This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The Southland Corporation sought to transfer a liquor license to a 7-Eleven store located on Lomas Boulevard in Albuquerque, New Mexico. The Regents of the University of New Mexico opposed the transfer, arguing that the store was within 300 feet of university property, which they claimed constituted a "school" under the Liquor Control Act. The property in question included a service center building and parking lot on the university's north campus, across from the proposed licensed premises (paras 2-4, 8-9).
Procedural History
- Director of the Alcohol and Gaming Division: Approved Southland's application to transfer the liquor license, finding that the location was permissible under the Liquor Control Act (paras 5-6).
- City of Albuquerque Hearing Officer: Recommended approval of the transfer, despite finding that the location was within 300 feet of university property, based on a "grandparent clause" in the Liquor Control Act (paras 5-6).
- District Court of Bernalillo County: Reversed the Director's decision, ruling that the location was within 300 feet of a "school" and that the transfer violated the Liquor Control Act. The court also held that it had jurisdiction to review the Director's decision as a statutory appeal (paras 6, 10-11).
Parties' Submissions
- Appellant (Southland Corporation): Argued that the university property in question was not used for educational purposes and therefore did not qualify as a "school" under the Liquor Control Act. Southland also contended that the "grandparent clause" allowed the transfer because liquor had been sold at the location prior to July 1, 1981 (paras 3, 8, 12).
- Respondent (Regents of the University of New Mexico): Asserted that the university property, including the service center and parking lot, constituted a "school" under the Liquor Control Act, and that the transfer violated the 300-foot prohibition. They also argued that the district court had jurisdiction to review the Director's decision (paras 6, 10-11).
Legal Issues
- Whether the district court had jurisdiction to review the Director's decision to approve the transfer of the liquor license under the Liquor Control Act.
- Whether the university property, including the service center and parking lot, constituted a "school" under the Liquor Control Act, thereby prohibiting the transfer of the liquor license.
- Whether the "grandparent clause" in the Liquor Control Act permitted the transfer of the liquor license (paras 1-2, 12).
Disposition
- The Supreme Court of New Mexico affirmed the district court's ruling that it had jurisdiction to review the Director's decision (para 24).
- The Supreme Court reversed the district court's ruling that the university property constituted a "school" and upheld the Director's approval of the liquor license transfer (para 36).
Reasons
Per Montgomery J. (Baca and Frost JJ. concurring):
Jurisdiction: The court held that the district court had jurisdiction to review the Director's decision under Section 60-6B-2(M) of the Liquor Control Act. The term "issuance" in the statute was interpreted broadly to include the transfer of a liquor license. The court rejected the Director's argument that only certiorari or mandamus was available for such review, emphasizing the legislative intent to provide a statutory appeal (paras 13-24).
Definition of "School": The court adopted a functional interpretation of the term "school" under the Liquor Control Act, focusing on whether the property in question was used for educational or instructional purposes. The service center building and parking lot on the university's north campus were found not to be used for such purposes, and therefore did not qualify as a "school" under the Act (paras 27-36).
Grandparent Clause: The court declined to address the applicability of the "grandparent clause," as the decision was resolved on the basis that the university property was not a "school" (para 3).
The court concluded that the Director's approval of the liquor license transfer was lawful and reinstated the decision, allowing Southland to operate the license at the 7-Eleven store (para 37).