HOUSE BILL 599

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Thomas A. Garcia

AN ACT

RELATING TO ALCOHOLIC BEVERAGES; PROHIBITING ADMINISTRATIVE SANCTIONS AGAINST LICENSEES FOR CERTAIN ALLEGED VIOLATIONS WHEN CRIMINAL CHARGES HAVE BEEN DISMISSED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 60-6C-1 NMSA 1978 (being Laws 1981, Chapter 39, Section 97, as amended) is amended to read:

     "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--

          A. Except as provided in Subsection C of this section, the director may suspend or revoke the license or permit or fine the licensee in an amount not more than ten thousand dollars ($10,000), or both, when [he] the director finds that [any] a licensee has:

                (1) violated any provision of the Liquor Control Act or any [regulation] rule or order promulgated pursuant to that act;

                (2) been convicted of a felony pursuant to the provisions of the Criminal Code, the Liquor Control Act or federal law; or

                (3) permitted [his] the licensee's licensed premises to remain a public nuisance in the neighborhood where it is located after written notice from the director that investigation by the department has revealed that the establishment is a public nuisance in the neighborhood.

          B. Except as provided in Subsection C of this section, the director shall suspend or revoke the license or permit and may fine the licensee in an amount not to exceed ten thousand dollars ($10,000), or both, when [he] the director finds that any licensee or: 

                (1) [his] the licensee's employee or agent knowingly has sold, served or given [any] an alcoholic beverage to a minor in violation of Section 60-7B-1 NMSA 1978 or to an intoxicated person in violation of Section 60-7A-16 NMSA 1978, on two separate occasions within any twelve-month period; or

                (2) [his] the licensee's agent has made any material false statement or concealed any material facts in [his] the licensee's application for the license or permit granted [him] the licensee pursuant to the provisions of the Liquor Control Act.

          C. The director shall not take an action to suspend or revoke a license or fine a licensee for a violation identified in Paragraph (1) of Subsection B of this section if a criminal charge for the same violation has been dismissed.

          [C. Any] D. A licensee aggrieved by a revocation, suspension or fine proposed to be imposed by the director pursuant to this section shall be entitled to the hearing procedures set forth in Chapter 60, Article 6C NMSA 1978 before the revocation, suspension or fine shall be effective.

          [D. Any] E. A charge filed against a licensee by the department and the resulting disposition of the charge shall be reported to the department of public safety and local law enforcement agencies whose jurisdictions include the licensed establishment."

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