Ordinance 2005-03
LIQUOR CONTROL
ADOPTION TILTE 3 CHAPTER 3 SECTION 1-5
WHEREAS, the Village Council of the Village of Capitan, New Mexico is
charged with making laws to protect the safety, health and welfare of
the Village and its citizens, and;
WHEREAS, to adopt the liquor control, to allow the Village to utilize
funds for the DWI Program;
WHEREAS, the of New Mexico requires a liquor control ordinance for the
safety, health and welfare of the Village and its citizens;
NOW, THEREFORE BE IT ORDAINED by the Governing Body of the Village of
Capitan, in the County of Lincoln, State of New Mexico in its Regular
Meeting this 8th day of January, 2005, that;
Ordinance 2005-0_ Title 3 Chapter 3 Sections 1-5 LIQUOR CONTROL
is hereby adopted to read as set forth herein.
This Ordinance shall take effect on February 03, 2005.
PASSED, APPROVED AND ADOPTED this 18th day of January, 2005.
VILLAGE OF CAPITAN
COUNTY OF LINCOLN
STATE OF NEW MEXICO
Steven M. Sederwall, Mayor
ATTEST:
Anna Gail Grassie, Village Clerk/ Treasurer
CHAPTER 3
LIQUOR CONTROL
SECTION:
3-3-1 Purpose
3-3-2 License Required
3-3-3 Required Conditions; Fee
3-3-4 Application for License
3-3-5 Special License; Public Celebrations
3-3-1 PURPOSE: The sale of all intoxicating
liquors in the Village shall be licensed, regulated and controlled so
as to protect the public health, safety and morals of the inhabitants
of the Village.
3-3-2 LICENSE REQUIRED: The sale, possession,
for the purpose of selling, and the offering for sale of alcoholic
liquors is hereby prohibited, except by persons duly licensed within
the Village and upon the conditions specified in this Chapter.
3-3-3 REQUIRED CONDITIONS; FEE:
A. Established: Any person who meets all requirements
and who shall have procured a license from the State for the sale of
intoxicating liquors, may be granted a dispenser’s license for the sale
of alcoholic liquors in broken packages or by the drink to be consumed
on the premises where sold and/or as a retailer for the sale of
alcoholic liquors in unbroken packages, not to be consumed on the
premises where purchased and for a restaurant license for the sale of
beer and wine in licensed premises, upon making application therefore
and paying to the Village Clerk/Treasurer the fee of two hundred fifty
dollars ($250.00) for the license.
B. Prorated Fee: License fees shall be prorated so
that a license issued prior to the first day of October of each year
shall be subject to the full amount of the annual fee. Licenses
issued subsequent to the first day of October and prior to the first
day of January each year shall be subject to three-fourths (3/4) of the
annual fee. A license issued subsequent to January 1 and prior to
April 1 of each year, shall be subject to one-half (1/2) of the annual
license fee. Licenses issued subsequent to April 1 of each year
shall be subject to one-fourth (1/4) of the annual fee. No
license shall be granted until the full fee therefore to June 30
following shall have been paid in advance.
3-3-4 APPLICATION FOR LICENSE: All persons not
having an existing liquor license and who desire a license to sell
alcoholic liquors in the Village shall file an application with the
Village Clerk/Treasurer stating the location of the proposed place of
business, the kind of license desired by the applicant, and the date on
which he intends to commence business. The application shall be
accompanied by the required license fee to cover the period of time
from the date of the application to June 30 following. The
application shall be accompanied by sufficient evidence showing that
the applicant has complied with the laws of the State with reference to
procuring a proper license from the State for the sale of intoxicating
liquors.
3-3-5 SPECIAL LICENSE; PUBLIC CELEBRATIONS: Any
person holding a dispenser’s license may dispense intoxicating liquors
at any fair or other public celebration held within the limits of the
Village, upon receiving a concession from the Board of Trustees for the
fair or celebration and upon the payment of a fee of fifty dollars
($50.00) per day for each day of the fair or celebration; provided
however, that all requirements of the laws of the State regulating
dispensing of liquors on such occasions are complied with.
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Page Created January 4, 2005
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