ROSWELL NEW MEXICO
AGENDA ITEM ABSTRACT
AGENDA ITEM ABSTRACT
Item No. 26.
Regular City Council Meeting
- Meeting Date:
- 08/13/2026
COMMITTEE:
N/A
CONTACT:
Amalia Martinez
CHAIR:
N/A
ACTION REQUESTED:
Public Hearing: Hold a public hearing to approve the transfer of ownership to CATTLE BARON RESTAURANTS, INC. for the following Inter-Local Dispenser Liquor Licenses within the City of Roswell: License No. DIS-001082 with on-premises consumption and patio service for PASTA CAFÉ, located at 1208 North Main Street; License No. DIS-001209 with on-premises consumption and no patio service for CATTLE BARON STEAK AND SEAFOOD RESTAURANT, located at 1113 North Main Street; and License No. DIS-001124 with on-premises consumption and patio service for FARLEY'S FOOD, FUN & PUB, located at 1315 North Main Street, as recommended by the New Mexico Alcoholic Beverage Control Division. (Corn/Nairn-Mahan)
BACKGROUND:
Initiated by: Cattle Baron Restaurants, Inc.
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. 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 following:
- The proposed location is within an area where the laws of New Mexico prohibit the sale of alcoholic beverages; 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 the 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. The City Clerk does this.
FINANCIAL CONSIDERATION
The governing body shall give notice of the Public Hearing required by the Liquor Control Act by publishing a notice of the date, time, and place of the hearing twice during the 30 days prior to the hearing in a newspaper of general circulation within the territorial limits of the governing body. The cost associated with this publication is $147.29, and comes from the General Fund.
LEGAL REVIEW:
The City Attorney has provided the notes for the Council’s consideration of the application under the staff recommendation below.
BOARD AND COMMITTEE ACTION:
Due to the time constraints of the Liquor Control Act the applications due not go to a board or committee.
STAFF RECOMMENDATION:
City staff does not make a specific recommendation, but notes the following for the City Council’s consideration:
- Because the Alcohol and Gaming Division has granted preliminary approval of the application, the applicant has established a prima facie entitlement to the license. The burden of disapproval then shifts to the City.
- New Mexico case law has held that the Director of the Alcohol and Gaming Division of the New Mexico Regulation and Licensing Department may still issue a license to Cattle Baron Restaurants LLC, d/b/a Pasta Café, Cattle Baron Steak and Seafood Restaurant, and Farley's Food, Fun & Pub, despite municipal disapproval if there is insufficient evidence to support the disapproval, or if the disapproval is not based on the evidence specific to the applicant or the location. A general disapproval of alcoholic beverage sales is not a valid basis for denial of the license and is consequently not relevant to the decision to be made by the governing body.
- There does not appear to be evidence that the location is in the area where the sale of alcoholic beverages is prohibited by state law.
- There does not appear to be evidence that the sale of alcohol at the location would be in violation of any City zoning law or other ordinance.