[HISTORY: Adopted by the City Council of the City of Socorro
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 6, Art. 1, of the 1977 Code]
The City Council of the City of Socorro, New Mexico hereby adopts
the New Mexico Liquor Laws and Regulations prepared by the New Mexico
Department of Alcoholic Beverage Control.
A copy of the New Mexico Liquor Laws and Regulations is available
for inspection between the hours of 8:00 a.m. and 4:30 p.m. at the
office of the Clerk of the City of Socorro.
[Adopted 11-15-1993 by Ord. No. LIT-10-93-02]
As used in this article, the following terms shall have the
meanings indicated:
Any nonprofit group, including an auxiliary or subsidiary group,
organized and operated under the laws of this state, with a membership
of not less than 50 members who pay membership dues at the rate of
not less than $5 per year and who, under the constitution and bylaws
of the club, have all voting rights and full membership privileges,
and which group is the owner, lessee, or occupant of premises used
exclusively for club purposes and which group the Director finds:
Is operated solely for recreation, social, patriotic, political,
benevolent or athletic purposes.
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 1986, 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 an income tax exemption as soon as it is
eligible.
An airline passenger membership club operated by an air common
carrier that maintains or operates a clubroom at an international
airport terminal. As used in this subsection, "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 Federal Aviation Administration.
The Director of the Alcohol and Gaming Division of the Regulation
and Licensing Department.[2]
Any person licensed under the provisions of the Liquor Control
Act selling, offering for sale or having in his possession with the
intent to sell alcoholic beverages by the drink for consumption on
the licensed premises and in unbroken packages for consumption and
not for resale off the licensed premises.
The City Council of the City of Socorro.[3]
An individual, corporation, firm, partnership, copartnership,
association or legal entity.
Any establishment having a New Mexico 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; provided that "restaurant" does not include establishments
defined in regulations promulgated by the Director as serving only
hamburgers, sandwiches, salads and other fast foods.
Any person licensed under the provisions of the Liquor Control
Act selling, offering for sale or having in his possession with intent
to sell any alcoholic beverages in unbroken packages for consumption
and not for resale off the licensed premises.
A.Â
Pursuant to the provisions of NMSA 1978, § 7-24-1, on or
after the effective date of this article, no person who has been issued
a state license from the Department shall be given possession of the
license by the municipality until the person has paid the municipal
license tax as follows:
(1)Â
Payment in full by July 1; or
(2)Â
Payment in two installments of equal amounts, the first of which
is due and payable by July 1. Each subsequent installment shall be
due and payable in equal time periods, the last of which will be no
later than June 30.
(3)Â
The license tax shall be prorated so that licenses issued prior to
October 1 of any year shall be subject to the full amount of the annual
license tax. Licenses issued on or subsequent to October 1 and before
January 1 shall be subject to 3/4 of the annual license tax. Licenses
issued on or subsequent to January 1 and prior to April 1 of a year
shall be subject to 1/2 of the annual license tax. Licenses issued
on or subsequent to April 1 shall be subject to 1/4 of the annual
license tax.
B.Â
The tax rates shall be as follows:
|
Type of License
|
Tax Rate
| |
|---|---|---|
|
Retailer's license
|
$250
| |
|
Dispenser's license
|
$250
| |
|
Special dispenser's permit
|
$100
| |
|
Club license
|
$100
| |
|
Restaurant license
|
$250
|
Failure of any person holding a retailer's, dispenser's,
canopy, club or restaurant license tax on the date(s) and in the manner
imposed by this article shall be subject to appropriate action by
the governing body, as provided by NMSA 1978, § 7-24-3,
relating to the closing of establishments.
