[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms by Ord. No. 2008-10 (Sec. 5-2 of the 1980 Code). Amendments noted where applicable.]
Security personnel — See Sec. 5-3.
These regulations shall be known as the "Liquor License Ordinance of the Village of Bosque Farms, New Mexico," and shall be referred to herein as "this Section 5-2."
The sale or possession, for the purpose of sale, offering for sale, or the manufacture or transportation of alcoholic beverages is hereby prohibited within the Village, except on the conditions provided for in this Section 5-2.
For the purpose of this Section 5-2, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- ALCOHOLIC BEVERAGES
- Distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal Internal Revenue strip stamps or any similar alcoholic beverages, including blended and fermented beverages, dilutions or mixtures of one or more of the foregoing, containing more than 1/2 of 1% alcohol, but excluding medicinal bitters.
- An alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops, or other cereals in water and includes porter, beer, ale and stout.
- A person who owns or operates a business for the manufacture of beer.
- A. 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 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:
- (1) Is operated solely for recreation, social, patriotic, political, benevolent or athletic purposes; and
- (2) Has been granted an exemption by the United States from the payment of the federal income tax as a club under the provisions of Section 501(a) of the Internal Revenue Code of 1986, as amended, or, if the applicant has not operated as a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the Director a sworn letter of intent declaring that it will, in good faith, apply for such exemption as soon as it is eligible.
- The Director of the Special Investigations Division of the Department of Public Safety when the term is used in reference to the enforcement and investigatory provisions of the Liquor Control Act; and the Director of the Alcohol and Gaming Division of the Regulation and Licensing Department when the term is used in reference to the licensing provisions of the Liquor Control Act.
- A person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his possession with intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensed premises.
- A person engaged in manufacturing spirituous liquors.
- GOVERNING BODY
- The Mayor and Council of the Village of Bosque Farms.
- An establishment or complex having a resident of New Mexico as a proprietor or manager and where, in consideration of payment, meals and lodging are regularly furnished to the general public. The establishment or complex must maintain for the use of its guests a minimum of 25 sleeping rooms.
- LICENSED PREMISES
- The contiguous area(s) connected by indoor passageways of a structure and the outside dining, recreation and lounge areas of the structure that are under the direct control of the licensee and from which the licensee is authorized to sell, serve, or allow the consumption of alcoholic beverages under the provisions of its license; provided that in the case of a restaurant, including a restaurant that has operated continuously in two separate structures since July 1, 1987, and that is located in a local option district that has voted to disapprove the transfer of liquor license into that local option district, hotel, golf course or racetrack, "licensed premises" includes all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel, golf course or racetrack.
- LOCAL OPTION DISTRICT
- A county that has voted to approve the sale, serving or public consumption of alcoholic beverages or any incorporated municipality that falls within a county that has voted to approve the sale, serving or public consumption of alcoholic beverages under the terms of the Liquor Control Act or any former act.
- A distiller, rectifier, brewer or winer.
- A person under the age of 21 years of age.
- An immediate container of alcoholic beverages that is filled or packed by a manufacturer or wine bottler for sale; any container or receptacle for the purpose of containing any alcoholic beverages, beer or wine, as marked by the manufacturer or wine bottler to wholesalers.
- An individual, corporation, firm, partnership, copartnership, association or other legal entity.
- PUBLIC CELEBRATION
- Includes any state fair, county fair, community fiesta, cultural or artistic performance or professional athletic competition of a seasonal nature or activities held on an intermittent basis.
- A person who blends, mixes or distills alcohol with other liquids or substances for the purpose of making an alcoholic beverage for the purpose of sale other than to the consumer by the drink, and includes all bottlers of spirituous liquors.
- An establishment having a New Mexico resident as a proprietor or manager that 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 that has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals; provided that "restaurant" does not include establishments, as defined in rules promulgated by the Director, serving only hamburgers, sandwiches, salads and other fast foods.
- A person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his possession with the intent to sell alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises.
- A person whose place of business is located in New Mexico and who sells, offers for sale or possesses for the purpose of sale alcoholic beverages for sale by the purchaser.
- Includes the words "fruit juices" and means alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, that do not contain less than 1/2 of 1% nor more than 21% alcohol by volume.
- WINE BOTTLER
- A New Mexico wholesaler who is licensed to sell wine at wholesale for resale only and who buys wine in bulk and bottles it for wholesale resale.
Editor's Note: The definitions of "commission" and "department," which immediately followed this subsection, were repealed at time of adoption of Code (see Section 1-1).
Editor's Note: Added at time of adoption of Code (see Section 1-1).
Editor's Note: The definition of "spiritous liquors," which immediately followed this subsection, was repealed at time of adoption of Code (see Section 1-1).
Editor's Note: The definition of "winer," which immediately followed this subsection, was repealed at time of adoption of Code (see Section 1-1).
Editor's Note: Added at time of adoption of Code (see Section 1-1).
In any local option district, a club qualified under the provisions of the Liquor Control Act may apply for and be issued a club license.
Club licenses shall not be transferred from one owner to another. A club license may be transferred from one location to another upon compliance with the provisions of the Liquor Control Act. A club license shall not be leased.
The provisions of Section 35 of the Liquor Control Act (NMSA 1978, § 60-6A-18) shall not apply to club licenses.
Clubs shall meet the requirements of NMSA 1978, § 60-7A-13, Sales by clubs.
In any local option district, a person qualified under the provisions of the Liquor Control Act may apply for and be issued a dispenser's license for the sale of alcoholic beverages.
A dispenser's license, when issued, shall be used by the person to whom the license is issued and shall only be used within the licensed premises, pursuant to the provisions of the Liquor Control Act.
In addition to the state fee and if previously provided for by ordinance, the governing body of the local option district in which the public celebration is held may charge an additional fee not to exceed $25 per day for each day the permittee dispenses alcoholic beverages. The permittee shall be subject to all state laws and regulations and all local regulations regulating dispenser's privileges and disabilities.
Any person holding a dispenser's license may be issued a special dispenser's permit by the Director allowing the dispensing of alcoholic beverages at a function catered by that business, provided that the governing body of the local option district has given the person seeking the permit written approval to dispense alcoholic beverages at the catered function. The permit shall be valid for no more than 12 hours. To apply for the permit, the holder of a dispenser's license shall submit a fee of $25, together with such information as the Director may require. The permittee shall be subject to all state laws and regulations and all local regulations, except that the permittee shall not be required to suspend the dispensing of alcoholic beverages at the licensed premises solely because of the issuance of the special dispenser's permit.
The person holding a dispenser's license and his employees shall be the only persons permitted to dispense alcohol during the function for which the permit was sought. Issuance of the special dispenser's permit is within the Director's discretion and is subject to any reasonable requirements imposed by the Director.
Any person holding a dispenser's license in a local option district in which Sunday sales of alcoholic beverages are not otherwise permitted pursuant to the Liquor Control Act may dispense beer and wine on Sunday at any public celebration for which it has received a concession from the governing body in charge of the public celebration, provided that the governing body of that local option district has by resolution expressly permitted such beer and wine sales on Sunday at that public celebration in accordance with the provisions of this section.
At any time after the effective date of the Liquor Control Act, a local option district may approve the issuance of restaurant licenses for the sale of beer and wine by holding an election on that question pursuant to the procedures set out in NMSA 1978, § 60-5A-1. The election also may be initiated by a resolution adopted by the governing body of the local option district without a petition from registered qualified electors having been submitted.
After the approval of restaurant licenses by the registered qualified electors of the local option district and upon completion of all requirements the Liquor Control Act for the issuance of licenses, a restaurant located or to be located within the local option district may receive a restaurant license to sell, serve or allow the consumption of beer and wine, subject to the requirements and restrictions of NMSA 1978, §§ 60-6A-4B(1) through (8), 60-6A-4C and D.
In any local option district, a person qualified under the provisions of the Liquor Control Act may apply for and be issued a retailer's license for the sale of alcoholic beverages.
A retailer's license, when issued, shall only be used by the person to whom the license is issued and shall only be used within the licensed premises, pursuant to the provisions of the Liquor Control Act.
Exempt from the procurement of any other license pursuant to the terms of the Liquor Control Act, but not from the procurement of a winegrower's license, is any person in this state who produces wine. Except during periods of shortage or reduced availability, at least 50% of a winegrower's overall annual production of wine shall be produced from grapes or other agricultural products grown in this state pursuant to rules adopted by the Director; provided, however, that, for purposes of determining annual production and compliance with the fifty-percent-New-Mexico-grown provision of this subsection, the calculation of a winegrower's overall annual production of wine shall not include the winegrower's production of wine for out-of-state wine producer license holders.
A person issued a winegrower's license pursuant to this section may do any of the provisions as set forth in NMSA 1978, § 60-6A-11.
A person issued a winegrower's license must meet the requirements as set forth in Section 10-1, Zoning, of the Village Code.
It is a violation of the Liquor Control Act and this Section 5-2 for any person to consume alcoholic beverages in any public establishment unless the establishment is licensed to sell and serve alcoholic beverages.
It is a violation of the Liquor Control Act and this Section 5-2 for any person not a licensee to sell, serve or permit the consumption of alcoholic beverages in his public establishment or private club.
It is unlawful to drink or consume alcoholic beverages, or for any person who is the owner or proprietor to sell, serve, furnish or permit the drinking or consumption of alcoholic beverages at any public dance, poolroom, 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 beverages. It is unlawful for any licensee to give any kind of "curb service" of alcoholic beverages, except in unbroken packages, outside of the building on the premises at which the licensee's business is operated, except to customers seated at tables.
The maximum number of licenses to be issued under the provisions of NMSA 1978, §§ 60-6A-2 and 60-6A-3 shall be as follows: in an incorporated municipality, not more than one dispenser's or one retailer's license, including canopy licenses which are replaced by dispenser's licenses as provided in NMSA 1978, § 60-6B-16, for each 2,000 inhabitants or major fraction thereof.
For the purpose of this section, the number of inhabitants of a local option district shall be determined by annual population estimates published by the Economic Development Department.
Any person licensed pursuant to the provisions of the Liquor Control Act and this Section 5-2 or any employee, agent or lessee of that person who permits a minor to enter and remain in any area of a licensed premises that is prohibited to the use of minors is guilty of a violation of the Liquor Control Act and this Section 5-2.
A minor shall not enter or attempt to enter any area of a licensed premise that is posted or otherwise identified as being prohibited to the use of minors, except as authorized by regulation or as necessitated by an emergency. A person who violates the provisions of this subsection is guilty of a petty misdemeanor and shall be punished pursuant to the provisions of NMSA 1978, § 31-19-1.
It shall be unlawful for any club, retailer, dispenser, bartender, waiter, or servant or employee of any club, retailer or dispenser, or for any taxi driver, hotel employee or any other person, except the parent or guardian or spouse of any minor or adult person into whose custody any court has committed such minor for the time, outside of the actual, visible personal presence of such minor's parent, guardian, spouse or the adult person into whose custody any court has committed such minor for the time, to do any of the following acts:
It shall be unlawful for any minor to buy, attempt to buy, receive, possess or permit himself to be served with any alcoholic beverages except when accompanied by his parent, guardian, adult spouse or an adult person into whose custody he has been committed for the time by a court, who is present at the time the alcoholic beverages are bought or received by him or possessed by him or served or delivered to him.
Any person, not a minor, who deceives another person to believe that a minor is legally entitled to be sold, served or delivered alcoholic beverages has violated this section.
Editor's Note: Original Subsection D, defining the term "minor," which immediately followed this subsection, was repealed at time of adoption of Code (see Section 1-1).
It shall be unlawful for any person to permit any person under the age of 21 years to sell or serve alcoholic beverages, including wines and beer.
It shall be unlawful for any retailer or dispenser knowingly to employ any person under the age of 21 years in the sale or service of alcoholic beverages. A person holding a dispenser's, restaurant or club license may employ persons 19 years of age or older to sell or serve alcoholic beverages in an establishment that is held out to the public as a place where meals are prepared and served and the primary source of revenue is food, and where the sale or consumption of alcoholic beverages is not the primary activity, except that a person under the age of 21 years of age shall not be employed as a bartender.
The licenses of retailers of alcoholic beverages shall allow them to sell and deliver alcoholic beverages, and the licenses of dispensers of alcoholic beverages and club liquor licenses shall allow them to sell, serve, deliver and permit the consumption of alcoholic beverages on their licensed premises on Mondays from 7:00 a.m. until 12:00 midnight, on Tuesdays through Saturdays from after 12:00 midnight of the previous day until 2:00 a.m., then from 7:00 a.m. until 12:00 midnight, and on Sundays only after 12:00 midnight of the previous day until 2:00 a.m. Dispenser's, 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 Village elections for Village 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 Beverage Control.
A dispenser's or restaurant licensee or club may, upon payment of an additional fee of $100, obtain a permit to sell, serve or permit the consumption of alcoholic beverages by the drink on the licensed premises on Sundays, subject to approval obtained pursuant to the process set forth in Subsection C of this section. Alcoholic beverages may be sold, served and consumed from 11:00 a.m. until 12:00 midnight as set forth in the licensee's Sunday sales permit, except as otherwise provided for a restaurant licensee in NMSA 1978, § 60-6A-4. The Sunday sales permit shall expire on June 30 of each year and may be renewed from year to year upon application for renewal and payment of the required fee. The permit fee shall not be prorated. Sales made pursuant to this subsection shall be called "Sunday sales."
Sunday sales pursuant to the provisions of Subsection B of this section are permitted in a local option district that voted to permit them. If in that election a majority of the voters in a local option district voted "no" on the question "Shall Sunday sales of alcoholic beverages by the drink for consumption on the licensed premises of licensees be allowed in this local option district?", Sunday sales are unlawful in that local option district upon certification of the election returns unless the provisions of NMSA 1978, § 60-7A-1J apply. The question shall not again be placed on the ballot in that local option district until:
At least one year has passed; and
A petition is filed with the local governing body bearing the signatures of registered qualified electors of the local option district equal in number to 10% of the number of votes cast and counted in the local option district for Governor in the last preceding general election in which a Governor was elected. The signatures on the petition shall be verified by the clerk of the county in which the local option district is situated.
It is unlawful for any licensed retailer of alcoholic beverages to sell or deliver alcoholic beverages, or for any licensed dispenser or club to sell, deliver, serve or permit the consumption of alcoholic beverages, on their licensed premises during hours other than those prescribed by this section.
Municipalities within or composing local option districts may impose an annual, nonprohibitive municipal license tax upon the privilege of persons holding state liquor licenses under the provisions of the Liquor Control Act to operate within such municipalities as retailers, dispenser licensees, restaurant licensees or club licensees.
The annual license tax for the Village is $250.
The license tax imposed by this section shall be paid either in cash or by certified draft to the Planning and Zoning Administrator/Officer as provided prior to the sale by any such licensee of alcoholic beverages within the Village, such tax to be payable as follows:
In full payment of the aggregate amount of annual license tax due and owing to accompany any such application for license.
In lieu of full payment, a licensee may elect in writing to pay such annual license tax in equal semiannual installments payable on or before June 30 and on or before December 31 of each and every year.
Any person holding a retailer's, dispenser's or club license from the Department of Alcoholic Beverage Control and desiring to pay the license tax imposed by this section shall file with the Planning and Zoning Administrator/Officer a duplicate copy of the original application filed with and approved by the Department of Alcoholic Beverage Control. The application shall be accompanied by cash or a certified draft in full for the annual license fee or, in lieu thereof, if the applicant so elects to pay by semiannual installments, in a sum equal to 50% of such annual license tax. Upon the filing of an application as herein provided and payment in full or, the respective pro rata semiannual installment of annual license tax as shall be due and owing, it shall be the duty of the Planning and Zoning Administrator/Officer to issue a license to such applicant for one year or for 1/2 year as the case may be, evidencing payment of such license tax in accordance with the provisions of this section.
Upon default in the payment in any such semiannual installment of annual license tax as herein provided, said license shall be deemed to have expired.
Licenses may be suspended or revoked in accordance with NMSA 1978, § 60-6C-1.
Any person violating any of the provisions of this Section 5-2 shall, upon conviction, be subject to a fine not exceeding $500 or imprisonment for a period not exceeding 90 days, or both such fine and imprisonment. Violations continued for a period of 15 days after conviction shall be prosecuted and treated as a separate offense.
Adoption of this Section 5-2 shall not affect nor prevent any pending or future prosecution of, or action to abate, any existing violation of this Section 5-2 if the violations is also a violation of the provisions of this Section 5-2. The repealer shall not be construed to revive any ordinance or resolution, or part thereof, heretofore repealed.