Proposal would regulate alcohol sales in Santa Fe

City Councilman Carmichael Dominguez is trying to put strict rules in place governing certain types of businesses in the Airport Road area of southwest Santa Fe, the Albuquerque Journal reported (http://bit.ly/SngcJ0 ).

Dominguez says his proposal is an attempt to improve the area’s quality of life. The City Council is scheduled to vote on his recommendations in January.

Dominguez’s plan also would establish architectural and zoning guidelines aimed at making the area more attractive and walkable, and would waive or reduce permit fees to entice new businesses to build in the area.

The proposal’s alcohol-related portion would regulate the density of liquor stores and alcohol advertisements to ensure the area isn’t oversaturated. It also would restrict the sale of miniature liquor bottles and require stores to segregate alcohol sales.

Dominguez may have an uphill battle on some of the potential liquor restrictions.

In at least one New Mexico case, a judge ruled against a city that tried to impose rules similar to those Dominguez is proposing.

In 2008, a District Court judge ruled in favor of several Albuquerque liquor retailers who took that city to court after officials voted to prohibit the sale of certain types of package alcohol within 500 feet of schools, religious institutions, parks and other sites.

The liquor retailers argued the city didn’t have the authority to impose restrictions on alcohol sales if the restrictions weren’t part of state law.

The judge agreed that state law trumps the city’s ordinances.

Dominguez also is sponsoring a resolution that directs city staff to introduce future legislation that would help create a “healthy food zone” along Airport Road.

New Mexico Restaurant Association CEO Carol Wight expressed concerns about the drive-thru ban.

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Information from: Albuquerque Journal, http://www.abqjournal.com