CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL
COUNCIL BILL NO. R-22-29 ENACTMENT NO. ________________________
SPONSORED BY: Bassan, Davis, Lewis
RESOLUTION
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Staying Enforcement Of The Provisions Of The Alcoholic Liquor Ordinance That Limit The Availability Of Public Celebration Permits To Certain License Holders (Bassan, Davis, Lewis)
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STAYING ENFORCEMENT OF THE PROVISIONS OF THE ALCOHOLIC LIQUOR ORDINANCE THAT LIMIT THE AVAILABILITY OF PUBLIC CELEBRATION PERMITS TO CERTAIN LICENSE HOLDERS.
WHEREAS, the City administers an alcoholic liquors ordinance under its authority as a New Mexico Local Option District (ROA 1991 § 13-2-1 et. seq., the “Alcoholic Liquor Ordinance”); and
WHEREAS, the Alcoholic Liquor Ordinance provides a process for approval of Special Dispenser Permits for Public Celebrations held in the City; and
WHEREAS, the Special Dispenser Permit process outlined within the Alcoholic Liquor Ordinance does not presently account for developments at the State level relating to small brewers, winegrowers, and distillers licenses; and
WHEREAS, one such instance is that the Alcoholic Liquor Ordinance effectively prohibits small brewers, winegrowers, and distillers from serving at public celebrations in the City if the location of their permanent license is not also within the City limits; and
WHEREAS, no such limitation exists at the State level for these types of licensees; and
WHEREAS, this limitation can have the effect of impeding cultural, seasonal, or charitable events to be held in the City when proposed in collaboration with small brewers, winegrowers, or distillers from outside the City; and
WHEREAS, the purpose of this resolution is to stay enforcement of this limitation while the city develops appropriate updates to its Alcoholic Liquor Ordinance.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. Enforcement of the provisions within ROA 1994 § 13-2-6 (A) and (B) limiting special dispenser permits for public celebrations to persons holding a “dispenser’s license in the city” is stayed for public celebration requests by small brewers, winegrowers, and distillers; the City may approve public celebrations for these types of licensees even if their permanent licensed location is outside the City.
Section 2. The stay of enforcement prescribed in Section 1, above, will expire twelve months from the date of enactment of this resolution, or upon the enactment of related updates to the Alcoholic Liquor Ordinance, whichever occurs first.
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