Wholesaler Liquor Location Application Submitted by Premier Distributing Co., LLC
Premier Distributing Company, LLC (“Premier”) submitted a Wholesaler Liquor Location Application to the State’s Regulation & Licensing Department on January 20, 2023. A copy of the Application is attached. In summary, the Application seeks approval for the issuance of a new Wholesaler Liquor License to Premier for licensed premises at 3534 Sanostee Drive; Gallup, New Mexico. The City has been informed that licensed premises is currently in use as a liquor wholesaler location, and that the Application has been submitted due to change in ownership or control. The Director of the Alcoholic Beverage Control Division of the State’s Regulation & Licensing Department has reviewed the Application and granted preliminary approval on or about March 9, 2023, notice of which was received by the City Clerk on March 23, 2023.
This matter is before the Council for quasi-judicial hearing on the question whether the Department should approve or disapprove the Application. The City’s hearing power derives from its status as a Local Option District under the Liquor Control Act, Chapter 60, Articles 3A, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A NMSA. Certain procedures attending the hearing and the standards by which the Application may be approved or disapproved are set forth in NMSA 60-6B-4. Under that provision, a hearing must occur within forty-five (45) days after the City’s receipt of a notice of the Director’s preliminary approval. The forty-five day deadline may be extended by the Director, and in this case an extension has been granted to May 9, 2023. If the City’s decision is to approve or disapprove the Application, notice must be given to the Director within thirty (30) days following the hearing and, in the case of disapproval, the notice must set forth the reasons for disapproval and include a copy of the minutes of the hearing. If the City does not approve or disapprove the Application within thirty (30) days following the hearing, the Director may approve the Application. Otherwise, the Director is bound by the City’s decision.
Additional information pertinent to the conduct of the hearing and the standards for decision will be supplied at the hearing
- Fiscal Impact:
- None. This is a quasi-judicial hearing.
- Speaker's Name
- David Eason, City Attorney