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.169368A.1

HOUSE MEMORIAL

48

TH LEGISLATURE

- STATE OF NEW MEXICO -

FIRST SESSION

, 2007

INTRODUCED BY

Thomas A. Garcia

A MEMORIAL

REQUESTING THE NEW MEXICO LEGISLATIVE COUNCIL TO CREATE THE

INTERIM "LIQUOR LICENSING LAWS REVIEW COMMITTEE".

WHEREAS, it is the purpose of the Liquor Control Act to

license, regulate and control the sale, service and public

consumption of alcoholic beverages in order to protect the

public health, safety and morals of every community in the

state; and

WHEREAS, the Liquor Control Act is the result of a

comprehensive review of New Mexico's liquor laws that occurred

in 1981, but there has been no similar comprehensive review for

twenty-six years; and

WHEREAS, New Mexico has a quota system of one license for

each two thousand inhabitants in municipalities and

unincorporated areas of counties for full-service liquor

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.169368A.1

- 2 -

licenses; and

WHEREAS, in some municipalities and counties there are

more licenses than the quota system would otherwise permit, but

these licenses have been permitted by the Liquor Control Act;

and

WHEREAS, a consequence of the quota system and additional

permitted licenses is that few if any new full-service licenses

can be issued in the foreseeable future; and

WHEREAS, one goal of the Liquor Control Act was to

eliminate the concept of vested property rights in liquor

licenses, but because full-service licenses can be transferred

as to ownership and location, they have gained or retained

inherent value, in some cases selling for thousands of dollars;

and

WHEREAS, the cost of a full-service liquor license, to the

extent one is available on the open market, is beyond the

economic means of some hospitality businesses that would

otherwise create economic development projects in New Mexico;

and

WHEREAS, the Liquor Control Act created the restaurant

license, which permits the sale and service of beer and wine

with meals, to address the economic development issue for

restaurants, but that license does not serve the needs of some

restaurants, hotels, destination resorts and similar large-

scale developments; and

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.169368A.1

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WHEREAS, each legislative session, there are bills

introduced to provide additional full-service licenses, but

these bills do not address the issue in a comprehensive manner;

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

REPRESENTATIVES OF THE STATE OF NEW MEXICO that the New Mexico

legislative council be requested to appoint an interim "liquor

licensing laws review committee" to receive testimony; to study

liquor licensing issues, including the quota system, the

ownership and location transfer of licenses, whether more

licenses would encourage economic development, the marketing of

liquor licenses and the impact of additional licenses on the

health, safety and morals of New Mexicans; and to recommend

appropriate actions needed to address relevant issues

identified from testimony and the study process; and

BE IT FURTHER RESOLVED that the New Mexico legislative

council be requested to appoint twenty members to the interim

liquor licensing laws review committee with political party

affiliation proportionate to that in the New Mexico

legislature; and

BE IT FURTHER RESOLVED that the liquor licensing laws

review committee report its findings and make its

recommendations to the legislature by January 1, 2008; and

BE IT FURTHER RESOLVED that copies of this memorial be

transmitted to the co-chairs of the New Mexico legislative

council.