Temporary Outdoor Seating Change/Expansion
Permit due to COVID-19
Purpose:
Eateries may apply for an expanded outdoor dining area to supplement the indoor
dining area. This application is to ensure compliance with applicable safety, zoning
and fire code restrictions implicated by the expanded floor plan. Application material
shall be submitted to the Planning and Zoning Division for review and approval.
Eateries that possess a current liquor license may also apply to serve alcohol in the
expanded outdoor dining area, by completing a New Mexico Regulation and
Licensing Department Alcoholic Beverage Control Division application for
Temporary Change/Expansion of Liquor Licensed Premises due to COVID-19.” The
application must be submitted along with the items listed below. Once local
approval is obtained, the City Clerk’s Office will work with the applicant on
submission to Alcoholic Beverage Control Division.
This is a temporary approval which expires on or before October 31, 2020 and is
subject to suspension or revocation for cause and subject also to all federal, state
and local laws, regulations and orders. If available infrastructure is insufficient to
support indoor and outdoor dining with adequate parking, or if there is a failure to
follow the approved site plan, the temporary permit is subject to denial, suspension,
or revocation.
Submission:
Application to temporarily change/expand outdoor seating shall require:
1. A site plan to include at least the following:
Square footage of existing building or leased area and number of
approved seats (with square footage calculations for the dining space
and other areas)
Square footage and number of seats for existing outdoor seating area
(if applicable)
Number of available parking spaces to accommodate changes in
seating
Type/height of fence, if applicable
Location of ADA parking spaces and ramps and accessible routes
(tables and chairs shall not impede ADA parking, ramps or ingress and
egress into buildings or accessible routes)
Temporary tents, if applicable
2. Proof of ownership or tenancy and approval of space for expansion if not
included originally in the tenancy.
3. Completed application to the New Mexico Regulation and Licensing
Department Alcoholic Beverage Control Division for “Temporary
Change/Expansion of Liquor Licensed Premises due to COVID-19,if
applicable for current license holders. For additional information please
contact the City Clerk’s Office at 505-891-5004.
4. Fire Marshal review will be required for any temporary tents and structures.
Submit applications and questions to planning@rrnm.gov or call (505) 891-5005
City of Rio Rancho 3200 Civic Center Circle, NE. Ste. 130 Rio Rancho, New Mexico 87144
(505) 891-5005 www.rrnm.gov
PLANNING & ZONING LAND USE APPLICATION
Outdoor Seating Temporary Change/Expansion Permit
No City of Rio Rancho Fee Charged for this Permit
Please Print In Ink Only or Type
Application must be complete. Please attach the appropriate documents for the action you are requesting, if applicable.
APPLICANT/AGENT INFORMATION
Applicant Name:
Phone:
Business Name:
Business Address:
E-Mail:
City:
State:
Zip:
Proprietary Interest:
List Owners:
Deed or Ownership Verification Provided: (Initials)
Agent Name:
Phone:
Address:
E-Mail:
City:
State:
ZIP Code:
DESCRIPTION OF REQUEST: (PLEASE ADD ADDITIONAL SHEET(S) IF NECESSARY)
SITE INFORMATION (IF YOU CANNOT PROVIDE THIS INFORMATION, CITY STAFF WILL COMPLETE):
Subdivision/Unit :
Block(s):
Lot(s):
Existing Zoning:
RESTAURANT SEATING AND SQUARE FOOTAGE INFORMATION:
Number of existing indoor seats:
Number of existing outdoor seats:
Number of proposed outdoor seats:
Existing square footage:
Proposed square footage:
Will this also expand the alcohol service area? ____Yes, ____ No
(If yes, attach ABC Temporary Change/Expansion of Liquor Licensed Premises due to COVID-19.”).
City of Rio Rancho 3200 Civic Center Circle, NE. Ste. 130 Rio Rancho, New Mexico 87144
(505) 891-5005 www.rrnm.gov
ACKNOWLEDGEMENT/DECLARATION STATEMENT
I hereby acknowledge that I have read this entire application and affirm that all information provided is
correct. I agree to comply with the requirements of the City of Rio Rancho as outlined in all applicable
laws, ordinances and regulations. I understand that violations of ordinances will not be permitted, and
that this “Outdoor Seating Temporary Change/Expansion Permit,if approved, may be revoked at any
time by any member of the Planning and Zoning Division, City Clerk’s Office, Police Department, or Fire
& Rescue Department if any of the following occur: the additional seating area becomes a public
nuisance; violations of ordinances are committed by any participant; or if any of the conditions imposed
as part of the “Outdoor Seating Temporary Change/Expansion Permit” are not met.
I understand that any significant changes to the number of seats, square footage of the area, or parking
counts will lead to an updated application being submitted to the City of Rio Rancho for approval.
Name of Applicant(s):________________________________________________________________________
Please Print
Name & Title of Person Signing (if different): ______________________________________________
Please Print
____________________________________ _______________________________
Signature Date
NOTARIZATION FOR ENTITIES (Corporations, LLCs, etc.)
This instrument was acknowledged before me on __________________20__.
date
by ______________________________________
as ___________________________________of ______________________________________.
Title of person signing Name of entity (applicant)
__________________________________________
Notary Public
(SEAL) My Commission Expires: ___________________
COUNTY OF SANDOVAL
ss.
STATE OF NEW MEXICO
}
Michelle Lujan Grisham
Governor
Marguerite Salazar
Superintendent
Andrew Vallejos
Director
Alcoholic Beverage Control
(505) 476-4875
New Mexico Regulation and Licensing Department
ALCOHOLIC BEVERAGE CONTROL
PO Box 25101 Santa Fe, New Mexico 87504- 5101
Phone (505) 476- 4875 Fax (505) 476-4595 www.rld.state.nm.us/abc
May 28, 2020
Dear Licensees,
The May 27, 2020 Public Health Order allows limited outdoor dining service for
restaurants and other licensees that generate more than 50% of their annual revenue
from food. These outdoor dining areas cannot exceed 50% of their outdoor
occupancy, tables must be spaced at least six feet apart, and must abide by all other
COVID Safe Practices.
We have been asked whether eligible licensees who have limited or no patio space
may amend their existing floor plan to expand their patio service. Indeed, there are
many municipalities and local option districts that are considering the idea of
allowing restaurants to expand out on to sidewalks and streets closed off to vehicular
traffic.
To that end, ABC has developed a process for approval of temporary floor plan
changes to enhance physical distancing restrictions in response to the COVID-19
containment strategies. If you are a licensee who wishes to amend their floor plan to
expand outdoor patio service, you will need to download the “Temporary Change of
Floor Plan” form on the ABC website. There will be no fee associated with temporary
change of floor plan. This temporary floor plan will be for a limited duration and will
expire automatically on October 31, 2020.
You will need to provide details on your existing floor plan, and details on your
proposed new floor plan. We will require you show control of the area you are
seeking to expand into either by ownership or lease. All expansions must be defined
by a 3 foot high barrier that would denote your new licensed premises, and must be
contiguous to your existing licensed premises. Please note that expansions greater
than 25% of the existing outdoor licensed premises may require more documentation
and approvals.
Prior to submitting the application to ABC you will need to have your Local Option
District sign off on the proposed changes. Their approval is invaluable as they would
know the applicable safety, zoning, and fire code restrictions implicated by the
expanded floor plan. If you are expanding into an area that you do not currently
control such as a non-leased section of a parking lot you will need to provide
permission from the landowner. Expansion into a public area such as a sidewalk or
closed street space will need permission from the municipality or applicable Local
Option District.
If you are seeking a permanent change of floor plan please continue to use the
existing change of floor plan procedures and processes. To facilitate quicker
approvals of floor plans please fill out the application and provide any relevant
documentation, scan an electronic copy and email to marlene.romero1@state.nm.us
New Mexico Regulation and Licensing Department
ALCOHOLIC BEVERAGE CONTROL DIVISION
Page 2 of 2
or if it more convenient, please mail a hard copy to the address listed above to the attention of
Marlene Romero. If you have any further questions please email
abccovid.questions@state.nm.us.
All the best,
Andrew Vallejos
ABC Director
Revised: 6/1/2020
New Mexico Regulation and Licensing Department
ALCOHOLIC BEVERAGE CONTROL DIVISION
PO Box 25101 ▪ Santa Fe, NM 87504-5101 (505) 476-4875 ▪ Fax (505) 476-4595
APPLICATION FOR TEMPORARY CHANGE/EXPANSION OF LIQUOR LICENSED PREMISES
DUE TO COVID-19
This temporary change/expansion of Licensed Premises SHALL expire October 31, 2020.
On November 1, 2020, the licensed premises reverts to the previously ABC Approved Floor Plan.
A Licensee may not change/expand the licensed premises without prior written approval of the ABC. The Licensee cannot make
any changes or expand the premises until approval has been granted for this request. A before and after site inspection may be scheduled
as the temporary change/expansion must be connected and contiguous and be enclosed by a barrier of at least three (3) feet in height.
Application to Temporarily Change/Expand the licensed premises shall be submitted with the following Required Documentation:
1) a copy of your existing Approved Floor Plan;
2) a Proposed Detailed Floor Plan, on an 8 ½ x 11” sheet, that includes the existing approved premises and any proposed temporary
change/expansion – Label all areas and include all entrances, exits, walls or enclosures as well as dimensions for any expansion;
3) Proof of Tenancy this may be established by written documentation that the owner of the property approves of occupancy of the
additional area (if this additional space is part of the existing lease or deed submitted to ABC, check the box ); and
4) photos of expansion.
*The submission of any false information may result in the immediate revocation of ABC approval.
Liquor License No.:________________ Phone No.: ____________________________ Fax No.: _____________________________
Business Name (DBA) _______________________________________Owner Name:_________________________________________
License Location: _______________________________________________________________________________________________
Mailing Address: _______________________________________________________________________________________________
Licensee Email: ________________________________________________________________________________________________
Square Footage: Current ____________________ Adding/Changing:___________________ Total: (add both) ___________________
(Note: if additional footage is greater than 25% of the existing floorplan, additional documentation may be required.)
Will the Proposed Expansion bring the licensed premises within 300 feet of a church or school? _________________________________
Has there been any change in the Ownership or Operation of the Licensee? _________________________________________________
If so, explain:__________________________________________________________________________________________________
I (print name) ____________________________________, Licensee for Liquor License No. _______________ hereby attest that
the requested change meets the definition of “licensed premises” in NMSA 1978 §60-3A-3 (O), which states in part
licensed
premisesmeans the contiguous areas or areas connected by indoor passageways of a structure and the outside dining, recreation
and lounge areas of the structurethat are under the direct control of the licensee…
Submitted by: (print name) _____________________________________________________________________________________
Signature: _______________________________________________Title: ____________________________Date: _______________
LOCAL OPTION DISTRICT REVIEW
Local Governing Body of: _____________________________________
Village, County, City
Check one:
Approved Disapproved
Signature and Title of Village/County/City Official:_______________________________________________________________
ABC USE ONLY: Received on: _______________ Receipt No. ___________________
Processed by: _____________________________________________________ Approved Disapproved, _______________
Decision by Director, if required:
Approved Disapproved, __________________________________________________
Signed by Director: ______________________________________________________________ Date: _____________________
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