SENATE BILL 355
51st legislature - STATE OF NEW MEXICO - first session, 2013
INTRODUCED BY
John C. Ryan
AN ACT
RELATING TO ALCOHOLIC BEVERAGES; ALLOWING A DISPENSER'S LICENSE TO CONTINUE THE PRIVILEGE OF PACKAGE SALES AFTER AN INTER-LOCAL OPTION TRANSFER; ALLOWING A DISPENSER'S LICENSE THAT LOST THE PRIVILEGE OF PACKAGE SALES TO REGAIN THE PRIVILEGE SUBJECT TO CERTAIN CONDITIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 60-6B-12 NMSA 1978 (being Laws 1981, Chapter 39, Section 113, as amended) is amended to read:
"60-6B-12. INTER-LOCAL OPTION DISTRICT TRANSFERS.--
A. [All] Dispenser's and retailer's licenses originally issued before July 1, 1981, except rural dispenser's and rural retailer's licenses and canopy licenses that were replaced by dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978, may be transferred to any location within the state, except class B counties having a population of between [fifty-six thousand and fifty-seven thousand according to the 1980] seventy-one thousand and seventy-two thousand according to the 2010 federal decennial census, the municipalities located within those class B counties and any municipality or county that prohibits by election the transfer of a license from another local option district, without regard to the limitations on the maximum number of licenses provided in Section 60-6A-18 NMSA 1978, not otherwise contrary to law, subject to the approval of transferring locations of [such] those liquor licenses [of] by the governing body for that location; [and] provided [all] that the requirements of the Liquor Control Act and department regulations for the transfer of licenses are fulfilled; and provided further that:
(1) the transfer of location does not lower the number of dispenser's and retailer's licenses below that number allowed by law in the local option district from which a license will be transferred;
(2) beginning in calendar year 1997, no more than ten dispenser's or retailer's licenses shall be transferred to any local option district in any calendar year;
(3) the dispenser's or retailer's licenses transferred under this section shall count in the computation of the limitation of the maximum number of licenses that may be issued in the future in any local option district as provided in Section 60-6A-18 NMSA 1978 for the purpose of determining whether additional licenses may be issued in the local option district under the provisions of Subsection [E] H of Section 60-6B-2 NMSA 1978; and
(4) the dispenser's or retailer's licenses shall be operated or leased by the person who transfers the license to the local option district for at least a period of one year from the date of the approval of the transfer by the department.
B. [Transfers] The transfer of location of [each] a liquor license pursuant to Subsection A of this section shall become effective upon approval of the local governing body, unless within one hundred twenty days after the effective date of the Liquor Control Act a petition requesting an election on the question of approval of statewide transfers of liquor licenses into that local option district is filed with the clerk of the local option district and the petition is signed by at least five percent of the number of registered voters of the district. The clerk of the district shall verify the petition signatures. If the petition is verified as containing the required number of signatures of registered voters, the governing body shall adopt a resolution calling an election on the question of approving or disapproving statewide transfers of liquor licenses into that district. Notice of such election shall be published as provided in Section 3-8-35 NMSA 1978, and the election shall be held within sixty days after the date the petition is verified or it may be held in conjunction with a regular election of the governing body if such election occurs within sixty days after the date of verification. If a majority of the registered voters of the district voting in such election votes to approve statewide transfers of liquor licenses into the local option district, each license proposing to be transferred shall be subject to the approval of the governing body. If the voters of the district voting in the election vote against the approval, then all statewide transfers of liquor licenses pursuant to Subsection A of this section shall be prohibited in that district, unless a petition is filed requesting the question be again submitted to the voters as provided in this subsection. The question of approving or disapproving statewide transfers of liquor licenses into the local option district shall not be submitted again within two years from the date of the last election on the question.
C. [Any dispenser's license transferred pursuant to this section outside its local option district shall only entitle the licensee to sell, serve or permit the consumption of alcoholic beverages by the drink on the licensed premises.] A dispenser whose dispenser's license was, prior to July 1, 2013, the subject of an inter-local option district transfer and that lost its privilege to sell alcoholic beverages in unbroken packages for consumption and not for resale off the licensed premises may apply to regain that package privilege subject to the following conditions:
(1) the method and process for application shall be determined by the director, but shall be substantially the same as for an application for a new license;
(2) no more than twenty-five dispenser's licenses per year may regain the package privilege;
(3) the fee for the issuance of the package privilege is fifty thousand dollars ($50,000);
(4) if the package privilege is regained and the licensed premises are in a local option district that has voted to approve Sunday package sales, the dispenser may request a permit for Sunday package sales pursuant to Section 60-7A-1 NMSA 1978; and
(5) when it appears to the director that there will be more than twenty-five applications to regain the package privilege in a calendar year, the director shall provide a random selection method for the qualification, approval and issuance of the package privilege. The random selection method shall allow each applicant an equal opportunity to obtain an available package privilege. For the purposes of random selection, the director shall also set a reasonable deadline for filing an application. A person shall not file more than one application for each license that lost the package privilege and no more than three applications each calendar year.
D. After the deadline set in accordance with Subsection C of this section, no more than three applications per available package privilege shall be selected at random for priority of qualification and approval. Within thirty days after the random selection for the three priority positions for each package privilege, a hearing like that held on the application for a new license shall be held to determine the qualifications of the applicant having the highest priority for each available package privilege. If necessary, a hearing shall be held on each selected application by priority until a qualified applicant for each available package privilege is approved. Further random selections for priority positions shall also be held pursuant to this section as necessary.
[D.] E. Rural dispenser's, rural retailer's and rural club licenses issued under any former act may be transferred to any location, subject to the restrictions as to location contained in the Liquor Control Act, within the unincorporated area of the county in which they are currently located; provided that they shall not be transferred to any location within ten miles of another licensed premises; and provided further that all requirements of the Liquor Control Act and department regulations for the transfer of licenses are fulfilled."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.
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