COUNCIL BILL NO. R-12-29

By on June 15, 2012

CITY of ALBUQUERQUE

TWENTIETH COUNCIL

COUNCIL BILL NO.   R-12-29    

ENACTMENT NO.   R-2012-047

SPONSORED BY:   Rey Garduño

RESOLUTION

AMENDING THE TEXT OF THE NOB HILL HIGHLAND SECTOR DEVELOPMENT PLAN TO ADD ALCOHOL SALES FOR OFF-PREMISE CONSUMPTION FOR ESTABLISHMENTS WITH A “SMALL BREWER’S LICENSE” OR A “WINEGROWER’S LICENSE” AS A CONDITIONAL USE IN THE SU-2/CCR-1 AND SU-2/CCR-2 ZONES.

WHEREAS, the Council, the Governing Body of the City of Albuquerque, has the authority to adopt and amend plans for the physical development of areas within the planning and platting jurisdiction of the City authorized by statute, Section 3-19-3, NMSA 1978, and by its home rule powers; and

WHEREAS, the Council has the authority to adopt, amend, or repeal such a sector development plan; and

WHEREAS, the City ofAlbuquerqueadopted the Nob Hill Highland Sector Development Plan (NHHSDP) in 2007 through Council Resolution R-07-185, Enactment Number 96-2007; and

WHEREAS, the NHHSDP prohibits alcoholic beverage sales for off-premise consumption in the Community Commercial/Residential One and Two (CCR-1 and CCR-2) zones; and

WHEREAS, the record for R-07-185 suggests that this prohibition was intended to address community concerns about the impacts of packaged liquor sales and, in particular, the sale of miniature bottles and fortified liquors; and

WHEREAS, Nob Hill has become a popular area for business establishments, including both full-service restaurants and tasting rooms, that serve locally-brewed craft beers and locally-produced wines; and

WHEREAS, certain establishments in the Nob Hill area have expressed a desire to sell locally-produced alcoholic beverages for off-premise consumption; and

WHEREAS, theNew Mexicostate statute that defines “Small brewer’s license” (60-6A-26.1 NMSA 1978) authorizes one to whom a small brewer’s license is issued to sell beer in unbroken packages for consumption off premises; and

WHEREAS, theNew Mexicostate statute that defines “Winegrower’s license” (60-6A-11 NMSA 1978) authorizes one to whom a winegrower’s license is issued to sell wine in unbroken packages for consumption off premises; and

WHEREAS, allowing an opportunity for small brewers and winegrowers to sell their products for off-premise consumption, subject to certain restrictions and procedures, is consistent with the NHHSDP, which provides that “The Route 66 Historic Core District has a tradition of providing an eclectic collection of goods and service options to the traveler as well as the resident.  Maintaining this variety is critical to the continuing success of this unique area…” (NHHSDP, p. 58).

BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OFALBUQUERQUE:

HCS Pub. June 15, 2012

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