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.
BEER
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.
BREWER
A person who owns or operates a business for the manufacture
of beer.
CLUB
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.
DIRECTOR
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.
DISPENSER
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.
DISTILLER
A person engaged in manufacturing spirituous liquors.
HOTEL
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.
MINOR
A person under the age of 21 years of age.
PACKAGE
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.
PERSON
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.
RECTIFIER
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.
RESTAURANT
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.
RETAILER
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.
WHOLESALER
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.
WINE
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.
WINEGROWER
A person who owns or operates a business for the manufacture
of wine.
WINERY
A facility in which a winegrower manufactures and stores
wine.
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.
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.