Hey Ron,
Thanks for having me at the meeting last night. It was great to see so many people out and the role you all take in caring for Nob Hill.
Below you will find a summary of the proposed sector plan change and the exact text. I’ve also attached both as well.
We’d love to hear feedback, so please let us know what you are hearing.
Thanks,
Sean
Introduction: This ordinance proposes to make waivers of the 300-foot separation requirement from churches and schools available for liquor sales in the CCR-1, CCR-2 and CCR-3 zones of the Nob Hill Sector Plan. These zones (with a few exceptions) cover all commercial properties abutting Central Avenue from Girard to San Mateo. All of these zones currently allow liquor sales in some form, though off-premise sales are only permitted in the CCR-3 zone.
Waiver system for school and church proximity: Sales of beer, wine and liquor are prohibited by state law within 300 feet of a church or school regardless of underlying zoning, except as permitted by a City waiver issued by the Liquor Hearing Officer. Presently, this program makes it possible to get a waiver to the 300-foot limit from a school or church for the sale of beer and wine anywhere in the City that zoning permits it. Waivers for the sale of liquor are only permitted Downtown, or anywhere in the City where the waiver would be required due to proximity to a post-secondary school, such as a university or vocational school.
Details – Current Regulations and Recent Amendments
· Current waiver allowance -- Beer and Wine: New Mexico State Law (the Liquor Control Act) prohibits the sale of alcoholic beverages within 300-feet of any church or school unless a waiver is granted by the local option district. NMSA 1978 § 60-6B-10. The City of Albuquerque, acting as the local option district, has an ordinance that prescribes the circumstances under which such a waiver may be granted. Presently (since at least the early 2000s) the City’s ordinance makes the waiver available only for Restaurant Licenses (beer and wine only, during foodservice hours, food must comprise 60% of sales).
o Recent Update – Local Brewers and Winegrowers: In 2014, the Council adopted an ordinance (O-14-5) making this provision available for local brewers and winegrowers as well, thus allowing a process for obtaining a waiver for a taproom or wine tasting room, without foodservice, and with package sales (e.g. growlers).
· Current waiver allowance – Liquor: In 2003, the Council adopted an ordinance (O-03-90) making the waiver provision applicable to any state liquor license in the “Arts and Entertainment District of the Downtown Core” as defined in the Downtown 2025 (then 2010) Sector Development Plan.
o Recent Update – post-secondary schools: In 2015, the Council adopted an ordinance (O-15-41) making the above waiver allowable in any zone that permits liquor sales where the waiver is required because of proximity to a post-secondary institution, such as a university or vocational school.
Nob Hill Proposal: At the direction of the District 6 City Councilor, Council Staff has drafted an ordinance that would add the Nob Hill CCR zones to the Liquor waiver allowance referenced above. It would not affect underlying zoning (e.g., sales for off-premise consumption would still be prohibited in the CCR-1 zone, etc.). But it would allow a use currently permitted by the zoning (restaurant with a full-service liquor license, for instance) to request a waiver from a church or school if their proposed business would otherwise be precluded by proximity.
Adopting this ordinance amendment would not approve the location of any specific operation or allow for a waiver in each case. Each applicant would still have to make application through the City’s Liquor Hearing Officer, to whom the Council delegates such requests. The hearing officer is required give written notice to any church or school within 400-feet, to hold a public hearing on the matter, and to consider 11 specific factors identified in the ordinance – including the recommendation of the church or school – as well as “any other relevant information.” The Council itself would not consider or take input on such requests.
CITY of ALBUQUERQUE
TWENTY SECOND COUNCIL
COUNCIL BILL NO. ENACTMENT NO. ________________________
SPONSORED BY: Pat Davis
ORDINANCE
AMENDING SECTION 13-2-4 ROA 1994, CONCERNING THE WAIVER OF THE DISTANCE REQUIREMENT BETWEEN PREMISES LICENSED TO SERVE ALCOHOLIC BEVERAGES AND SCHOOLS OR CHURCHES, TO ALLOW APPLICATIONS FOR WAIVERS FOR ALL CLASSIFICATIONS OF STATE LIQUOR LICENSES IN THE SU-2/CCR-1, SU-2/CCR-2 and SU-2/CCR-3 ZONES OF THE NOB HILL HIGHLAND SECTOR DEVELOPMENT PLAN.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. FINDINGS AND INTENT
(1) The City Council finds that certain areas of the City are emerging as vibrant mixed-use districts featuring entertainment, dining, shopping, cultural and residential uses within walking distance of one another; and
(2) That the establishment and growth of these mixed use districts has the potential to spur revitalization in surrounding neighborhoods, promote tourism and further Albuquerque/Bernalillo County Comprehensive Plan goals and policies for active centers connected by multi-modal corridors; and
That the Nob Hill area exemplifies this type of district and continues to evolve as a major cultural center for the City; and
(3) That the fine-grained nature of these neighborhoods often results in the close proximity of nightlife, such as full-service restaurants that serve alcohol, to daytime uses, including religious institutions; and
(4) Whereas the positive, collaborative growth of these districts warrants revisiting of city ordinances governing businesses and occupations as they relate to the sale of alcohol.
SECTION 3. Section 13-2-4(A) is hereby amended as follows:
Ҥ 13-2-4 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, other than the Arts and Entertainment District of the downtown core [+and the SU-2/CCR-1, SU-2/CCR-2 and SU-2/CCR-3 Zones of the Nob Hill Highland Sector Development Plan+], the waiver is for the operation of a restaurant license, a small brewer’s license, or a winegrower’s license as defined in the state Liquor Control Act;
(2) [+In t+][-T-]he Arts and Entertainment District of the downtown core as designated in the Downtown 2010 Plan (as adopted in 2000), [+and the SU-2/CCR-1, SU-2/CCR-2 and SU-2/CCR-3 Zones of the Nob Hill Highland Sector Development Plan+], 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;
(4) The proposed location for which the waiver is sought will not be within an area where the sale of alcoholic beverages is prohibited by the laws of the state; and
(5) The issuance or transfer for which the waiver is sought will not be in violation of a zoning or other ordinance of the city.”
SECTION 4. SEVERABILITY CLAUSE. If any section, paragraph, sentence, clause, word or phrase of this ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this resolution. The Council hereby declares that it would have passed this resolution and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provisions being declared unconstitutional or otherwise invalid.
SECTION 5. COMPILATION. Section 2 and 3 of this ordinance shall amend, be incorporated in and made part of the Revised Ordinances of Albuquerque, New Mexico, 1994.
SECTION 6. EFFECTIVE DATE. This ordinance shall take effect five days after publication by title and general summary.
Sean Foran, MSW
Policy Analyst
City Councilor Patrick Davis - District 6
City of Albuquerque
505-768-3152
One Civic Plaza NW
PO Box 1293
Albuquerque, NM 87103
seanforan@cabq.gov