City of Albuquerque - File #: O-15-41

• 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)
• Sponsors: Isaac Benton (By Request)

Date	Action By	Action	Result
5/20/2015	City Clerk	Published
5/19/2015	Mayor	Signed by the Mayor
5/11/2015	City Council	Sent to Mayor for Signature
5/4/2015	City Council	Passed	Pass
4/20/2015	City Council	Accepted with a Recommendation Do Pass
4/15/2015	Land Use, Planning, and Zoning Committee	Sent to Council with a recommendation of Do Pass	Pass
2/18/2015	City Council	Introduced and Referred
2/18/2015	President	Referred

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...