Booze Suit

By Julie Ann Grimm

Santa Fe city attorneys are gearing up to deal with a potential challenge to a law prohibiting the sale of small packaged liquor. A law firm that has sometimes represented the city on contract for land use issues and other matters now plans to represent seven liquor stores who oppose the recently adopted city ordinance banning containers smaller than 8 ounces.

The rule, ostensibly aimed at reducing litter, is similar to a ban already in place along Airport Road that was introduced as a "quality of life measure." Beginning in October, it's set to apply to retail liquor sales citywide.

Public records show that lawyers with Montgomery & Andrews, PA asked the City Council to waive the potential conflict of interest and allow the firm to represent several liquor stores whom the law firm says have also agreed to waive a potential conflict for the case.

The stores—Cliff's, Rodeo Plaza Liquors, Kelly's Liquor Barn, Kelly de Arcos Liquor, Kelly Tequilas, Owl Liquor and the Liquid Company—are considering both a challenge to the new rule and the older regulations on the Southside, according to a message forwarded to City Attorney Kelley Brennan from J Brent Moore.

In early April, attorney Mark Basham told local media that he would bring a lawsuit in the matter within a month. That didn't happen.

No word from Moore on the timing of his next step, but Brennan affirms that the City Council voted after a May 13 executive session to waive its claim to conflict, should the firm take the case. Stephen Hamilton, the Montgomery attorney who has worked for the city on issues before, says he’ll stay out of the case. The topic is listed again for discussion behind closed doors at the council’s May 27 meeting.

Santa Fe Reporter

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