0001| AN ACT | 0002| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; AMENDING A | 0003| SECTION OF THE LIQUOR CONTROL ACT TO AUTHORIZE A LICENSEE DISPENSING | 0004| ALCOHOLIC BEVERAGES AT A CHURCH'S PUBLIC CELEBRATION TO DONATE PROFITS | 0005| FROM THOSE SALES TO THE CHURCH AND TO ALLOW SERVERS OF ALCOHOLIC | 0006| BEVERAGES TO DONATE TO THE CHURCH THEIR SERVICES AT THAT CELEBRATION. | 0007| | 0008| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0009| Section 1. Section 60-6A-12 NMSA 1978 (being Laws 1981, Chapter | 0010| 39, Section 29, as amended) is amended to read: | 0011| "60-6A-12. SPECIAL DISPENSER'S PERMITS--STATE AND LOCAL FEES.-- | 0012| A. Any person holding a dispenser's license in any local | 0013| option district where a public celebration is to be held may dispense | 0014| alcoholic beverages at the public celebration upon receiving written | 0015| approval from the board or other governing body in charge of the | 0016| public celebration and upon the payment of fifty dollars ($50.00) to | 0017| the department for a special dispenser's permit. | 0018| B. As used in this section, "public celebration" includes | 0019| any state fair, county fair, community fiesta, cultural or artistic | 0020| performance or professional athletic competition of a seasonal nature | 0021| or activities held on an intermittent basis. | 0022| C. In addition to the state fee and if previously provided | 0023| for by ordinance, the governing body of the local option district in | 0024| which the public celebration is held may charge an additional fee not | 0025| to exceed twenty-five dollars ($25.00) per day for each day the | 0001| permittee dispenses alcoholic beverages. The permittee shall be | 0002| subject to all state laws and regulations and all local regulations | 0003| regulating dispenser's privileges and disabilities. All fees | 0004| collected by the governing body of the local option district may be | 0005| used to fund free-ride home programs. | 0006| D. Any person holding a dispenser's license may be issued a | 0007| special dispenser's permit by the director allowing the dispensing of | 0008| alcoholic beverages at a function catered by that business, provided | 0009| the governing body of the local option district has given the person | 0010| seeking the permit written approval to dispense alcoholic beverages at | 0011| the catered function. The permit shall be valid for no more than | 0012| twelve hours. To apply for the permit, the holder of a dispenser's | 0013| license shall submit a fee of twenty-five dollars ($25.00), together | 0014| with such information as the director may require. The permittee | 0015| shall be subject to all state laws and regulations and all local | 0016| regulations except that the permittee shall not be required to suspend | 0017| the dispensing of alcoholic beverages at the licensed premises solely | 0018| because of the issuance of the special dispenser's permit. | 0019| E. A special dispenser's permit shall not be issued if the | 0020| application for the permit was received by the department less than | 0021| ten days prior to the function for which the permit was sought. The | 0022| person holding a dispenser's license and his employees shall be the | 0023| only persons permitted to dispense alcohol during the function. | 0024| Issuance of the special dispenser's permit is within the director's | 0025| discretion and is subject to any reasonable requirements imposed by | 0001| the director. | 0002| F. Any person holding a dispenser's license in a local | 0003| option district in which Sunday sales of alcoholic beverages are not | 0004| otherwise permitted under the Liquor Control Act may dispense beer and | 0005| wine on Sunday at any public celebration for which it has received a | 0006| concession from the board or other governing body in charge of the | 0007| public celebration, provided the governing body of that local option | 0008| district has by resolution expressly permitted such beer and wine | 0009| sales on Sunday at that public celebration in accordance with the | 0010| provisions of this section. | 0011| G. Any person holding a dispenser's license who | 0012| dispenses alcoholic beverages at a church's public celebration | 0013| under a special dispenser's permit pursuant to this section may | 0014| donate to the church holding the public celebration any portion of | 0015| the profits from the sale of alcoholic beverages at that public | 0016| celebration. Employees of that dispenser or other individuals who | 0017| have completed a certified alcohol server training program may | 0018| donate to the church holding a public celebration their services | 0019| as servers of alcoholic beverages at that public celebration." | 0020| |