State Officials Already Questioning Legality of Airport Road Ordinance

A day after the Santa Fe City Council unanimously approved a new overlay zone for Airport Road, state officials are already questioning the ordinance’s restrictions on alcohol sales.

“It is our opinion that the City of Santa Fe ordinance has over stepped their municipal authority in regards to the State of New Mexico Liquor Control Act,” wrote S.U. Mahesh, a spokesman for the state Regulation and Licensing Department, which includes the Alcohol and Gaming Division, in an email to the Journal.

Mahesh said that division officials plan to contact the city to discuss the new rules. He didn’t say if the state will take legal action or what regulations are being targeted.

The ordinance regulates the density of liquor stores and alcohol advertisements to ensure the southwest Santa Fe area isn’t “oversaturated,” bans the sale of individual liquor “miniatures” and requires stores to segregate alcohol sales.

City Attorney Geno Zamora and City Councilor Carmichael Dominguez, the driving force behind the ordinance, did not return messages left late Thursday.

But Dominguez and city staff have previously acknowledged there could be legal challenges to some of the alcohol regulations, and the City Council discussed the possibility Wednesday night.

Dominguez has told the Journal that studies have shown the ordinance’s strategies help curb underage drinking, and that southside residents want the regulations.

Stay tuned. I’ll have a few more details in tomorrow’s Journal.