which is within 600 feet of a church or a school may be required by the governing body to submit the signatures of a majority of the residents within two municipal blocks of the proposed place of business affixed to a document stating that they have no objection to the granting of such license. If the applicant fails to obtain the signatures of a majority of such residents to such a petition, the license shall not be granted.
No license provided in this chapter shall be issued to any person who shall not, prior to the issuance of such license and as a condition precedent thereto, have secured from the Director of the Alcohol and Gaming Division of the Regulation and Licensing Department a license either as a dispenser or retailer.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Original § 9.15, Expiration of licenses, proration of license fees, of the 1984 Code, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Form. All applications for a license provided in this chapter shall be submitted in writing and shall be in such form as may be prescribed by the governing body and shall contain such information as shall be required by the governing body.
B. 
Bond. Applicants for dispenser's and retailer's licenses who have been granted a license by the Director of the Alcohol and Gaming Division of the Regulation and Licensing Department shall attach to their application a certified copy of the license issued by the Director to such applicant and a certified copy of the bond filed by such applicant with the Director.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
If any license is forfeited or revoked by the governing body, no such person whose license has been forfeited or revoked shall be eligible to apply for and receive a license under the provisions of this chapter for a period of one year.
Licenses issued under this chapter shall be issued on an annual basis from February 1 of each year through January 31 of the following year.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000 or by imprisonment for a period not more than one year, or both, and his/her license shall thereupon be revoked by the governing body.