1 CITY OF SANTA FE LIQUOR LICENSE HEARING OFFICER Recommended Findings of Fact and Conclusions of Law Lic. No./Appl. No.: DIS-000658/BLA-22215 Name of Applicant: El Farol, LLC. Doing Business As: El Farol Proposed Location: 808 Canyon Rd., Santa Fe, NM 87501 THIS MATTER came before the Liquor License Hearing Officer for public hearing on September 23, 2026 at 4:00 PM by video hearing, on the application of El Farol, LLC (Applicant) for: 1. Consideration of a transfer of ownership and location of Inter-Local Dispenser Liquor License No. DIS-001248 with on premises consumption only and patio services to be located at El Farol, 808 Canyon Rd. Santa Fe, NM 87501. The Hearing Officer recommends that the Governing Body adopt the following findings of fact and conclusions of law. After reviewing the record, conducting a public hearing and having provided an opportunity to be heard from city staff, the Applicant and any interested persons, the Hearing Officer hereby proposes that the Governing Body find as follows: FINDINGS OF FACT 1. Staff submitted a packet containing the following, which was reviewed by the Hearing Officer and relied on in making these findings: a. September 14, 2026 memo from Emily Aragon, Constituent Services Specialist. b. August 5, 2026 letter from New Mexico Regulation and Licensing Department, Alcohol and Gaming Division (NMRLD/AGD) Hearing Officer Trinidad Maes to the City of Santa Fe granting preliminary approval and forwarding the application to the City for local option district approval or disapproval. c. (NMRLD/AGD) Dispenser Intake Application. d. July 2, 2026 Letter from Benjamin Pfeifer, Planner verifying that the location is zoned RAD, Residential Arts and Crafts and is in the Downtown and Eastside Historic District. e. Notices of Public Hearing (Santa Fe New Mexican, City of Santa Fe website) f. Application supplemental information. 2 g. City checklist per Ordinance 4-4.3. h. September 8, 2026 letter from Jason D. Sena, Enforcement Division Manager, stating it is not anticipated that there will be a substantial change in litter and noise because of this request. 2. City Clerk staff member Emily Aragon presented the application. 3. Applicant was represented by Haley Loving. 4. No members of the public appeared to testify. 5. Notice of the Application, including the date, time and place of the hearing, the name and address of the licensee, the action proposed to be taken by the department, the location of the licensee’s premises and such other information as may be required by the department was published in the Santa Fe New Mexican, which is a newspaper of general circulation within the territorial limits of the governing body, on August 25, 2026 and September 1, 2026 and on the City’s website. 6. The application is for: a. Consideration of a transfer of ownership and location of Inter-Local Dispenser Liquor License No. DIS-001248 with on premises consumption only and patio services to be located at El Farol, 808 Canyon Rd. Santa Fe, NM 87501. 7. There is no record of violations. 8. The location is expected to be open Sunday through Wednesday 7:00am to 12:00pm; Thursday 7:00am to 12:30pm and Friday and Saturday 7:00am to 1:00am 9. Traffic is not expected to significantly increase, and the Public Works Director has found that it does not appear that approval will create unacceptable traffic impacts. 10. The proposed location is not expected to cause a substantial change in litter or noise. 11. The proposed location is not within an area where sale of alcoholic beverages is prohibited by the laws of New Mexico. 12. The applicant is in compliance with all Land Use Codes, and issuance or transfer will not be in violation of a zoning or other ordinance of the governing body, once applicant complies with conditions of approval. 13. Issuance or transfer will not be detrimental to the public health, safety or morals of the residents of the local option district. 14. The hearing was recorded and a copy of the recording is made a part of the record. CONCLUSIONS OF LAW Under the circumstances and given the evidence and testimony submitted during the hearing, the Hearing Officer CONCLUDES: 1. Notice of the Application was properly given by publication, mail and posting on the website pursuant to Section 60-6B-4(D). 2. The governing body may disapprove a transfer or issuance only if individuals opposing the transfer or issuance provide positive evidence showing that the transfer or issuance would be detrimental to the health, safety or morals of the community. This evidence must be based on authentic, relevant facts related to s specific prospective licensee and specific location. The Southland Corporation v. Manzagol, 1994-NMSC-099, 118 N.M. 423 3 3. The Applicant does not have the burden to prove that the transfer would not be detrimental to the health, safety or morals of the residents of the local option district. Dick v. City of Portales, 1994-NMSC-092, 118 N.M. 541. 4. The Application meets the requirements of §60-6B-4(F)(2). CONDITIONS OF APPROVAL 1. Applicant is required to obtain all necessary permits and licenses and comply with all Fire, Building, and Land Use Codes. 2. Applicant is required to comply with all City of Santa Fe ordinances. WHEREFORE, the Liquor License Hearing Officer recommends to the Governing Body that the Application be APPROVED. /s/ Renee Barela-Gutierrez Date: 09/23/2026 Renee Barela-Gutierrez