[Neighbors] ALCOHOL WAIVER ORDINANCE UPDATE

[Charlie Bennett via Neighbors_nobhill-nm]

Susan,

First, I am not an attorney.  The following is from past experience only.
Any ruling contradictory to the CABQ Code by any State of NM Dept. or Div.
is an encroachment upon Albuquerque's "Home Rule" and actionable all the
way to the State Supreme Court.  There is a long list of precedence to
support this.  The first that comes to mind is ABQ vs State of NM regarding
the Red Light Cameras where ABQ was successful in Past Judge Geraldine
Rivera's District 2 Court.  Ironically she ruled against "Home Rule"
supporting Kelly's Liquor against the Inez NA.  I don't expect you'll get
much help from Rob Perry or City Legal to protect the City's interests
against the liquor lobby or NM; there not capable even if they were
inclined.  A search of cases that have protected "Home Rule", not just here
but nationally, might certainly help to impose a higher civility upon a
court's opinion. You can win this with a fearless attorney who is willing
to read and take instruction from someone adept at City Code.

Yours in community,
Charlie Bennett
La Mesa Community Improvement Assoc.






On Thu, Sep 15, 2016 at 1:48 PM, Susan Michie-Maitlen via
Neighbors_nobhill-nm <neighbors_nobhill-nm at mailman.swcp.com> wrote:

> Neighbors,
>
> Please be aware that a group of business owners and attorneys in the
> alcohol industry are proposing a change to the liquor laws for Nob Hill.
> The change would allow a potential bar owner to apply for a waiver to the
> State's existing distance requirement that buffers schools and churches
> from full-service liquor establishments of all types, including bars,
> nightclubs, and restaurants that serve spirits or "hard" liquor.
>
> This change would apply to the commercial area of Nob Hill between Girard
> and Carlisle only.
>
> The only other area of the city that has this waiver is Downtown.
>
> At the September NHNA Board Meeting, the board voted to present the
> proposed ordinance to our members for input at the NHNA Annual Meeting on
> September 29th. The Board will then vote whether to support or oppose the
> ordinance at the next NHNA Board meeting on October 10th.
>
> I truly enjoy the diversity of bars and restaurants in Nob Hill, but
> *I am opposed to this ordinance because I believe the bar industry is
> already flourishing in our community and there is no reason to make our
> liquor laws less restrictive than the rest of the city - and more like
> Downtown. *
>
> I believe that adopting this ordinance would send a message to the
> business community that we want to attract more full-service bars to our
> commercial district, rather than other types of retail businesses.
>
> I am also concerned that adopting this ordinance might discourage new
> schools, churches, and families with children from choosing to reside in
> our community. These institutions are very important to community stability
> - and too many bars can have the opposite effect.
>
> Also, if the ordinance passes, any opposition to a future waiver request
> would be decided by City Council which makes the process very political and
> laborious for the average community member.
>
> Councilor Davis has made it clear that he has taken no position on this
> ordinance and is relying on the NHNA to make a recommendation.
>
> *If you believe that the NHNA should oppose this change in ordinance,
> please send a message to:*
>
> theboard at nobhill-nm.com
>
> Simply stating that "I am opposed to the proposed alcohol ordinance that
> would allow a waiver to the required distance from a church or school for
> full-service liquor establishments within the commercial zone of Nob Hill"
> would be adequate and only take a few minutes of your time. Please be sure
> to provide this input before the Board meeting on October 10th.
>
> Thank you for your consideration in this matter.
>
> Susan
>
>
>
>
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>
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