[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.]
GENERAL REFERENCES
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:
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.
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:
Is operated solely for recreation, social, patriotic, political,
benevolent or athletic purposes; and
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.[1]
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.
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.
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.
Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A,
NMSA 1978.
[2]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.
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.[3]
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.
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.
A person who owns or operates a business for the manufacture
of wine.[4]
A facility in which a winegrower manufactures and stores
wine.[5]
[1]
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).
[2]
Editor's Note: Added at time of adoption of Code (see Section
1-1).
[3]
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).
[4]
Editor's Note: The definition of "winer," which immediately
followed this subsection, was repealed at time of adoption of Code
(see Section 1-1).
[5]
Editor's Note: Added at time of adoption of Code (see Section
1-1).
A.
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.
B.
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.
C.
The provisions of Section 35 of the Liquor Control Act (NMSA 1978,
§ 60-6A-18) shall not apply to club licenses.
D.
Clubs shall meet the requirements of NMSA 1978, § 60-7A-13,
Sales by clubs.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
B.
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.
C.
A person issued a winegrower's license must meet the requirements
as set forth in Section 10-1, Zoning, of the Village Code.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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:
B.
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.
C.
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.[1]
[1]
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).
A.
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.
B.
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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
A.
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.
B.
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."
C.
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:
(1)
At
least one year has passed; and
(2)
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.
D.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
A.
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.
B.
The annual license tax for the Village is $250.
C.
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:
(1)
In full payment of the aggregate amount of annual license tax due
and owing to accompany any such application for license.
(2)
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.
D.
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.
E.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Section
1-1).
