2i 12 OCR.pdf
City of Santa Fe, New Mexico LEGISLATIVE SUMMARY Bill No. 2018Alcohol Permit Hearing Officer SPONSOR(S):
Mayor Webber and Councilor Lindell
SUMMARY:
The proposed ordinance relates to the Liquor Control Act and delegates the Governing Body's authority regarding the approval of liquor license and permits to a hearing officer.
PREPARED BY:
Jesse Guillen, Legislative Liaison
FISCAL IMPACT:
Yes
DATE:
April 13, 2018
ATTACHMENTS:
Resolution FIR
1
1
CITY OF SANTA FE, NEW MEXICO
2
BILL NO. 2018-_
3
INTRODUCED BY:
4 5
Mayor Alan M. Webber
6
Councilor Signe I. Lindell
7
8 9
10
AN ORDINANCE
11
AMENDING SECTION 4-2.1 SFCC 1987 TO REQUIRE A HEARING OFFICER
12
CONDUCT HEARINGS ON ALCOHOL LICENSES AND PERMITS PRIOR TO
13
CONSIDERATION BY THE GOVERNING BODY.
14 15
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:
16
Section 1.
17
amended to read:
18
4-2.1
19
A.
Subsection 4-2.1 SFCC 1987 (being Ord. #1968-6 (as amended)) is
Compliance with Liquor Control Act. The sale or the possession for the purpose of sale or offering for sale,
20
manufacture or transportation of alcoholic liquors is hereby prohibited within the city except on
21
the terms and conditions specified in this article or on the terms and conditions specified in the ·
22
Liquor Control Act.
23
B.
It is unlawful for any person to deliver any alcoholic liquors for resale in the city
24
unless such person has complied with the provisions of the laws of this state in every respect as to
25
permits, quantity, shipper and consignee and all other provisions of the Liquor Control Act.
1
2
1
C.
The governing body hereby delegates any decisions it has the authority to make
2
under the Liquor Control Act, 60-3A-l NMSA 1978, including approval or denial of licenses and
3
permits, to a hearing officer (or hearing officers) appointed by the city manager. The hearing
4
officer is to hold public hearings when required by the Liquor Control Act or when the hearing
5
officer considers that it is appropriate, take evidence, make findings of fact and conclusions of
6
law, approve or deny applications, issue a written decision, and prepare a record on appeal if
7
necessary. The decision of the hearing officer may be appealed within fifteen (15) days of service
8
of the written decision to the governing body for an appeal on the record as a whole. The
9
governing body shall not take additional evidence or consider the matter de novo. The governing
10
body may decide the appeal on the consent calendar, if it so chooses. If the governing body
11
reverses the decision of the hearing officer, it shall issue a written explanation, based on the
12
evidence in the whole record, why the decision is reversed. The governing body may affirm
13
without explanation. The decision of the governing body may be appealed to district court
14
pursuant to Rule 1-074 NMRA. The governing body may adopt by resolution administrative
15
procedures for the hearings.
16
17
Editor's Note: For state law as to power of city to regulate sales, see § 60-[6]5A-l NMSA 1978.
18 19
APPROVED AS TO FORM:
20 21 22
GENO ZAMORA, INTERIM CITY ATTORNEY
23 24
25
M/Legislation/Bills 2018/Alcohol Permit Hearing Officer
2
3
FIRNo.
3{)~
City of Santa Fe Fiscal Impact Report (FIR) This Fiscal Impact Report (FIR) shall be completed for each proposed bill or resolution as to its direct impact upon the City's operating budget and is intended for use by any of the standing committees of and the Governing Body of the City of Santa Fe. Bills or resolutions with no fiscal impact still require a completed FIR. Bills or resolutions with a fiscal impact must be reviewed by the Finance Committee. Bills or resolutions without a fiscal impact generally do not require review by the Finance Committee unless the subject of the bill or resolution is financial in nature. Section A.
General Information
(Check) Bill: Resolution: _ _ _ __ (A single FIR may be used for related bills and/or resolutions) Short Title(s): AN ORDINANCE AMENDING SECTION 4-2.1 SFCC 1987 TO REQUIRE A HEARING OFFICER CONDUCT HEARINGS ON ALCOHOL LICENSES AND PERMITS PRIOR TO CONSIDERATION BY THE GOVERNING BODY. Sponsor(s): Mayor Webber and Councilor Lindell Reviewing Department(s): ~C=it"'"y~A~tt~or~n=e_,_y~'s~O~f=fi~ce~-----------------------Persons Completing FIR: ~A~lfr~e_d_W~a~lk~e~r_ _ _ _ _ _ _ Date: 4/12/18
Phone: 955-6967
&_,_,~r/)--/d ___________Date: -~~--~-A~t'----'g~r;,~~~---
Reviewed by City Attorney: __
~nature)
Rev;ewed by Vinancc Direoto;c
/ ~
~
~e)
~'
Date:
0
if"/ t 1 {-W If
Section B. Summary Briefly explain the purpose and major provisions of the bill/resolution: This bill would modify the process by which certain alcohol licenses and permits are approved, by requiring a hearing officer conduct hearings on such requests prior to consideration by the Governing Body.
Section C. Fiscal Impact Note: Financial information on this FIR does not directly translate into a City of Santa Fe budget increase. For a budget increase, the following are required: a. The item must be on the agenda at the Finance Committee and City Council as a "Request for Approval of a City of Santa Fe Budget Increase" with a definitive funding source (could be same item and same time as bill/resolution) b. Detailed budget information must be attached as to fund, business units, and line item, amounts, and explanations (similar to annual requests for budget) c. Detailed personnel forms must be attached as to range, salary, and benefit allocation and signed by Human Resource Department for each new position(s) requested (prorated for period to be employed by fiscal year)* 1. Projected Expenditures: a. Indicate Fiscal Year(s) affected - usually current fiscal year and following fiscal year (i.e., FY 03/04 and FY 04/05) b. Indicate: "A" if current budget and level of staffing will absorb the costs "N" ifnew, additional, or increased budget or staffing will be required c. Indicate: "R" - if recurring annual costs "NR" if one-time, non-recurring costs, such as stmt-up, contract or equipment costs d. Attach additional projection schedules if two years does not adequately project revenue and cost patterns e. Costs may be netted or shown as an offset if some cost savings are projected (explain in Section 3 Narrative)
Finance Director:_J?t'-'"'cj-+---
i 4
_ _ _ _ _ _ Check here if no fiscal impact Column#:
2
3 "A" Costs Absorbed or"N" New Budget Required
5 FY - - -
4
Expenditure Classification
FY 18/19
"R" Costs Recurring or"NR" NonrecmTing
Personnel*
$
$
Fringe**
$
$
Capital Outlay
$
$
Land/ Building
$
$
Professional Services
$10,800
All Other Operating Costs
~$_ __
$
Total:
$10,800
$10,800
N
R
$10,800
6 "A" Costs Absorbed or"N" New Budget Required
N
7
"R" Costs Recurring or"NR" Nonrecurring
R
8 Fund Affected
City Clerk
* Any indication that additional staffing would be required must be reviewed and approved in advance by the City Manager by attached memo before release of FIR to committees. **For fringe benefits contact the Finance Dept. 2. Revenue Sources: a. To indicate new revenues and/or b. Required for costs for which new expenditure budget is proposed above in item I.
Column#:
2
Type of Revenue
Total:
FY
3 "R" Costs Recurring or "NR" Nonrecurring
4
FY - - -
$
$
$
$
$
$
$
$
5 "R" Costs Recurring or "NR" Nonrecurring
6 Fund Affected
2
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
5
3. Expenditure/Revenue Narrative: Explain revenue source(s). Include revenue calculations, grant(s) available, anticipated date of receipt of revenues/grants, etc. Explain expenditures, grant match(s), justify personnel increase(s), detail capital and operating uses, etc. (Attach supplemental page, if necessary.) The expenditures were made based on an estimate of 6 hours per month for hearings at a cost of $150 per hour. The funds do not currently exist in the budget for the City Clerk and would need to be either added to the budget or reallocated from another department.
Section D.
General Narrative
1. Conflicts: Does this proposed bill/resolution duplicate/conflict with/companion to/relate to any City code, approved ordinance or resolution, other adopted policies or proposed legislation? Include details of city adopted laws/ordinance/resolutions and dates. Summarize the relationships, conflicts or overlaps.
None identified. The process laid out for approval of the service of alcohol on city property will remain the same, which requires a resolution be approved by the Governing Body. 2. Consequences of Not Enacting This Bill/Resolution: Are there consequences of not enacting this bill/resolution? lfso, describe. Status uo. 3. Technical Issues: Are there incorrect citations of law, drafting errors or other problems? Are there any amendments that should be considered? Are there any other alternatives which should be considered? If so, describe. None identified. 4. Community Impact: Briefly describe the major positive or negative effects the Bill/Resolution might have on the community including, but not limited to, businesses, neighborhoods, families, children and youth, social service providers and other institutions such as schools, churches, etc. By implementing this bill, it will streamline the alcohol approval process and allow the approval of specified licenses and permits by approved by the Governing Body via the consent calendar, rather than through a public hearing as currently occurs. If the Governing Body reverses the decision of the hearing officer, a written explanation must be issued, but can affirm the decision of the hearing officer without explanation. While there will be no public hearing when it reaches the Governing Body, unless specifically requested by the Governing Body, the public may express their views to the hearing officer at the time of the hearing.
3
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
6
Mayor Webber and Councilor Lindell
SUMMARY:
The proposed ordinance relates to the Liquor Control Act and delegates the Governing Body's authority regarding the approval of liquor license and permits to a hearing officer.
PREPARED BY:
Jesse Guillen, Legislative Liaison
FISCAL IMPACT:
Yes
DATE:
April 13, 2018
ATTACHMENTS:
Resolution FIR
1
1
CITY OF SANTA FE, NEW MEXICO
2
BILL NO. 2018-_
3
INTRODUCED BY:
4 5
Mayor Alan M. Webber
6
Councilor Signe I. Lindell
7
8 9
10
AN ORDINANCE
11
AMENDING SECTION 4-2.1 SFCC 1987 TO REQUIRE A HEARING OFFICER
12
CONDUCT HEARINGS ON ALCOHOL LICENSES AND PERMITS PRIOR TO
13
CONSIDERATION BY THE GOVERNING BODY.
14 15
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF SANTA FE:
16
Section 1.
17
amended to read:
18
4-2.1
19
A.
Subsection 4-2.1 SFCC 1987 (being Ord. #1968-6 (as amended)) is
Compliance with Liquor Control Act. The sale or the possession for the purpose of sale or offering for sale,
20
manufacture or transportation of alcoholic liquors is hereby prohibited within the city except on
21
the terms and conditions specified in this article or on the terms and conditions specified in the ·
22
Liquor Control Act.
23
B.
It is unlawful for any person to deliver any alcoholic liquors for resale in the city
24
unless such person has complied with the provisions of the laws of this state in every respect as to
25
permits, quantity, shipper and consignee and all other provisions of the Liquor Control Act.
1
2
1
C.
The governing body hereby delegates any decisions it has the authority to make
2
under the Liquor Control Act, 60-3A-l NMSA 1978, including approval or denial of licenses and
3
permits, to a hearing officer (or hearing officers) appointed by the city manager. The hearing
4
officer is to hold public hearings when required by the Liquor Control Act or when the hearing
5
officer considers that it is appropriate, take evidence, make findings of fact and conclusions of
6
law, approve or deny applications, issue a written decision, and prepare a record on appeal if
7
necessary. The decision of the hearing officer may be appealed within fifteen (15) days of service
8
of the written decision to the governing body for an appeal on the record as a whole. The
9
governing body shall not take additional evidence or consider the matter de novo. The governing
10
body may decide the appeal on the consent calendar, if it so chooses. If the governing body
11
reverses the decision of the hearing officer, it shall issue a written explanation, based on the
12
evidence in the whole record, why the decision is reversed. The governing body may affirm
13
without explanation. The decision of the governing body may be appealed to district court
14
pursuant to Rule 1-074 NMRA. The governing body may adopt by resolution administrative
15
procedures for the hearings.
16
17
Editor's Note: For state law as to power of city to regulate sales, see § 60-[6]5A-l NMSA 1978.
18 19
APPROVED AS TO FORM:
20 21 22
GENO ZAMORA, INTERIM CITY ATTORNEY
23 24
25
M/Legislation/Bills 2018/Alcohol Permit Hearing Officer
2
3
FIRNo.
3{)~
City of Santa Fe Fiscal Impact Report (FIR) This Fiscal Impact Report (FIR) shall be completed for each proposed bill or resolution as to its direct impact upon the City's operating budget and is intended for use by any of the standing committees of and the Governing Body of the City of Santa Fe. Bills or resolutions with no fiscal impact still require a completed FIR. Bills or resolutions with a fiscal impact must be reviewed by the Finance Committee. Bills or resolutions without a fiscal impact generally do not require review by the Finance Committee unless the subject of the bill or resolution is financial in nature. Section A.
General Information
(Check) Bill: Resolution: _ _ _ __ (A single FIR may be used for related bills and/or resolutions) Short Title(s): AN ORDINANCE AMENDING SECTION 4-2.1 SFCC 1987 TO REQUIRE A HEARING OFFICER CONDUCT HEARINGS ON ALCOHOL LICENSES AND PERMITS PRIOR TO CONSIDERATION BY THE GOVERNING BODY. Sponsor(s): Mayor Webber and Councilor Lindell Reviewing Department(s): ~C=it"'"y~A~tt~or~n=e_,_y~'s~O~f=fi~ce~-----------------------Persons Completing FIR: ~A~lfr~e_d_W~a~lk~e~r_ _ _ _ _ _ _ Date: 4/12/18
Phone: 955-6967
&_,_,~r/)--/d ___________Date: -~~--~-A~t'----'g~r;,~~~---
Reviewed by City Attorney: __
~nature)
Rev;ewed by Vinancc Direoto;c
/ ~
~
~e)
~'
Date:
0
if"/ t 1 {-W If
Section B. Summary Briefly explain the purpose and major provisions of the bill/resolution: This bill would modify the process by which certain alcohol licenses and permits are approved, by requiring a hearing officer conduct hearings on such requests prior to consideration by the Governing Body.
Section C. Fiscal Impact Note: Financial information on this FIR does not directly translate into a City of Santa Fe budget increase. For a budget increase, the following are required: a. The item must be on the agenda at the Finance Committee and City Council as a "Request for Approval of a City of Santa Fe Budget Increase" with a definitive funding source (could be same item and same time as bill/resolution) b. Detailed budget information must be attached as to fund, business units, and line item, amounts, and explanations (similar to annual requests for budget) c. Detailed personnel forms must be attached as to range, salary, and benefit allocation and signed by Human Resource Department for each new position(s) requested (prorated for period to be employed by fiscal year)* 1. Projected Expenditures: a. Indicate Fiscal Year(s) affected - usually current fiscal year and following fiscal year (i.e., FY 03/04 and FY 04/05) b. Indicate: "A" if current budget and level of staffing will absorb the costs "N" ifnew, additional, or increased budget or staffing will be required c. Indicate: "R" - if recurring annual costs "NR" if one-time, non-recurring costs, such as stmt-up, contract or equipment costs d. Attach additional projection schedules if two years does not adequately project revenue and cost patterns e. Costs may be netted or shown as an offset if some cost savings are projected (explain in Section 3 Narrative)
Finance Director:_J?t'-'"'cj-+---
i 4
_ _ _ _ _ _ Check here if no fiscal impact Column#:
2
3 "A" Costs Absorbed or"N" New Budget Required
5 FY - - -
4
Expenditure Classification
FY 18/19
"R" Costs Recurring or"NR" NonrecmTing
Personnel*
$
$
Fringe**
$
$
Capital Outlay
$
$
Land/ Building
$
$
Professional Services
$10,800
All Other Operating Costs
~$_ __
$
Total:
$10,800
$10,800
N
R
$10,800
6 "A" Costs Absorbed or"N" New Budget Required
N
7
"R" Costs Recurring or"NR" Nonrecurring
R
8 Fund Affected
City Clerk
* Any indication that additional staffing would be required must be reviewed and approved in advance by the City Manager by attached memo before release of FIR to committees. **For fringe benefits contact the Finance Dept. 2. Revenue Sources: a. To indicate new revenues and/or b. Required for costs for which new expenditure budget is proposed above in item I.
Column#:
2
Type of Revenue
Total:
FY
3 "R" Costs Recurring or "NR" Nonrecurring
4
FY - - -
$
$
$
$
$
$
$
$
5 "R" Costs Recurring or "NR" Nonrecurring
6 Fund Affected
2
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
5
3. Expenditure/Revenue Narrative: Explain revenue source(s). Include revenue calculations, grant(s) available, anticipated date of receipt of revenues/grants, etc. Explain expenditures, grant match(s), justify personnel increase(s), detail capital and operating uses, etc. (Attach supplemental page, if necessary.) The expenditures were made based on an estimate of 6 hours per month for hearings at a cost of $150 per hour. The funds do not currently exist in the budget for the City Clerk and would need to be either added to the budget or reallocated from another department.
Section D.
General Narrative
1. Conflicts: Does this proposed bill/resolution duplicate/conflict with/companion to/relate to any City code, approved ordinance or resolution, other adopted policies or proposed legislation? Include details of city adopted laws/ordinance/resolutions and dates. Summarize the relationships, conflicts or overlaps.
None identified. The process laid out for approval of the service of alcohol on city property will remain the same, which requires a resolution be approved by the Governing Body. 2. Consequences of Not Enacting This Bill/Resolution: Are there consequences of not enacting this bill/resolution? lfso, describe. Status uo. 3. Technical Issues: Are there incorrect citations of law, drafting errors or other problems? Are there any amendments that should be considered? Are there any other alternatives which should be considered? If so, describe. None identified. 4. Community Impact: Briefly describe the major positive or negative effects the Bill/Resolution might have on the community including, but not limited to, businesses, neighborhoods, families, children and youth, social service providers and other institutions such as schools, churches, etc. By implementing this bill, it will streamline the alcohol approval process and allow the approval of specified licenses and permits by approved by the Governing Body via the consent calendar, rather than through a public hearing as currently occurs. If the Governing Body reverses the decision of the hearing officer, a written explanation must be issued, but can affirm the decision of the hearing officer without explanation. While there will be no public hearing when it reaches the Governing Body, unless specifically requested by the Governing Body, the public may express their views to the hearing officer at the time of the hearing.
3
Form adopted: 01/12/05; revised 8/24/05; revised 4/17/08
6
