Chapter 5-Article 2.- License Flashcards
Sec. 5-2-1. - Classification.
The city may approve all liquor licenses authorized by the state under the New Mexico Liquor Control Act.
Sec. 5-2-2. - Annual fee; failure to pay.
All licenses granted under this article shall be issued upon the payment of an annual fee of $250.00. All license fees shall be annual and payable in advance on or before July 1 of each year. The fee shall not be prorated. The full amount shall be due regardless of when paid. If any licensee fails or refuses to pay the license fee when due and payable or if any licensee pays by a check that is not honored and paid when presented, upon ten days’ written notice to the licensee that his license fee has not been paid, the license will be revoked unless paid within ten days after such notice is given.
Sec. 5-2-3. - Issuance, denial and revocation.
Upon receipt by the city of an application for any new liquor license within the city or for the renewal or transfer of an existing license, it shall be the duty of the city clerk to make an investigation through other city departments to determine if the applicant or licensee has complied with this chapter, the alarm devices ordinance, the building code, the fire code, the garbage and sanitation ordinances and the plumbing code and any other applicable city ordinance and to determine what, if any, charges may be pending through the police department or the municipal court against the applicant or licensee and to determine if the applicant holds a valid state license.
(b)
If the city clerk determines that the applicant or licensee is in compliance with subsection (a) of this section, that there are no charges pending against the applicant or licensee, that the applicant holds a valid state license, and that there is no other information which indicates that the granting of the license would adversely affect the public health, safety and morals of the community, the city clerk shall recommend to the city council that such application be granted and may grant a temporary license or permit until the next regular meeting of the city council.
(c)
If the city clerk, through such investigation, shall find and determine that the applicant or licensee is not in compliance with subsection (a) of this section, that charges exist against the applicant or licensee, that the applicant does not have a valid state license, or that there is other information available which would adversely affect the public health, safety and morals of the community, the city clerk may refuse to grant a temporary license and shall forward a recommendation to the city council for the grant or denial of such license as may be for the best interest of the city.
(d)
The city council shall, at its next regularly scheduled meeting or as soon thereafter as may be reasonable, by motion, either consent to or deny the granting of such license. It shall be the duty of the city clerk to notify each licensee or applicant of the date, time and place of the city council meeting at which the application for a license shall be acted upon by the council, and no application for a new license or a renewal or transfer of an existing license shall be denied unless the applicant has been given reasonable notice thereof and an opportunity to be heard and to be present in person or by counsel of his choosing. The city council shall state in its minutes the reasons which substantiate any denial of a license.
(e)
The city council may, after notice and hearing, refuse to issue a new license, may refuse to renew or transfer an existing license or may revoke an existing license for any of the following causes:
(1)
Fraud, misrepresentation or false statement contained in the application for a license.
(2)
Willful violation of this chapter.
(3)
Willful failure to comply with any violation of the provisions set forth in subsection (a) of this section which would adversely affect the public health, safety and morals of the community.
(4)
Conducting the business licensed under this article as a public nuisance or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(f)
Notice of hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be either personally served upon the licensee or applicant or mailed postage prepaid to the licensee or applicant at the last known address of the licensee or applicant at least seven days prior to the date set for such hearing.
(g)
Any person aggrieved by the decision of the city council in regard to the denial or revocation of an application or a license as provided in this section shall have the right to appeal to the district court within 30 days after the decision of the council.
Sec. 5-2-4. - Term; revocation for failure to pay fee; refund of fee.
Each license issued under this article shall expire on the June 30 next succeeding the date of issuance. Each license shall be renewed annually. The failure to pay the annual fee imposed by section 5-2-2 on or before July 1 of each year shall be cause for revocation after notice as provided in section 5-2-2. Revocation or suspension of any license shall not entitle the licensee to any refund of any portion of the license fee paid. If any license is assigned or transferred, as provided by law, no refund shall be made of any portion of the license fee paid, but such assignment or transfer shall vest in the assignee or transferee the right to operate under the license until it expires.
Sec. 5-2-5. - Citizen complaints.
When any citizen of the city has reason to believe that any liquor licensee whose premises are located within the city has done any of the things or has neglected to do any of the things or has violated any of the sections set out or designated in NMSA 1978, § 60-6C-1, which are therein declared to be grounds for suspension or revocation of a liquor license or fine of the licensee or both, such citizen may, in addition to any other remedy which may be provided by this chapter, file and lodge with the director of the department of alcoholic beverage control a complaint as provided in NMSA 1978, § 60-6C-4.
Sec. 5-2-6. - Special dispenser’s permits.
Pursuant to the procedures established in this section and by state law, any dispenser licensee may apply for a special dispenser’s permit to dispense alcoholic beverages at a public celebration or private catered event in any city zoning district.
(b)
Application for this permit is made in the same manner and is judged by the same criteria as other liquor license applications pursuant to section 5-2-3 above. If these criteria are met, the city manager may approve the issuance of the permit. Persons aggrieved by any decision of the city manager to issue or refuse to issue a permit may appeal such decision to the city council.
(c)
The fee for the issuance by the city of a special dispenser’s permit shall be $25.00.
Sec. 5-2-7. - Winer/winegrower/small brewer’s public celebration permit.
As used in this article, the term “public celebration” includes any fair, fiesta, cultural or artistic performance, professional athletic competition of a seasonal nature or activities held on an intermittent basis, or another activity which meets the requirements of state law allowing for the issuance of a public celebration permit.
(b)
Pursuant to the procedures established in this section and by state law, any licensed winer, winegrower or small brewer may apply to the city for a public celebration permit to dispense wine or beer at a public celebration in any city zoning district.
(c)
Application for this permit is made in the same manner and is judged by the same criteria as other liquor license applications pursuant to section 5-2-3 above. If these criteria are met, the city manager may approve the issuance of the permit. Persons aggrieved by any decision of the city manager to issue or refuse to issue a permit may appeal to the city council.
(d)
The fee for the issuance by the city of a winer/winegrower/small brewer public celebration permit shall be $10.00.
Sec. 5-2-36. - Designation of hearing officer.
The city council may, from time to time, designate a list of one or more hearing officers who are qualified to conduct hearings upon the issuance or transfer of liquor licenses within the city pursuant to this article.
(b)
Designation as hearing officer by the city council shall continue until terminated by the mayor with approval of the city council; until the resignation, failure, refusal or inability of a hearing officer so designated to perform the duties of such office; or until the expiration of the term of office of the mayor making such appointment, whichever shall first occur. Conflicts of interest or conflicting engagements shall not constitute failure, refusal or inability of the hearing officer to act within the meaning of this subsection.
(c)
The city clerk shall compile, keep and maintain a list in the clerk’s office of all hearing officers so designated and appointed by the city council.
(d)
All preliminary approvals by the director of the alcoholic beverage control department for the issuance or transfer of any liquor license shall be referred by the city clerk to one of such hearing officers as provided in section 5-2-38 unless the city council shall order that the matter of the issuance or transfer of a particular license shall be heard directly by the city council.
Sec. 5-2-37. - Duties of persons seeking approval; application and filing fee.
Each person seeking approval of the issuance or transfer of a liquor license shall complete an application form which shall include such reasonable information as may be required by the city clerk and shall pay to the city a fee in the sum of $300.00 for each application.
Sec. 5-2-38. - Duties of city clerk.
The city clerk shall, upon receipt of notice of preliminary approval of the issuance or transfer of a liquor license by the director of the state alcoholic beverage control department, unless otherwise ordered by the city council, immediately notify one of the hearing officers designated and approved by the city council under section 5-2-36 of such preliminary approval.
(b)
Any hearing officer so notified by the city clerk shall, within 48 hours of such notice, advise the city clerk of his ability or inability to act as hearing officer with reference to the particular issuance or transfer of a liquor license referenced in the notice by the city clerk to the hearing officer. If the hearing officer so notified fails to advise the city clerk of his ability or inability to so act within such 48-hour period or if the city clerk is advised by a hearing officer that he is unwilling or unable to act as hearing officer with reference to the license under consideration, the city clerk shall notify another hearing officer of such preliminary approval until a hearing officer designated by the city council has agreed to conduct the hearing upon the proposed issuance or transfer of the liquor license.
Sec. 5-2-39. - Duties of hearing officer.
Unless otherwise directed by the city council, the hearing officer notified as provided in section 5-2-38 shall, within 45 days after receipt by the city of a notice of preliminary approval from the director of the state alcohol and gaming division, hold a public hearing upon the question of whether or not the proposed issuance or transfer of a liquor license should be approved by the department of alcoholic beverage control.
Sec. 5-2-40. - Notice of public hearing.
Under this division, the city clerk, in cooperation with the hearing officer, shall give notice of the public hearing in the manner provided by law.
Sec. 5-2-41. - Procedure at hearing.
A person is entitled to be represented by counsel at the hearing held pursuant to this division.
(b)
Rules of evidence shall not be followed. The hearing officer may consider evidence, oral or documentary, which may be presented if such evidence is relevant and if there is some protection that the evidence is trustworthy.
Sec. 5-2-42. - Recommendation of hearing officer.
The hearing officer shall, not later than the seventh day following any hearing held by him pursuant to this division, forward to the city council his recommendation, which shall be supported by findings and conclusions, together with a record, which shall be made of such hearing as provided by law. The mayor may, upon a showing of good cause, grant additional time to the hearing officer to make such report.
Sec. 5-2-43. - Duties of city council.
The city council, within 30 days after the public hearing before the hearing officer under this division, shall:
(1)
Consider, at a public meeting of the city council, the recommendations of the hearing officer.
(2)
Approve or disapprove the proposed issuance or transfer of the liquor license.
(3)
Notify the director of the state department of alcoholic beverage control as to whether the city council has approved or disapproved the proposed issuance or transfer of the license.
(b)
If the city council disapproves the issuance or transfer of the liquor license, it shall specify the reasons for disapproval in the notification forwarded to the director of the state alcoholic beverage control department, together with a copy of the minutes of the public hearing.
