Chapter 5 Alcoholic Beverages Article 1

Question 1

Define Alcoholic Beverages

Answer 1

any and all distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin, aromatic bitters bearing the federal internal revenue strip stamps, or any similar alcoholic beverages, including all blended and fermented beverages, dilutions or mixtures of one or more of the beverages listed in this definition containing more than one-half of one percent alcohol, but excluding medicinal bitters.

Question 2

Define Beer

Answer 2

any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt and hops or other cereals in water, and includes porter, beer, ale and stout

Question 3

Define Canopy Licensee

Answer 3

a license issued to a co-user to dispense alcoholic beverages in the same manner as permitted by a dispenser subject to the special provisions of NMSA 1978, § 60-6B-16.

Question 4

Define Club

Answer 4

(1)
An organization of persons organized or operated under state laws, operated for nonprofit to members, with a membership of not less than 50 regularly admitted and enrolled members who have paid membership dues at the rate of not less than $5.00 per year, which is the owner, licensee or occupant of premises used exclusively for club purposes and which, in the judgment of the council, is operated solely for recreation, social, patriotic, political, benevolent or athletic purposes and the proposed licensee has been granted an exemption by the United States from the payment of the federal income tax as a club under the provisions of section 501(a) of the Internal Revenue Code of 1954, as amended, or, if the applicant has not operated as a club for a sufficient time to be eligible for the income tax exemption, it must execute and file with the director a sworn letter of intent declaring that it will, in good faith, apply for such exemption as soon as it is eligible; or
(2)
An airline passenger membership club operated by an air common carrier which maintains or operates a clubroom at an international airport terminal. For the purposes of this subsection, the term “air common carrier” means a person engaged in regularly scheduled air transportation between fixed termini under a certificate of public convenience and necessity issued by the civil aeronautics board.

Question 5

Define Co-User

Answer 5

a person granted a nonexclusive privilege by a dispenser or retailer to profit from the sale and service of alcoholic beverages pursuant to the dispenser’s or retailer’s license when such dispenser’s or retailer’s license was approved by the state prior to January 1, 1979, pursuant to NMSA 1978, § 60-6B-14.

Question 6

Define Dispenser

Answer 6

any person licensed under this chapter selling, offering for sale, or having in his possession with the intent to sell alcoholic beverages both by the drink for consumption on the licensed premises and in unbroken packages for consumption and not for resale off the licensed premises.

Question 7

Define Distiller

Answer 7

any person engaged in manufacturing spirituous liquors.

Question 8

Define Hearing Officers

Answer 8

the hearing officer appointed by the mayor, subject to the approval by the city council, to conduct hearings upon the issuance or transfer of liquor licenses.

Question 9

Define Licensed premises

Answer 9

the contiguous areas or the areas connected by indoor passageways of a structure and the outside dining, recreation and lounge areas of the structure which are under the direct control of the licensee and from which the licensee is authorized to sell, serve or allow the consumption of alcoholic beverages under the provisions of his license; for a restaurant, hotel or racetrack, the term “licensed premises” includes all public and private rooms, facilities and areas in which alcoholic beverages are sold or served in the customary operating procedures of the restaurant, hotel or racetrack.

Question 10

Define Manufacturer

Answer 10

a distiller, rectifier, brewer or wine maker

Question 11

Define Minor

Answer 11

any person under 21 years of age.

Question 12

Define Package

Answer 12

any immediate container of alcoholic beverages which is filled or packaged by a manufacturer or wine bottler for sale by the manufacturer or wine bottler to wholesalers.

Question 13

Define Restaurant

Answer 13

any establishment having a state resident as a proprietor or manager which is held out to the public as a place where meals are prepared and served primarily for on-premises consumption to the general public in consideration of payment and which has a dining room, a kitchen and the employees necessary for preparing, cooking and serving meals; the term “restaurant” does not include establishments as defined in regulations promulgated by the director serving only hamburgers, sandwiches, salads and other fast foods.

Question 14

Define Retailer

Answer 14

any person licensed under this chapter selling, offering for sale or having in his possession with the intent to sell any alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises.

Question 15

Define Spirituous liquors

Answer 15

alcoholic beverages, as defined in this section, except fermented beverages such as wine, beer and ale.

Question 16

Define Wholesaler

Answer 16

any person whose place of business is located in this state and who sells, offers for sale or possesses for the purpose of sale any alcoholic beverages for resale by the purchaser.

Question 17

Define Wine

Answer 17

includes the words “fruit juices” and means alcoholic beverages obtained by the fermentation of the natural sugar contained in fruit or other agricultural products, with or without the addition of sugar or other products, which do not contain less than one-half of one percent or more than 21 percent alcohol by volume.

Question 18

Define Wine Bottler

Answer 18

any wholesaler in this state who is licensed to sell wine at wholesale for resale only who buys wine in bulk and bottles it for wholesale resale.

Question 19

Define Wine Maker

Answer 19

any person who owns or operates a business for the manufacture of wine.

Question 20

Sec. 5-1-2- Compliance with chapter

Answer 20

The sale, possession for sale, offering for sale, the barter, exchange or trade of alcoholic beverages in the city is prohibited, except under the conditions and the regulations specified in this chapter, and it is the policy of this chapter that the regulations so promulgated are designed to protect the public health, safety and morals of the citizens of the municipality.

Question 21

Sec. 5-1-3. - Penalties.

Answer 21

Any person convicted of violating this chapter shall be punished as provided in section 1-1-10. Any licensee who is convicted a second time of violating this chapter shall, in addition to the punishment in this section, have his license revoked by the city council.

Question 22

Sec. 5-1-4. - Hours and days of business.

Answer 22

Alcoholic beverages shall be sold, served, delivered or consumed on licensed premises only during the hours and days allowed by state law.

Question 23

Sec. 5-1-5. - Possession, consumption, sale or service in public places.

Answer 23

It shall be unlawful for any person, except as provided in subsection (c) of this section, to consume or serve within the city any alcoholic beverage in or at any public dancehall, pool room, bowling alley, public street, alley, park or public building or upon any parking lot or drive-in area which is either publicly owned or privately owned and used by the public. The fact that a person is in or upon a motor vehicle at the time of such consumption or service shall not be a defense in prosecution under this section.
(b)
It shall be unlawful for any person, except as provided in subsection (c) of this section, to possess or have in his possession or under his control in or at any public dancehall, pool room, bowling alley, public street, alley, park, public way, public place, public building or upon any parking lot or drive-in area which is either publicly owned or privately owned and used by the public any alcoholic beverage in any container that has been opened. If the container as sealed for distribution to the public has been unsealed or undone in any manner, it shall be deemed to have been opened.
(c)
This section shall not apply to the following:
(1)
The possession, service or consumption of alcoholic beverages in public places when the dispenser is the lessee of a valid government license.
(2)
The possession, service or consumption of alcoholic beverages in establishments licensed to dispense alcoholic beverages or in public places specifically described in a special dispenser’s permit for fairs and public celebrations issued pursuant to section 5-2-6.
(3)
An intoxicated person as defined in NMSA 1978, § 43-2-17. Intoxicated persons as defined in NMSA 1978, § 43-2-17, shall be treated as provided for in the State Detoxification Act, NMSA 1978, § 43-2-16 et seq.
(4)
The possession of any alcoholic beverage which is:
a.
In an unopened original container with the seal unbroken and the original cap or cork not removed from the container; or
b.
In any container, opened or unopened, which is in a trunk or other locked compartment of a vehicle and out of public view.

Question 24

Sec. 5-1-6. - Intoxication of licensee, agent or employees

Answer 24

It shall be unlawful for any person issued a license under this chapter or for his agent or any employee to be present on the licensed premises while intoxicated.

Question 25

Sec. 5-1-7. - Public nuisances generally.

Answer 25

Loitering of habitual drunkards or intoxicated persons, lewd or indecent displays, profanity, rowdiness, undue noise, concentrations of litter or trash, or other disturbances or activities offensive to the average citizen on the premises licensed pursuant to this chapter or to the residents of the neighborhood in which the licensed premises is located shall constitute a public nuisance. It shall be unlawful and grounds for revocation of the license for any licensee, his agents or employees to allow a public nuisance, as defined in this subsection, to exist upon a licensed premises. (b) Intoxicated persons as defined in the Detoxification Act shall be treated as provided in the Detoxification Act, NMSA 1978, § 43-2-16 et seq.

Question 26

Sec. 5-1-8. - Unlawful use of vehicle with knowledge of owner.

Answer 26

The term "motor vehicle," for the purposes of this section, shall include every vehicle which is self-propelled but not operated upon rails and shall include but not necessarily be limited to automobiles, cars, trucks, pickup trucks, vans, pickup campers and recreation vehicles. (b) It shall be unlawful and a violation of this section for any person who is the owner or operator of a motor vehicle, as defined in subsection (a) of this section, within the municipal boundaries of the city to knowingly allow any such motor vehicle which is owned by such person to be used for the purpose of: (1) The sale, barter or exchange of alcoholic beverages without a license as required by this chapter; (2) The sale, service or giving of alcoholic beverages to habitual drunkards or persons of unsound mind; or (3) Selling or giving of alcoholic beverages to minors in violation of section 5-3-1.

Question 27

Sec. 5-1-9. - Curb service prohibited.

Answer 27

It shall be unlawful for any licensee to give any kind of curb service of alcoholic beverages, except in unbroken packages, outside the buildings on the premises at which the licensee's business is operated and except to customers seated at outdoor tables. (b) This section shall not apply to premises described in a special dispenser's permit for public celebrations, issued pursuant to section 5-2-6, which has been approved by the city council.

Question 28

Sec. 5-1-10. - Sale to obviously intoxicated persons.

Answer 28

It shall be a violation of this chapter for any person to sell, serve, give or deliver any alcoholic beverage to or aid in the procurement of any alcoholic beverage for any person who is obviously intoxicated, knowing that the person buying, receiving or receiving service of such alcoholic beverage is intoxicated.

Question 29

Sec. 5-1-11. - Prostitution.

Answer 29

It shall be a violation of this chapter for any liquor licensee or his agent to knowingly: (1) Allow prostitution on the licensed premises. (2) Allow or permit the loitering of or solicitation by known prostitutes on the licensed premises. (3) Procure a prostitute for a patron or solicit a patron for a prostitute or both or for a house of prostitution.