0001| AN ACT | 0002| RELATING TO LIQUOR LICENSE TRANSFERS; PROVIDING AN ANNUAL LIMIT ON | 0003| RETAILER'S AND DISPENSER'S LICENSE TRANSFERS; AMENDING AND REPEALING | 0004| SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 60-6B-12 NMSA 1978 (being Laws 1981, Chapter | 0008| 39, Section 113, as amended) is amended to read: | 0009| "60-6B-12. INTER-LOCAL OPTION DISTRICT TRANSFERS.-- | 0010| A. All dispenser's and retailer's licenses originally | 0011| issued before July 1, 1981, except rural dispenser's and rural | 0012| retailer's licenses and canopy licenses that were replaced by | 0013| dispenser's licenses pursuant to Section 60-6B-16 NMSA 1978, may be | 0014| transferred to any location within the state, except class B counties | 0015| having a population of between fifty-six thousand and fifty-seven | 0016| thousand according to the 1980 federal decennial census, the | 0017| municipalities located within those class B counties and any | 0018| municipality or county that prohibits by election the transfer of a | 0019| license from another local option district, without regard to the | 0020| limitations on the maximum number of licenses provided in Section 60- | 0021| 6A-18 NMSA 1978, not otherwise contrary to law subject to the approval | 0022| of transferring locations of such liquor licenses of the governing | 0023| body for that location and provided all the requirements of the Liquor | 0024| Control Act and department regulations for the transfer of licenses | 0025| are fulfilled and provided further: | 0001| (1) the transfer of location does not lower the | 0002| number of dispenser's and retailer's licenses below that number | 0003| allowed by law in the local option district from which a license will | 0004| be transferred; | 0005| (2) beginning in calendar year 1997, no more than ten | 0006| dispenser's or retailer's licenses shall be transferred to any local | 0007| option district in any calendar year; | 0008| (3) the dispenser's or retailer's licenses | 0009| transferred under this section shall count in the computation of the | 0010| limitation of the maximum number of licenses that may be issued in the | 0011| future in any local option district as provided in Section 60-6A-18 | 0012| NMSA 1978 for the purpose of determining whether additional licenses | 0013| may be issued in the local option district under the provisions of | 0014| Subsection E of Section 60-6B-2 NMSA 1978; and | 0015| (4) the dispenser's or retailer's licenses shall be | 0016| operated or leased by the person who transfers the license to the | 0017| local option district for at least a period of one year from the date | 0018| of the approval of the transfer by the department. | 0019| B. Transfers of location of each liquor license pursuant to | 0020| Subsection A of this section shall become effective upon approval of | 0021| the local governing body, unless within one hundred twenty days after | 0022| the effective date of the Liquor Control Act a petition requesting an | 0023| election on the question of approval of statewide transfers of liquor | 0024| licenses into that local option district is filed with the clerk of | 0025| the local option district and the petition is signed by at least five | 0001| percent of the number of registered voters of the district. The clerk | 0002| of the district shall verify the petition signatures. If the petition | 0003| is verified as containing the required number of signatures of | 0004| registered voters, the governing body shall adopt a resolution calling | 0005| an election on the question of approving or disapproving statewide | 0006| transfers of liquor licenses into that district. Notice of such | 0007| election shall be published as provided in Section 3-8-35 NMSA 1978, | 0008| and the election shall be held within sixty days after the date the | 0009| petition is verified or it may be held in conjunction with a regular | 0010| election of the governing body if such election occurs within sixty | 0011| days after the date of verification. If a majority of the registered | 0012| voters of the district voting in such election votes to approve | 0013| statewide transfers of liquor licenses into the local option district, | 0014| each license proposing to be transferred shall be subject to the | 0015| approval of the governing body. If the voters of the district voting | 0016| in the election vote against the approval, then all statewide | 0017| transfers of liquor licenses pursuant to Subsection A of this section | 0018| shall be prohibited in that district, unless a petition is filed | 0019| requesting the question be again submitted to the voters as provided | 0020| in this subsection. The question of approving or disapproving | 0021| statewide transfers of liquor licenses into the local option district | 0022| shall not be submitted again within two years from the date of the | 0023| last election on the question. | 0024| C. Any dispenser's license transferred pursuant to this | 0025| section outside its local option district shall only entitle the | 0001| licensee to sell, serve or permit the consumption of alcoholic | 0002| beverages by the drink on the licensed premises. | 0003| D. Rural dispenser's, rural retailer's and rural club | 0004| licenses issued under any former act may be transferred to any | 0005| location, subject to the restrictions as to location contained in the | 0006| Liquor Control Act, within the unincorporated area of the county in | 0007| which they are currently located; provided they shall not be | 0008| transferred to any location within ten miles of another licensed | 0009| premises; and provided further that all requirements of the Liquor | 0010| Control Act and department regulations for the transfer of licenses | 0011| are fulfilled." | 0012| Section 2. REPEAL.--Section 60-6B-13 NMSA 1978 (being Laws 1981, | 0013| Chapter 39, Section 115) is repealed. | 0014| Section 3. EMERGENCY.--It is necessary for the public | 0015| peace, health and safety that this act take effect immediately. | 0016| |