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Council amends liquor-license procedures to match state waiver timeline after contested application
Summary
The Belen City Council amended Title 5 to incorporate the State Alcohol Beverage Control waiver/transfer process into a single local hearing, a change opponents said came too late to prevent a nearby liquor use; councilors approved the amendment after public comment.
Mayor Robert Noblin and Planning Technician Alexis Kline led the public hearing and explanation of proposed changes to Title 5, Business Licenses and Regulations. Kline said the amendment folds the State's waiver/transfer timing into the city's ordinance so the city can meet the state's deadlines for publishing notices and processing applications.
Kline explained the practical change: the city will accept the state's preliminary application packet and conduct one combined local hearing for waiver or transfer requests rather than two separate hearings. On the procedural point she noted the city must publish twice and notify adjacent property owners within the 30-day window. As Kline stated, the amendment simply adds "the State process into the existing Liquor License ordinance" for clarity. Councilors asked how appeals would be handled; Kline said appeals would go to district court.
Public commenters raised objections tied to a specific, previously filed application near a church. Mary Frances Wells asked the council to block a liquor use adjacent to her church property. Jim Rende urged removal of a particular clause on man-made barriers. Councilor Rudy M. Espinoza said, "I want it to be fair to everybody," emphasizing that clear, distinct rules are important to ensure even treatment.
After discussion, Councilor Steven L. Holdman moved to approve the ordinance amendment; Councilor Rudy M. Espinoza seconded. The council approved the amendment on a roll-call vote with Espinoza, Ortega and Holdman voting yes; Councilor Tracy Armijo was not present. Mayor Noblin noted the change will take effect within five days of adoption.
The amendment revises local procedure only; Kline and councilors emphasized the Alcohol Beverage Control Division retains authority to accept or reject local decisions under state law.
