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Tuesday, November 16, 2010
Council Rejects Waivers for UNM Alcohol Sales
By Dan McKay And James Monteleone
Journal Staff Writers
Don't make plans just yet to run up a bar tab at the Pit or University Stadium.
Albuquerque city councilors refused late Monday to grant waivers allowing the sale of beer and wine on a limited basis to fans in the high-priced seats at Lobo basketball and football games.
It wasn't particularly close, either. Councilors voiced concerns about public safety and suggested the University of New Mexico didn't respect their right to weigh in on the issue.
The council voted 6-3 to reject waivers for the athletic stadiums. A request for a waiver at the Student Union Building didn't have even enough support to go to a vote.
After the decision, UNM representatives didn't say whether they would appeal the jurisdiction dispute to court.
"I don't know what's going to happen next," said Paul Krebs, UNM's athletic director. "... Personally, I'm disappointed."
UNM representatives had argued the city didn't have jurisdiction to consider the waivers because the Pit and University Stadium are on state lands.
"UNM is a constitutionally created entity and must protect its constitutional status, which includes not submitting to the jurisdiction of a local government body," UNM attorney Meg Meister told councilors.
The state Regulation and Licensing Department has said it would not grant UNM liquor licenses without the city waiver, which was first denied by a city hearing officer in early October after UNM failed to address the required document.
UNM has proposed selling beer and wine to fans in the club and suite level seats. It estimates about 1,200 basketball fans and 1,600 football fans would have access to alcohol sales if licenses were approved. Other seating areas, including the student section, would not be allowed to buy alcohol.
Several councilors bristled at the suggestion they shouldn't have jurisdiction over the matter. Only one councilor, Trudy Jones, said the city doesn't have authority to consider UNM's alcohol sales.
Councilor Rey Garduño said it would certainly be City Hall's jurisdiction to handle drunken fans as they leave on city-funded roads and city-funded sidewalks.
"It becomes a public safety issue to the city, not the university," he said.
Others said they didn't like increasing the availability of alcohol, especially in an area where UNM is moving toward more student-focused activities.
"I just think it's clear that it is detrimental," Councilor Dan Lewis said.
Lewis and Garduño joined Debbie O'Malley, Don Harris, Ken Sanchez and Jones in voting against the waivers. In favor were Brad Winter, Isaac Benton and Michael Cook.
A board member of the Southeast Heights Neighborhood Association said the group had no objection to the waivers. Seven people spoke during the 90-minute hearing.
Mayor Richard Berry's administration spoke in favor of UNM's request, noting that the city issued itself an alcohol waiver for Isotopes Park, a city-owned stadium across the street.
UNM officials repeatedly referenced the waiver granted to its neighboring stadium, where alcohol is available to all fans 21 and older. Councilors responded by saying UNM should be held to a different standard because it's a school.
UNM already offers beer and wine at no charge to football fans sitting in the End Zone Club. Fans in other suites of University Stadium have been allowed to bring their own alcohol. Alcohol has never been available at basketball games.
After signing a 10-year lease agreement for a suite at the Pit, Lobo fan J.C. Lopez said the city's decision to deny alcohol sales at UNM games while allowing it at Isotopes games is a double standard.
Lopez, however, said he will continue to enjoy attending Lobo games regardless of the alcohol sales.
UNM has said it wanted to offer alcohol sales at stadiums to reward the high-paying fans, who typically donate toward student athlete scholarships and athletics renovation projects.
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