This chapter may be cited as the “alcoholic beverage control ordinance.”
(Prior code § 7-4-1)
As used in this chapter:
A. “Alcoholic beverages”
means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented (beverages), dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol, but excluding medicinal bitters.
B. “Beer”
means any 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.
C. “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, which do not contain less than one-half of one percent nor more that 21 percent alcohol by volume.
D. “Rectifier”
means any person who blends or 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 spiritous liquors.
E. “Department”
means the Department of Alcoholic Beverage Control.
F. “Director”
means the Director of the Department.
G. “Governing body”
means the mayor and elected municipal council members of the municipality.
H. “Person”
means an individual, corporation, firm, partnership, copartnership, association or other legal entity.
I. “Club”
means 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 $5.00 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.
J. “Dispense”
means any 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 both by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensed premises.
K. “Restaurant”
means any establishment having a New Mexico resident as a proprietor or manager which 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 and which 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 regulations promulgated by the director serving only hamburgers, sandwiches, salads, and other fast foods.
L. “Retailer”
means any person licensed under the provisions of the Liquor Control Act selling, offering for sale or having in his possession with the intent to sell any alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises.
(Prior code § 7-4-2)
A.
It shall be unlawful for any person on his/her own behalf or as agent for another person, except a licensed New Mexico wholesaler, rectifier or agent, or either, to sell or offer for sale any alcoholic beverages within this municipality until he/she shall have secured a municipal license for each place of business within this municipality.
B.
Prior to July 1st of each year, applications for a municipal liquor license shall be filed under oath in the town clerk-treasurer’s office. The application form shall be as approved by the board of trustees and shall contain the applicant’s state liquor license number and only such other information as is necessary for the regulation of the sale of alcoholic beverages within the municipality. Municipal liquor licenses shall expire on the thirtieth day of June, next following their date of issuance.
C.
No municipal liquor license shall be issued to any applicant who has not:
D.
Within 10 working days after an application for a municipal liquor license has been filed, the town clerk-treasurer, acting for the board of trustees, shall:
1.
Upon payment of the municipal liquor license tax to the municipality issue a receipt which shall allow the applicant to engage in business until such time as the town clerk-treasurer can issue the proper municipal liquor license; or
F.
A municipal liquor license shall authorize a licensee to do business only if the state liquor license pursuant to which it was issued remains valid; provided however, that a licensee who shall have obtained a reclassification or conversion of a state dispenser’s license to a retailer’s license, or vice versa, shall be authorized to continue under such municipal liquor license if he/she shall, within 15 days after receiving notice of such reclassification or conversion, provide written notification to the town clerk-treasurer who shall thereupon issue an appropriate municipal liquor license upon the payment of any tax that may be due as provided in subsection (D) of this section.
(Prior code § 7-4-3)
A.
There is hereby imposed a municipal liquor license tax upon the privilege of persons holding club, dispenser’s, retailer’s or restaurant’s licenses under the provisions of the Liquor Control Act of New Mexico (Sections 60-3A-1 through 60-8A-19 NMSA 1978, Chapter 39 Laws of 1981) to operate within the municipality as a club, dispenser, retailer or restaurant.
B.
Every applicant for a municipal liquor license required by the provisions of this chapter and every applicant, before receiving the same, shall pay to the town clerk-treasurer on or before July 1st of each year the following designated municipal license tax:
C.
The municipal liquor license tax period shall begin on July 1st of each year and shall end June 30th of the following year.
D.
No deferred installment shall be permitted unless and as provided by the board of trustees; provided, however, that no bond shall be required to secure payment of the deferred installments and the remedy for the collection thereof shall be as provided in MTC § 5.15.070.
E.
If any dispenser’s license is reclassified or converted to a retailer’s license, or vice versa, as provided by statute, any refund or payment due shall be determined by taking the tax period quarter next following the quarter during which the reclassification or conversion became effective and calculating:
1.
The tax due on the new state liquor license; and
2.
The tax which would have been due on the reclassified or converted state liquor license had it been issued during such quarter.
If subsection (E)(1) of this section is greater than subsection (E)(2) of this section, the licensee shall pay the difference to the municipality; if subsection (E)(2) of this section is greater than subsection (E)(1) of this section, the municipality shall pay the difference to the licensee. The tax period quarters used for the purpose of this subsection shall be provided in MTC § 5.15.060.
(Prior code § 7-4-4; Ord. 93-03)
The revocation or suspension by the state of any club, dispenser’s, retailer’s or restaurant’s license or by the municipality of a municipal license shall not entitle the licensee to the refund of any portion of any municipal license tax which such licensee had paid or relieve such licensee of the obligation for the payment of any deferred installment thereof.
(Prior code § 7-4-5)
In case of the transfer of any license under the provisions of Section 60-6B-3 NMSA, Chapter 39, Laws of 1981, no refund shall be made to the original licensee for the unexpired portion of such license, but such transfer shall vest in the transferee the right to operate under the municipal liquor license tax so paid by the original licensee for the period covered by the paid tax and to pay any balance of such tax upon the same terms and conditions as if such transferee were the original lessee.
(Prior code § 7-4-6)
The municipal liquor license tax herein required of clubs, dispensers, retailers and restaurants shall be prorated so that licensee issued prior to the first day of October of any year shall be subject to the full amount of the annual tax; licenses issued on or subsequent to the first day of October and prior to the first day of January, following, shall be subject to three-fourths of the annual tax; licenses issued on or subsequent to the first day of January and prior to the first day of April of a year shall be subject to one-half of the annual tax; licenses issued on or subsequent to the first day of April shall be subject to one-fourth of the annual tax.
(Prior code § 7-4-7)
A.
No club, dispenser, retailer or restaurant shall operate in the municipality without having paid the municipal liquor license tax required by this chapter.
B.
The marshal, upon the written order of the board of trustees, duly entered shall forthwith close up the place of business of any club, dispenser, retailer or restaurant who has not tendered the municipal license tax according to the terms of this chapter.
(Prior code § 7-4-8)
A.
Application. Any person holding a New Mexico alcoholic beverage dispenser’s license of any type shall apply to the board of trustees for a special permit to dispense alcoholic beverages at a public celebration within the town of Mesilla. Applicant must also have a permit issued by the Department of Alcoholic Beverage Control prior to the event.
B.
Fees. Applicant shall submit a fee of $10.00 for each day of the event to the town of Mesilla at time of application.
C.
Location. Any person holding a dispenser’s license in the town of Mesilla wishing to serve alcoholic beverages outside his normal licensed premises at a public celebration shall apply for a special permit.
(Prior code § 7-4-9; Ord. 91-10)