[HISTORY: Adopted by the Mayor and Council of the Village of Bosque Farms as Sec. 5-3 of the 1980 Code. Amendments noted where applicable.]
Liquor licenses — See Sec. 5-2.
To assist in protecting the public health, welfare, and safety in the Village of Bosque Farms, the operators of liquor establishments and public dances shall provide security personnel per the requirements of this code.
As used in this Section 5-3, the following terms shall have the meanings indicated. The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
- LIQUOR ESTABLISHMENT
- Any business licensed by the Department of Alcoholic Beverage Control of the State of New Mexico for the sale of alcoholic liquors at retail; or any fair or public celebration for which a special dispenser's permit has been issued per NMSA § 60-6A-12.
- Any person or persons who are responsible for, own, lease, control, or manage any liquor establishment or public dance.
- A body organized for some specific purpose as a club, union, society, or other publicly recognized group.
- Each patron, customer, guest, invitee, and person present in a liquor establishment or at a public dance, whether or not he or she is partaking of alcoholic beverages or is dancing. Bona fide employees or volunteers working for the operator are exempted from this definition.
- PUBLIC DANCE
- Any dance to which the public generally is invited and any dance limited to members of an organization, whether or not any charge is made, directly or indirectly, by or for the operator of such dance.
- SECURITY PERSONNEL
- A person 21 years of age or older in reasonable health and of good moral character who complies with and is capable of carrying out the provisions of this Section 5-3.
The following number of security personnel shall be provided by the operator when the following number of patrons are present in a liquor establishment:
The following number of security personnel shall be provided by the operator when the following number of patrons are present at a public dance:
The minimum number of security personnel required as noted in § 5-3-3 above shall not be summed for "combination" events (such as public dances at liquor establishments), but shall be based on the number of security personnel required for liquor establishments.
When deemed necessary to suitably preserve law and order and protect the public health, welfare, and safety in the Village, the Mayor and/or the Chief of Police may require security personnel in excess of the numbers noted in § 5-3-3 above for any event.
Security personnel shall assist in protecting the public health, welfare, and safety and assist in upholding the laws of the State of New Mexico and the Village of Bosque Farms at public dances and liquor establishments within the Village of Bosque Farms when on duty as security personnel.
Security personnel shall obey lawful orders and/or directives of police officers and shall assist police officers when requested.
Security personnel shall have no other duties such as, but not limited to, bartender, ticket taker, etc., and shall only be employed to assist in maintaining peace and order on the premises.
Security personnel may either be paid or volunteer.
Security personnel shall be obtained by the operator of liquor establishments and public dances at the operator's expense.
Any Village police officer may inspect any liquor establishment or public dance at any time the same is operating, and if he determines that the required number of security personnel are not present and performing their duties, he may require the operator to either close the liquor establishment or dance or to require sufficient patrons to leave the premises to result in compliance with this Section 5-3.
Security personnel may or may not be deputized as Village police officers by the Chief of Police and Mayor as deemed necessary and in compliance with state law.
Security personnel shall be under the direct employ and supervision of the operators of the respective liquor establishments and/or public dances and shall be "on duty" within the establishment or location of the dance from opening to closing of any specific event or during hours when the number of patrons are present as noted in § 5-3-3 above.
The operators of liquor establishments and public dances shall hold harmless the Village of Bosque Farms, Village employees, and Village officials regarding any actions taken by any and all security personnel employed by or as volunteers working for the operators when the security personnel are upholding the requirements of this Section 5-3. The operators of liquor establishments and public dances shall provide suitable evidence of compliance with this Section 5-3 as required by the Village. The Tort Claims Act of the State of New Mexico, as revised (NMSA 1978, § 41-4-1 et seq.), and other state and federal laws affecting Village liability shall be considered when reviewing suitable compliance with this Section 5-3.