City of Albuquerque
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File #: O-15-41   
Type: Ordinance Status: Enacted
File created: 2/18/2015 In control: City Council
Final action: 5/4/2015
Enactment date: 5/20/2015 Enactment #: O-2015-017
Title: Amending The City Of Albuquerque Code Of Ordinances Section 13-2-4 Pertaining To The Waiver Of Distance Requirement Between Licensed Premises For A Liquor License And School (Benton, by request)
Attachments: 1. O-41, 2. O-41Enacted
Date Action ByActionResultAction Details
5/20/2015 City Clerk Published  Action details
5/19/2015 Mayor Signed by the Mayor  Action details
5/11/2015 City Council Sent to Mayor for Signature  Action details
5/4/2015 City Council PassedPass Action details
4/20/2015 City Council Accepted with a Recommendation Do Pass  Action details
4/15/2015 Land Use, Planning, and Zoning Committee Sent to Council with a recommendation of Do PassPass Action details
2/18/2015 City Council Introduced and Referred  Action details
2/18/2015 President Referred  Action details
CITY of ALBUQUERQUE
TWENTY-FIRST COUNCIL


COUNCIL BILL NO. O-15-41 ENACTMENT NO. ________________________

SPONSORED BY: Isaac Benton, by request


ORDINANCE
title
Amending The City Of Albuquerque Code Of Ordinances Section 13-2-4 Pertaining To The Waiver Of Distance Requirement Between Licensed Premises For A Liquor License And School (Benton, by request)
body
AMENDING THE CITY OF ALBUQUERQUE CODE OF ORDINANCES SECTION 13-2-4 PERTAINING TO THE WAIVER OF DISTANCE REQUIREMENT BETWEEN LICENSED PREMISES FOR A LIQUOR LICENSE AND SCHOOL.
WHEREAS, the State pursuant to Section 60-6B-10 NMSA 1978 restricts the issuance of liquor licenses within three hundred feet of a school, but allows local option districts such as the City of Albuquerque to create criteria and grant waivers to this restriction where appropriate; and
WHEREAS, currently the City of Albuquerque strictly limits such waivers to restaurant licenses, small brewer's licenses, and winegrower's licenses, unless the premises is located within the Downtown Arts & Entertainment District; and
WHEREAS, infill development, especially in designated activity centers and along transit corridors, that includes alcohol sales as a use may be hampered by the locations of existing post-secondary schools, which are also appropriate uses in these locations; and
WHEREAS, redevelopment efforts, most often within and near Metropolitan Redevelopment Areas, often involve alcohol sales as a use, and may be hampered by the locations of existing post-secondary schools; and
WHEREAS, changes in the economy and urbanization have led to the placement of post-secondary schools in unusual real estate sites such as shopping centers and office buildings where alcohol sales have traditionally been permitted; and
WHEREAS, New Mexico Courts have recognized the purposes of the statutory prohibition on liquor establishments within three hundred feet of a school as necessary to protect childre...

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