Initiated by: Eli's Bistro Inc., d/b/a/ Eli's Bistro & Bakery
Under NMSA 1978 § 60-6B-4, the governing body is required to conduct a public hearing on the application and must, by roll call vote, approve or disapprove the requested application. The hearing is quasi-judicial in nature and must be conducted accordingly.
Eli's Bistro Inc., d/b/a/ Eli's Bistro & Bakery, Application No. 1134790, located at 3109 N. Main Street, Roswell, NM 88201, has applied for a beer and wine liquor license with on premises consumption only.
In considering whether to approve or disapprove the application, the governing body may only disapprove of the application if it finds substantial evidence to support one of the follows:
• The proposed location is within an area which the sale of alcoholic beverages is prohibited by the laws of New Mexico; or
• The issuance or transfer would be in violation of zoning or other ordinance of the governing body; or
• The issuance or transfer of a license would be detrimental to the public health, safety, or morals of the residents of the local option district. The governing body is required to notify the Director of Alcohol and Gaming Division of the New Mexico Regulation and Licensing Department within thirty (30) days of the public hearing whether it has approved or disapproved the application. This is done by the City Clerk.