0001| HOUSE BILL 417
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| CISCO MCSORLEY
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO ALCOHOL; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES
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0013| FROM A DRIVE-UP WINDOW; AUTHORIZING LOCAL OPTION ELECTIONS TO
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0014| ALLOW THE SALE OF ALCOHOLIC BEVERAGES FROM A DRIVE-UP WINDOW;
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0015| AMENDING SECTIONS OF THE LIQUOR CONTROL ACT.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0019| Chapter 39, Section 47, as amended) is amended to read:
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0020| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--CHRISTMAS DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE
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0021| LICENSED PREMISES--DRIVE-UP WINDOW SALES--ELECTIONS.--
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0022| A. Alcoholic beverages shall be sold, served and
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0023| consumed on licensed premises only during the following hours
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0024| and days:
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0025| (1) on Mondays from 7:00 a.m. until midnight;
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0001| (2) on other weekdays from after midnight of
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0002| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0003| midnight, except as provided in Subsections D, E and [H] G
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0004| of this section; and
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0005| (3) on Sundays only after midnight of the
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0006| previous day until 2:00 a.m., except as provided in Subsections
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0007| C and F of this section; provided, however, nothing in this
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0008| section shall prohibit the consumption at any time of alcoholic
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0009| beverages in guest rooms of hotels.
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0010| B. Alcoholic beverages shall be sold by a dispenser
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0011| or a retailer in unbroken packages, for consumption off the
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0012| licensed premises and not for resale, on Mondays through
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0013| Saturdays from 7:00 a.m. until 12:00 a.m. on the following day
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0014| except as provided in Subsections D, E and [H] G of this
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0015| section.
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0016| C. Subject to the provisions of Subsections F and
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0017| [I] H of this section, a dispenser, restaurant licensee or
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0018| club may, upon payment of an additional fee of one hundred
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0019| dollars ($100), obtain a permit to sell, serve or permit the
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0020| consumption of alcoholic beverages by the drink on the licensed
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0021| premises on Sundays from [12:00] noon until midnight and in
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0022| those years when December 31 falls on a Sunday from [12:00]
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0023| noon until 2:00 a.m. of the following day, except as otherwise
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0024| provided in Subsection F of this section. The permit shall
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0025| expire on June 30 of each year and may be renewed from year to
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0001| year upon application for renewal and payment of the required
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0002| fee. The permit fee shall not be prorated. Sales made pursuant
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0003| to this subsection or Subsection [I] H of this section shall
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0004| be called "Sunday sales".
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0005| D. Retailers, dispensers, canopy licensees,
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0006| restaurant licensees, club licensees and governmental licensees
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0007| or its lessees shall not sell, serve, deliver or allow the
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0008| consumption of alcoholic beverages on the licensed premises
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0009| during voting hours on the days of the primary election, general
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0010| election, elections for officers of a municipality or any other
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0011| election as prescribed by the rules and regulations of the
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0012| director.
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0013| E. Retailers, dispensers, canopy licensees that were
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0014| replaced by dispenser's licensees pursuant to Section 60-6B-16
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0015| NMSA 1978, restaurant licensees, club licensees and governmental
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0016| licensees or its lessees shall not sell, serve, deliver or allow
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0017| the consumption of alcoholic beverages on the licensed premises
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0018| from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after
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0019| Christmas, except as permitted pursuant to Subsection [H] G
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0020| of this section.
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0021| F. At the 1984 general election, the secretary of
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0022| state shall order placed on the ballot in each local option
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0023| district the question "Shall Sunday sales of alcoholic beverages
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0024| by the drink for consumption on the licensed premises of
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0025| licensees be allowed in this local option district?". If the
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0001| secretary of state determines a need, he may authorize the use
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0002| of paper ballots for the purpose of the election provided for
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0003| pursuant to this subsection. Until [such] the election,
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0004| Sunday sales shall be permitted on the same basis in any local
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0005| option district as provided under any former act, and the
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0006| election held at the first general election following the
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0007| effective date of the Liquor Control Act shall have no effect on
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0008| whether Sunday sales are permitted in any local option district.
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0009| If the question is disapproved by a majority of those voting
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0010| upon the question in the local option district, Sunday sales
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0011| shall be unlawful in that local option district upon
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0012| certification of the election returns, and the question shall
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0013| not again be placed on the ballot in that local option district
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0014| until:
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0015| (1) at least one year has passed; and
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0016| (2) a petition is filed with the local
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0017| governing body bearing the signatures of registered qualified
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0018| electors of the local option district equal in number to ten
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0019| percent of the number of votes cast and counted in the local
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0020| option district for governor in the last preceding general
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0021| election in which a governor was elected. The signatures on the
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0022| petition shall be verified by the clerk of the county in which
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0023| the local option district is situated.
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0024| [G. The local governing body of a local option
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district in an eligible county shall:
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(1) adopt a resolution within sixty days of
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April 7, 1989 calling for an election to place on the ballot the
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question "Shall a retailer or dispenser be allowed to sell or
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deliver alcoholic beverages at any time from a drive-up
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window?";
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(2) arrange for the election to be held within
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sixty days after the date the resolution is adopted; and
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(3) ensure that the election is called,
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conducted, counted and canvassed in the manner provided by law
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for elections within the county.
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As used in this subsection, "eligible county" means any
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county that, according to motor vehicle statistics reported to
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the state highway and transportation department during the years
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1985 and 1986, convicted more than twenty-five persons for each
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one thousand licensed drivers of driving while intoxicated
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offenses.
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H.] G. On and after July 1, 1989, dispensers,
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0018| canopy licensees that were replaced by dispenser's licensees
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0019| pursuant to Section 60-6B-16 NMSA 1978, restaurant licensees,
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0020| club licensees and governmental licensees or lessees of these
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0021| licensees may sell, serve or allow the consumption of beer and
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0022| wine with meals on licensed premises from noon until 10:00 p.m.
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0023| on Christmas day, except in a local option district in which,
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0024| pursuant to petition and election under this subsection, a
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0025| majority of the voters voting on the question votes against
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0001| continuing [such] the sales or consumption on Christmas day.
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0002| An election shall be held on the question of whether to continue
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0003| to allow the sale, service or consumption of beer and wine with
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0004| meals on licensed premises from noon until 10:00 p.m. on
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0005| Christmas day in a local option district, if a petition
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0006| requesting the governing body of that district to call the
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0007| election is signed by at least ten percent of the registered
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0008| voters of the district and is filed with the clerk of the
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0009| governing body of the district. Upon verification by the clerk
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0010| that the petition contains the required number of signatures of
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0011| registered voters, the governing body shall adopt a resolution
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0012| calling an election on the question of allowing the sale,
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0013| service or consumption of beer and wine with meals on licensed
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0014| premises from noon until 10:00 p.m. on Christmas day. The
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0015| election shall be held within sixty days after the date the
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0016| petition is verified, or it may be held in conjunction with a
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0017| regular election of the governing body if that election occurs
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0018| within sixty days of [such] the verification. The election
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0019| shall be called, conducted, counted and canvassed in
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0020| substantially the same manner as provided for general elections
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0021| in the county under the Election Code or for special municipal
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0022| elections in a municipality under the Municipal Election Code.
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0023| If a majority of the voters voting on the question votes against
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0024| continuing the sale, service or consumption of beer and wine
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0025| with meals on licensed premises from noon until 10:00 p.m. on
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0001| Christmas day, then [such] the sales and consumption shall
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0002| be prohibited. If a majority of the voters voting on the
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0003| question votes to allow continued sale, service and consumption
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0004| of beer and wine with meals on licensed premises from noon until
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0005| 10:00 p.m. on Christmas day, then [such] the sales and
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0006| consumption shall be allowed to continue. The question then
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0007| shall not be submitted again to the voters within two years of
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0008| the date of the last election on the question.
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0009| [I.] H. Notwithstanding the provisions of
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0010| Subsection F of this section, any Indian tribe or pueblo whose
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0011| lands are wholly situated within the state that has, by statute,
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0012| ordinance or resolution, elected to permit the sale, possession
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0013| or consumption of alcoholic beverages on lands within the
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0014| territorial boundaries of the tribe or pueblo may, by statute,
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0015| ordinance or resolution of the governing body of the Indian
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0016| tribe or pueblo, permit Sunday sales by the drink on the
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0017| licensed premises of licensees on lands within the territorial
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0018| boundaries of the tribe or pueblo; provided that a certified
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0019| copy of [such] the enactment is filed with the office of the
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0020| director and of the secretary of state.
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0021| [J.] I. Subject to the provisions of Subsection
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0022| [K] J of this section, a dispenser or retailer, upon payment
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0023| of an additional fee of one hundred dollars ($100), may obtain a
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0024| permit to sell alcoholic beverages in unbroken packages for
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0025| consumption off the licensed premises on Sundays from [12:00]
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0001| noon until midnight and, in those years when December 31 falls
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0002| on a Sunday, from [12:00] noon on December 31 until 2:00 a.m.
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0003| of the following day. The permit shall expire on June 30 of
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0004| each year and may be renewed from year to year upon application
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0005| for renewal and payment of the required fee. The permit fee
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0006| shall not be prorated. Sales made pursuant to the provisions of
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0007| this subsection shall be called "Sunday package sales".
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0008| [K.] J. If a petition requesting the governing
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0009| body of a local option district to call an election on the
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0010| question of continuing to allow sales of alcoholic beverages in
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0011| unbroken packages for consumption off the licensed premises on
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0012| Sundays is filed with the clerk of the governing body and that
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0013| petition is signed by at least ten percent of the number of
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0014| registered voters of the local option district and the clerk of
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0015| the governing body verifies the petition signatures, the
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0016| governing body shall adopt a resolution calling an election on
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0017| the question. The election shall be held within sixty days of
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0018| the date the petition is verified, or it may be held in
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0019| conjunction with a regular election of the governing body, if
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0020| the regular election occurs within sixty days of the petition
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0021| verification. The election shall be called, conducted, counted
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0022| and canvassed substantially in the manner provided by law for
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0023| general elections within a county or special municipal elections
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0024| within a municipality. If a majority of the voters of the local
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0025| option district voting in the election votes to allow the sale
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0001| of alcoholic beverages in unbroken packages for consumption off
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0002| the licensed premises, then those sales shall continue to be
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0003| allowed. If a majority of the voters of the local option
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0004| district voting in the election votes not to allow the Sunday
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0005| package sales, then those Sunday package sales shall be
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0006| prohibited commencing the first Sunday after the results of the
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0007| election are certified. Following the election, the question of
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0008| allowing the Sunday package sales shall not be submitted again
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0009| to the voters within two years of the date of the last election
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0010| on the question.
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0011| K. Notwithstanding the provisions of Subsection C
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0012| of Section 60-7A-22 NMSA 1978 that prohibit the sale of
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0013| alcoholic beverages at a drive-up window, the governing body of
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0014| a local option district shall adopt a resolution calling for an
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0015| election on the question of whether to allow the sale or
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0016| delivery of alcoholic beverages at any time from a drive-up
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0017| window, when a petition to call an election on that question is
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0018| filed with the clerk of the governing body and that petition is
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0019| signed by at least ten percent of the number of registered
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0020| voters in the local option district and the clerk of the
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0021| governing body verifies the signatures. The election shall be
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0022| held in conjunction with the next regular election of the
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0023| governing body or the next statewide general election following
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0024| verification of the petition. The election shall be called,
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0025| conducted, counted and canvassed substantially in the manner
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0001| provided by law for general elections within a county or
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0002| municipality. If a majority of the voters in the local option
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0003| district voting in the election votes to continue the
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0004| prohibition on the sale of alcoholic beverages from a drive-up
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0005| window, then those sales shall continue to be prohibited. If a
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0006| majority of the voters in the local option district voting in
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0007| the election votes to allow the sale of alcoholic beverages from
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0008| a drive-up window, then those sales shall be allowed commencing
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0009| the first Saturday after the results of the election are
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0010| certified. Following the election, the question of whether to
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0011| allow the sale or delivery of alcoholic beverages at any time
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0012| from a drive-up window shall not be submitted again to the
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0013| voters within two years of the date of the last election on the
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0014| question."
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0015| Section 2. Section 60-7A-22 NMSA 1978 (being Laws 1981,
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0016| Chapter 39, Section 108, as amended) is amended to read:
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0017| "60-7A-22. DRINKING IN PUBLIC ESTABLISHMENTS--SELLING OR
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0018| SERVING ALCOHOLIC BEVERAGES OTHER THAN IN LICENSED
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0019| ESTABLISHMENTS--SELLING ALCOHOLIC BEVERAGES AT A DRIVE-UP
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0020| WINDOW.--
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0021| A. It is a violation of the Liquor Control Act for
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0022| any person to consume alcoholic beverages in any public
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0023| establishment unless the establishment is licensed to sell and
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0024| serve alcoholic beverages.
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0025| B. It is a violation of the Liquor Control Act for
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0001| any person not a licensee to sell, serve or permit the
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0002| consumption of alcoholic beverages in his public establishment
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0003| or private club.
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0004| C. [On or after the effective date of the Liquor
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Control Act, no new drive-up windows used for the sale of
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alcoholic beverages shall be permitted by the director;
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provided, however, licensed premises that include drive-up
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windows may be relocated and include a drive-up window if the
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lease on the current licensed premises expires.] It is a
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0010| violation of the Liquor Control Act for any licensee to sell
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0011| alcoholic beverages at a drive-up window."
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0012| Section 3. EFFECTIVE DATE.--The effective date of the
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0013| provisions of this act is July 1, 1996.
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0014| - 11 - State of New Mexico
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0015| House of Representatives
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0016|
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0017| FORTY-SECOND LEGISLATURE
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0018| SECOND SESSION, 1996
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0019|
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0020|
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0021| February 6, 1996
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0022|
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0023|
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0024| Mr. Speaker:
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0025|
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0001| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
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0002| been referred
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0003|
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0004| HOUSE BILL 417
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0005|
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0006| has had it under consideration and reports same with
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0007| recommendation that it DO NOT PASS, and thence referred to
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0008| the JUDICIARY COMMITTEE.
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0009|
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0010| Respectfully submitted,
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0011|
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0012|
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0013|
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0014|
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0015| Fred Luna, Chairman
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0016|
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0017|
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0018| Adopted Not Adopted
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0019|
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022| Date
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0023|
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0024| The roll call vote was 7 For 5 Against
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0025| Yes: 7
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0001| No: Alwin, Gubbels, Hobbs, Macko, R.R. Sanchez
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0002| Excused: None
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0003| Absent: None
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0004|
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0005|
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0006|
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0007| H0417BI1
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