Judge overturns city’s miniature ban

IT S A WIN FOR DOZENS OF ALBUQUERQUE LIQUOR STORES A JUDGE HAS OVERTURNED A CITY ORDINANCE THAT BANNED MANY STORES FROM SELLING MINIATURE BOTTLES OF BOOZE IN AN EFFORT TO CUT DOWN ON EXCESSIVE DRINKING AND LITTERING JEFF MAHER IS LIVE NEAR CENTRAL AND ATRISCO WITH WHY THE CITY S FIGHT MIGHT NOT BE OVER THE MONTE CARLO IS ONE OF MANY ALBUQUERQUE ESTABLISHMENTS THAT CAN NOW LEGALLY SELL MINI-BOTTLES AND SINGLE CONTAINERS OF ALCOHOL A JUDGE DECIDED THE BAN VIOLATED THE RIGHTS OF THE STORE OWNERS I think everybody is pretty pleased with it I think what came about - the ordinance itself was not working well for the city BILLY BALDWIN REPRESENTS ABOUT A DOZEN LIQUOR STORE OWNERS WHO SUED THE CITY - AND WON HE SAYS THE ORDINANCE AFFECTED ABOUT HALF OF THE CITY S LIQUOR ESTABLISHMENTS STORES WITHIN 500 FEET OF CHURCHES SCHOOLS ALCOHOLIC TREATMENT CENTERS AND RESIDENTIAL AREAS COULD NOT SELL MINIATURES PINTS AND HALF-PINT BOTTLES OR CANS OF LIQUOR THE CITY COUNCIL PASSED IT IN 2005 - BUT IT WAS NEVER REALLY ENFORCED it did not take effect the ordinance itself had a period of time built into it to allow licensees to sell off the products that were prohibited by the ordinance so they wouldn t take any losses IN THE LAWSUIT IT SAYS - THE STATE RESERVES FULL CONTROL OVER THE SALE OF LIQUOR - - AND THE MANNER OF ENFORCEMENT OF THOSE LAWS AND REGULATIONS AND THAT THE CITY DOES NOT HAVE THE POWER TO ENACT CONTRARY LAWS STATE DISTRICT JUDGE GERALDINE RIVERA AGREED we really felt it was creating some hardships for a lot of the mom and pops around the area PEOPLE WE TALKED TO SAY THE ORDINANCE WAS UNFAIR TO BEGIN WITH it s not the liquor store s fault that bottles are getting thrown out all over the place if anything they should give people citations for littering and drinking in public there s really not that many problems with miniatures and cans and stuff CITY OFFICIALS SAY THEY RE STILL TRYING TO DECIDED WHETHER OR NOT TO APPEAL THE CASE LIVE IN SOUTHWEST ALBUQUERQUE JEFF MAHER EYEWITNESS NEWS FOUR THE MAN WHO