§ 5.16.060. Waiver of distance requirement between licensed premises for a liquor license and church or school.

A. The council may grant a waiver of the prohibition of a licensed premises within 300 feet of a church or school pursuant to Section 60-6B-10 NMSA 1978, provided:

1.

In all zones that allow the sale or service of alcoholic beverages, the waiver is for the operation of a restaurant license as defined in the state Liquor Control Act;

2.

A waiver may be requested for the operation of any state license authorized under Chapter 60, Article 6A of the Liquor Control Act; and further provided that;

3.

The waiver will not be detrimental to the public health, safety, welfare or morals of the affected neighborhood, including residents;

B.

Any person applying for the issuance or transfer of a liquor license shall notify the village council whether the proposed licensed premises is located within three hundred feet of any church or school and whether that person will seek from the city a waiver of the distance requirement.

C.

Any person seeking a waiver for a liquor license shall apply for a waiver on a form prescribed by staff, and the Council of the Village of Los Lunas shall approve or disapprove the waiver in accordance with this section after a public hearing and prior to the approval or disapproval of the issuance or transfer of the liquor license.

D.

After receiving the application for the waiver, staff shall submit the application for waiver to the Council of the Village of Los Lunas. Council will conduct a public hearing after notice has been provided in accordance with this section and prior to the hearing on the issuance or transfer of the license. Council shall conduct this hearing and accept documentary and testimonial evidence in accordance with such rules of procedure.

E.

Notice of the public hearing shall be given in writing, at least fifteen days prior to such hearing, to the applicant and any church or school within three hundred feet of the proposed licensed premises. The notice of hearing shall set forth:

1.

The name and address of the applicant;

2.

The location of the applicant's proposed licensed premises; and

3.

That the applicant has requested a waiver of the three hundred feet distance requirement.

F.

A record shall be made of the public hearing.

G.

Council, in approving or disapproving the waiver, shall take into consideration the following:

1.

The type, attendance, hours of the church and/or school as related to the proposed license operation;

2.

Existing natural or man-made barriers or access restrictions between the proposed licensed premises and the school and/or church in question;

3.

The recommendation of the school board and/or recognized parent association in the case of a school, and the recommendation of the pastor, rabbi or other religious leader of the affected church;

4.

The consistency of such use with the educational, cultural, social, religious, civic and community character of the area in which the license or licenses would be issued;

5.

The impact of such license or licenses on other businesses, residents, schools or churches in the area in question;

6.

The number and type of other applicants and/or licensed premises in the area;

7.

Previous experience with similar licensed establishments in the area or similar areas;

8.

The impact of the license on the area, including but not limited to crime, traffic control and regulation, fire protection, planning and zoning, parking, or other village ordinances, and the impact on the village concerning the enforcement of the same;

9.

The type of structure, the exact location and the exact times of operation proposed by the applicant;

10.

Previous experience with the applicant's operation of a liquor establishment, if any;

11.

The benefit to the community or furtherance of village policy;

12.

Any other relevant information.

H.

Council shall also consider information solicited from the Police Department and the fire department. The information from those city agencies shall be provided to council at least seven days prior to the hearing on the waiver and made available to the applicant and members of the public at least five days prior to the hearing on the waiver.

I.

If council approves the waiver, council may approve or disapprove the issuance or transfer of the license.

J.

Any person aggrieved by any decision made by council as to the waiver may appeal to the district court by filing a petition in that court within 30 days from the date of the decision. The decision of council shall continue in force, pending a reversal or modification by the District Court, unless otherwise ordered by the court for good cause shown.

(Ord. 79 §§ 6, 7, 1968)

(Ord. No. 377, 7-12-2012)

Editor's note

Ord. No. 377, adopted July 12, 2012, changed the title of § 5.16.060 from violation—penalty to waiver of distance requirement between licensed premises for a liquor license and church or school.