0001|                            HOUSE BILL 17
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                              TED HOBBS
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0005|     
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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|                                AN ACT
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0011|     RELATING TO ALCOHOL; AUTHORIZING LOCAL OPTION ELECTIONS
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0012|     REGARDING THE SALE OF ALCOHOLIC BEVERAGES FROM DRIVE-UP
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0013|     WINDOWS; AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0017|     Chapter 39, Section 47, as amended) is amended to read:
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0018|          "60-7A-1.  HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0019|     <u>DRIVE-UP WINDOW SALES</u>--CHRISTMAS DAY SALES--SUNDAY SALES FOR
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0020|     CONSUMPTION OFF THE LICENSED PREMISES--ELECTIONS.--
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0021|               A.  Alcoholic beverages shall be sold, served and
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0022|     consumed on licensed premises only during the following hours
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0023|     and days:
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0024|                    (1)  on Mondays from 7:00 a.m. until midnight;
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0025|                    (2)  on other weekdays from after midnight of
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0001|     the previous day until 2:00 a.m., then from 7:00 a.m. until
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0002|     midnight, except as provided in Subsections D, E and H of this
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0003|     section; and
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0004|                    (3)  on Sundays only after midnight of the
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0005|     previous day until 2:00 a.m., except as provided in Subsections
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0006|     C and F of this section; provided, however, nothing in this
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0007|     section shall prohibit the consumption at any time of alcoholic
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0008|     beverages in guest rooms of hotels.
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0009|               B.  Alcoholic beverages shall be sold by a dispenser
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0010|     or a retailer in unbroken packages, for consumption off the
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0011|     licensed premises and not for resale, on Mondays through
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0012|     Saturdays from 7:00 a.m. until 12:00 a.m. on the following day,
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0013|     except as provided in Subsections D, E and H of this section.
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0014|               C.  Subject to the provisions of Subsections F and I
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0015|     of this section, a dispenser, restaurant licensee or club may,
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0016|     upon payment of an additional fee of one hundred dollars
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0017|     ($100), obtain a permit to sell, serve or permit the
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0018|     consumption of alcoholic beverages by the drink on the licensed
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0019|     premises on Sundays from 12:00 noon until midnight and in those
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0020|     years when December 31 falls on a Sunday, from 12:00 noon until
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0021|     2:00 a.m. of the following day, except as otherwise provided in
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0022|     Subsection F of this section.  The permit shall expire on June
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0023|     30 of each year and may be renewed from year to year upon
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0024|     application for renewal and payment of the required fee.  The
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0025|     permit fee shall not be prorated.  Sales made pursuant to this
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0001|     subsection or Subsection I of this section shall be called
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0002|     "Sunday sales".
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0003|               D.  Retailers, dispensers, canopy licensees,
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0004|     restaurant licensees, club licensees and governmental licensees
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0005|     or its lessees shall not sell, serve, deliver or allow the
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0006|     consumption of alcoholic beverages on the licensed premises
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0007|     during voting hours on the days of the primary election,
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0008|     general election, elections for officers of a municipality or
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0009|     any other election as prescribed by the rules and regulations
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0010|     of the director.
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0011|               E.  Retailers, dispensers, canopy licensees that
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0012|     were replaced by dispenser's licensees pursuant to Section
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0013|     60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0014|     governmental licensees or its lessees shall not sell, serve,
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0015|     deliver or allow the consumption of alcoholic beverages on the
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0016|     licensed premises from 2:00 a.m. on Christmas day until 7:00
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0017|     a.m. on the day after Christmas, except as permitted pursuant
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0018|     to Subsection H of this section.
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0019|               F.  At the 1984 general election, the secretary of
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0020|     state shall order placed on the ballot in each local option
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0021|     district the question "Shall Sunday sales of alcoholic
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0022|     beverages by the drink for consumption on the licensed premises
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0023|     of licensees be allowed in this local option district?".  If
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0024|     the secretary of state determines a need, he may authorize the
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0025|     use of paper ballots for the purpose of the election provided
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0001|     for pursuant to this subsection.  Until such election, Sunday
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0002|     sales shall be permitted on the same basis in any local option
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0003|     district as provided under any former act, and the election
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0004|     held at the first general election following the effective date
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0005|     of the Liquor Control Act shall have no effect on whether
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0006|     Sunday sales are permitted in any local option district.  If
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0007|     the question is disapproved by a majority of those voting upon
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0008|     the question in the local option district, Sunday sales shall
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0009|     be unlawful in that local option district upon certification of
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0010|     the election returns, and the question shall not again be
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0011|     placed on the ballot in that local option district until:
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0012|                    (1)  at least one year has passed; and
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0013|                    (2)  a petition is filed with the local
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0014|     governing body bearing the signatures of registered qualified
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0015|     electors of the local option district equal in number to ten
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0016|     percent of the number of votes cast and counted in the local
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0017|     option district for governor in the last preceding general
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0018|     election in which a governor was elected.  The signatures on
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0019|     the petition shall be verified by the clerk of the county in
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0020|     which the local option district is situated.
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0021|               G.  The local governing body of a local option
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0022|     district <s>[in an eligible county]</s> shall:
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0023|                    (1)  adopt a resolution within <s>[sixty]</s>
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0024|     <u>ninety</u>  days of <s>[April 7, 1989]</s> <u>July 1, 1997</u> calling for
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0025|     an election to place on the ballot the question "Shall a
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0001|     retailer or dispenser be allowed to sell or deliver alcoholic
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0002|     beverages at any time from a drive-up window?";
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0003|                    (2)  arrange for the election to be held
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0004|     <s>[within sixty days after the date the resolution is adopted]</s>
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0005|     <u>in conjunction with the next regular election of the governing
</u>    |
<u></u>0006| <u>    body or the next statewide general election following adoption
</u>    |
<u></u>0007| <u>    of the resolution</u>; and
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0008|                    (3)  ensure that the election is called,
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0009|     conducted, counted and canvassed in the manner provided by law
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0010|     for elections within the county.
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0011|          <s>[As used in this subsection, "eligible county" means any
</s>    |
<s></s>0012| <s>    county that, according to motor vehicle statistics reported to
</s>    |
<s></s>0013| <s>    the state highway and transportation department during the
</s>    |
<s></s>0014| <s>    years 1985 and 1986, convicted more than twenty-five persons
</s>    |
<s></s>0015| <s>    for each one thousand licensed drivers of driving while
</s>    |
<s></s>0016| <s>    intoxicated offenses.]</s>
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0017|               H.  On and after July 1, 1989, dispensers, canopy
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0018|     licensees that were replaced by dispenser's licensees pursuant
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0019|     to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0020|     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 sales or consumption on Christmas day.  An
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0002|     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 verification.  The election shall be
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0019|     called, conducted, counted and canvassed in substantially the
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0020|     same manner as provided for general elections in the county
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0021|     under the Election Code or for special municipal elections in a
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0022|     municipality under the Municipal Election Code.  If a majority
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0023|     of the voters voting on the question votes against continuing
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0024|     the sale, service or consumption of beer and wine with meals on
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0025|     licensed premises from noon until 10:00 p.m. on Christmas day,
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0001|     then such sales and consumption shall be prohibited.  If a
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0002|     majority of the voters voting on the question votes to allow
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0003|     continued sale, service and 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, then such sales and consumption shall be allowed
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0006|     to continue.  The question then shall not be submitted again to
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0007|     the voters within two years of the date of the last election on
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0008|     the question.
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0009|               I.  Notwithstanding the provisions of Subsection F
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0010|     of this section, any Indian tribe or pueblo whose lands are
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0011|     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 enactment is filed with the office of the director
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0020|     and of the secretary of state.
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0021|               J.  Subject to the provisions of Subsection K of
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0022|     this section, a dispenser or retailer, upon payment of an
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0023|     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. of
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0003|     the following day.  The permit shall expire on June 30 of each
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0004|     year and may be renewed from year to year upon application for
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0005|     renewal and payment of the required fee.  The permit fee shall
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0006|     not be prorated.  Sales made pursuant to the provisions of this
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0007|     subsection shall be called "Sunday package sales".
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0008|               K.  If a petition requesting the governing body of a
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0009|     local option district to call an election on the question of
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0010|     continuing to allow sales of alcoholic beverages in unbroken
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0011|     packages for consumption off the licensed premises on Sundays
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0012|     is filed with the clerk of the governing body and that petition
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0013|     is signed by at least ten percent of the number of registered
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0014|     voters of the local option district and the clerk of the
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0015|     governing body verifies the petition signatures, the governing
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0016|     body shall adopt a resolution calling an election on the
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0017|     question.  The election shall be held within sixty days of the
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0018|     date the petition is verified, or it may be held in conjunction
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0019|     with a regular election of the governing body, if the regular
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0020|     election occurs within sixty days of the petition verification. 
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0021|     The election shall be called, conducted, counted and canvassed
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0022|     substantially in the manner provided by law for general
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0023|     elections within a county or special municipal elections within
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0024|     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|     <u>package</u> sales, then those Sunday <u>package</u> 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
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0008|     of allowing the Sunday <u>package</u> sales shall not be submitted
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0009|     again to the voters within two years of the date of the last
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0010|     election on the question."
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0011|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0012|     provisions of this act is July 1, 1997.
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0013|                                  
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0014|     
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0015|     
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0016|     
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0017|     
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0018|                            State of New Mexico
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0019|                      House of Representatives
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0020|   
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0021|                      FORTY-THIRD LEGISLATURE
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0022|                        FIRST SESSION, 1997
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0023|   
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0024|   
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0025|                                                February 6, 1997
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0001|   
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0002|   Mr. Speaker:
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0003|   
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0004|        Your BUSINESS AND INDUSTRY COMMITTEE, to whom
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0005|   has been referred
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0006|   
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0007|                        HOUSE BILL 17
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0008|   
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0009|   has had it under consideration and reports same with
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0010|   recommendation that it DO PASS, amended as follows:
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0011|   
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0012|        1.  On page 1, line 13, after "ACT" insert "; PROVIDING FOR
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0013|   COMPENSATION".
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0014|   
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0015|        2.  On page 9, between lines 9 and 10, insert the following:
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0016|   
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0017|        "Section 2.  [<u>NEW MATERIAL</u>]  COMPENSATION FOR MANDATORY
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0018|   DRIVE-UP WINDOW CLOSURE--PROCESS.--
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0019|   
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0020|             A.  The governing body of a local option district
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0021|   shall prohibit sales or delivery of alcoholic beverages through a
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0022|   drive-up window of a licensee if the majority of the registered
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0023|   qualified electors in the local option district voting on the
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0024|   question "Shall a retailer or dispenser be allowed to sell or
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0025|   deliver alcoholic beverages at any time from a drive-up window?"
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0001|   voted against allowing sales or deliveries of alcoholic beverages
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0002|   from a drive-up window.
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0003|   
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0004|             B.  Any licensee claiming to be damaged due to the
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0005|   closure of his drive-up window shall petition the governing body
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0006|   of the local option district for a hearing to determine the loss
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0007|   if any he has suffered as a direct result of the closure of the
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0008|   drive-up window.
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0009|   
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0010|             C.  The local governing body shall appoint a hearing
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0011|   officer to make a record of the damages claimed by the licensee
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0012|   and comments from the general public in favor of or in opposition
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0013|   to the claims of the licensee.
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0014|   
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0015|             D.  The governing body shall make a determination
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0016|   based on the record regarding whether the evidence presented
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0017|   showed that the licensee was damaged by the drive-up window
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0018|   closure.
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0019|   
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0020|             E.  Upon a finding by the governing body that the
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0021|   licensee was damaged, and the damage was a direct result of the
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0022|   mandatory closure of the licensee's drive-up window, the local
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0023|   governing body and the licensee, or their representatives, shall
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0024|   determine an equitable level of compensation due to the licensee.
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0025|   
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0001|             F.  If no agreement can be reached through negotiation
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0002|   between the parties or if a determination made by the governing
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0003|   body regarding whether the licensee was damaged by closure of the
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0004|   drive-up window is challenged by the licensee, the parties shall
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0005|   submit to mediation to determine a level of compensation due to
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0006|   the licensee.  The mediator shall be agreed upon and the costs of
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0007|   the mediation shall be borne equally by both parties.
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0008|   
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0009|             G.  If mediation does not result in an agreement
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0010|   regarding compensation due to the licensee, either party may
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0011|   petition the district court in which the local option district is
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0012|   located to determine an equitable level of compensation due to
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0013|   the licensee.  The court shall base its determination in part on
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0014|   the record of the hearing held pursuant to the provisions of this
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0015|   section and on the record of the determination made by the
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0016|   governing body finding that compensation was or was not due to
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0017|   the licensee.  The court may hear additional testimony from the
    |
0018|   parties to determine a compensation level.
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0019|   
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0020|             H.  The governing body of the local option district
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0021|   shall be liable for payment of the full compensation to a
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0022|   licensee determined pursuant to the provisions of this section.".
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0023|   
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0024|        3.  Renumber the succeeding section accordingly.,
    |
0025|   
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0001|   and thence referred to the JUDICIARY COMMITTEE.
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0002|   
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0003|   The roll call vote on Amendment #2 was<u> 11 </u> For<u> 1 </u> Against
    |
0004|   Yes:      11
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0005|   No:       Chavez
    |
0006|   Excused:  Olguin
    |
0007|   Absent:   None
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0008|   
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0009|                                 Respectfully submitted,
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0010|   
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0011|   
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0012|   
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0013|                                 <u>                                
</u>    |
<u></u>0014| <u>  
</u>    |
<u></u>0015| <u>                                </u>                             Fred Luna, Chairman
    |

0016|   
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0017|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0018| <u>   </u>
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0019|             (Chief Clerk)                       (Chief Clerk)
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0020|   
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0021|                        Date <u>            </u>
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0022|   
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0023|   The roll call vote was<u> 12 </u> For<u> 0 </u> Against
    |
0024|   Yes:      12
    |
0025|             Excused:  Olguin
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0001|             Absent:   None
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0002|   
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0003|   
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0004|                                                       .115897.2
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0005|   G:\BILLTEXT\BILLW_97\H0017                       State of New Mexico
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0006|                      House of Representatives
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0007|   
    |
0008|                      FORTY-THIRD LEGISLATURE
    |
0009|                        FIRST SESSION, 1997
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0010|   
    |
0011|   
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0012|                                               February 17, 1997
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0013|   
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0014|   
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0015|   Mr. Speaker:
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0016|   
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0017|        Your JUDICIARY COMMITTEE, to whom has been referred
    |
0018|   
    |
0019|                        HOUSE BILL 17
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0020|                               
    |
0021|   has had it under consideration and reports same with
    |
0022|   recommendation that it DO PASS, amended as follows:
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0023|   
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0024|        1.   Strike House Business and Industry amendments 1-3.
    |
0025|        
    |
0001|   
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0002|        2.   On page 4, line 21, strike "shall" and insert in lieu
    |
0003|   thereof "may".
    |
0004|   
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0005|        3.   On page 4, lines 22 through 23, strike "within ninety
    |
0006|   days of July, 1997" and insert in lieu thereof "on or before July
    |
0007|   1, 1999,".
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0008|   
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0009|                                 Respectfully submitted,
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0010|   
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0011|   
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0012|   
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0013|                                                               <u>                                
</u>    |
<u></u>0014| <u>                                </u>
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0015|                                                               Thomas P. Foy, Chairman
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0016|   
    |
0017|   
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0018|   Adopted <u>                    </u>     Not Adopted <u>                    
</u>    |
<u></u>0019| <u>   </u>
    |
0020|             (Chief Clerk)                       (Chief Clerk)
    |
0021|   
    |
0022|                        Date <u>            </u>
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0023|   
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0024|   The roll call vote was<u> 8 </u> For<u> 1 </u> Against
    |
0025|   Yes:      8
    |
0001|             No:       Foy
    |
0002|             Excused:  Luna, Rios, Sanchez, Stewart
    |
0003|             Absent:   None
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0004|   
    |
0005|   
    |
0006|   
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0007|   G:\BILLTEXT\BILLW_97\H0017  
    |
0008|   
    |
0009|                      FORTY-THIRD LEGISLATURE
    |
0010|                        FIRST SESSION, 1997
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0011|   
    |
0012|   
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0013|                                                  March 14, 1997
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0014|   
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0015|   Mr. President:
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0016|   
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0017|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been
    |
0018|   referred
    |
0019|   
    |
0020|                     HOUSE BILL 17, as amended
    |
0021|   
    |
0022|   has had it under consideration and reports same with
    |
0023|   recommendation that it DO PASS, and thence referred to the
    |
0024|   JUDICIARY COMMITTEE.
    |
0025|   
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0001|                                Respectfully submitted,
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0002|   
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0003|   
    |
0004|   
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0005|                                
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0006|   __________________________________
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0007|                                Shannon Robinson, Chairman 
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0008|   
    |
0009|   
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0010|   
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0011|   Adopted_______________________   Not
    |
0012|   Adopted_______________________
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0013|             (Chief Clerk)                          (Chief Clerk)
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0014|   
    |
0015|   
    |
0016|                     Date ________________________
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0017|   
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0018|   
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0019|   The roll call vote was <u> 5 </u> For <u> 3 </u> Against
    |
0020|           Yes:    5
    |
0021|           No:     Garcia, Ingle, Rodarte
    |
0022|   Excused: Smith
    |
0023|           Absent: None
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0024|   
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0025|   
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0001|   
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0002|   
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0003|   H0017PA1
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0004|                                  
    |
0005|     
    |
0006|   
    |
0007|                      FORTY-THIRD LEGISLATURE
    |
0008|                        FIRST SESSION, 1997
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0009|   
    |
0010|   
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0011|                                                  March 17, 1997
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0012|   
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0013|   Mr. President:
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0014|   
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0015|       Your JUDICIARY COMMITTEE, to whom has been referred
    |
0016|   
    |
0017|                     HOUSE BILL 17, as amended
    |
0018|   
    |
0019|   has had it under consideration and reports same with
    |
0020|   recommendation that it DO PASS, and thence referred to the
    |
0021|   FINANCE COMMITTEE.
    |
0022|   
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0023|                                Respectfully submitted,
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0024|   
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0025|   
    |
0001|   
    |
0002|                                
    |
0003|   __________________________________
    |
0004|                                Fernando R. Macias, Chairman 
    |
0005|   
    |
0006|   
    |
0007|   
    |
0008|   Adopted_______________________   Not
    |
0009|   Adopted_______________________
    |
0010|             (Chief Clerk)                          (Chief Clerk)
    |
0011|   
    |
0012|   
    |
0013|                     Date ________________________
    |
0014|   
    |
0015|   
    |
0016|   The roll call vote was<u> 7 </u> For<u> 0 </u> Against
    |
0017|           Yes:    7
    |
0018|           No:     0
    |
0019|                Excused:     Stockard
    |
0020|           Absent: None
    |
0021|   
    |
0022|   
    |
0023|   H0017JU1
    |
0024|   
    |
0025|                        FORTY-THIRD LEGISLATURE
    |
0001|                           FIRST SESSION
    |
0002|   
    |
0003|   
    |
0004|                                                  March 16, 1997
    |
0005|   
    |
0006|   
    |
0007|   SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 17, as
    |
0008|   amended
    |
0009|   
    |
0010|   Amendment sponsored by Senator Manny M. Aragon 
    |
0011|   
    |
0012|   
    |
0013|       1.  Strike House Judiciary Committee Amendments 2 and 3.
    |
0014|   
    |
0015|       2.  On page 1, lines 11 and 12, strike "AUTHORIZING LOCAL
    |
0016|   OPTION ELECTIONS REGARDING" and insert in lieu thereof
    |
0017|   "PROHIBITING".
    |
0018|   
    |
0019|       3.  On page 1, line 12, after the semicolon insert "CREATING
    |
0020|   COMPENSATING LICENSES;".
    |
0021|   
    |
0022|       4.  On page 1, line 13, strike "A SECTION" and insert in
    |
0023|   lieu thereof "AND ENACTING SECTIONS".
    |
0024|   
    |
0025|       5.  On pages 1 through 9, strike Section 1 in its entirety
    |
0001|   and insert in lieu thereof the following:
    |
0002|   
    |
0003|       "Section 1.  A new section of the Liquor Control Act is
    |
0004|   enacted to read:
    |
0005|   
    |
0006|       "[<u>NEW MATERIAL</u>]  COMPENSATING LICENSES.--
    |
0007|   
    |
0008|           A.  Beginning January 1, 1998 the sale or delivery of
    |
0009|   alcoholic beverages through a drive-up window of a licensee is
    |
0010|   prohibited.
    |
0011|   
    |
0012|           B.  A licensee whose sales or deliveries of alcoholic
    |
0013|   beverages from his licensed premises prior to January 1, 1998 are
    |
0014|   conducted through his drive-up window may apply by July 1, 1998
    |
0015|   to the director for a compensating license.
    |
0016|   
    |
0017|           C.  A compensating license:
    |
0018|   
    |
0019|                (1)  permits the licensee to sell alcoholic
    |
0020|   beverages in unbroken packages for consumption off premises
    |
0021|   except if issued to a hotel as provided in this section;
    |
0022|   
    |
0023|                (2)  may be reserved in the name of a licensee
    |
0024|   qualified to receive a compensating license for no longer than
    |
0025|   thirty-six months following the date that the licensee applies
    |
0001|   for the compensating license, but the compensating license shall
    |
0002|   be voided and shall not be issued to any person if no license
    |
0003|   application has been made identifying the proposed premises for
    |
0004|   which the compensating license will be used within that thirty-
    |
0005|   six month period;
    |
0006|   
    |
0007|                (3)  may be sold or transferred to a second owner
    |
0008|   or transferred to a new premises only one time after an
    |
0009|   application has been made to reserve the compensating license and
    |
0010|   may be located in any local option district in the state,
    |
0011|   notwithstanding the quota provisions of the Liquor Control Act;
    |
0012|   
    |
0013|                (4)  is subject to all administrative processes
    |
0014|   required by the Liquor Control Act to locate a new license in a
    |
0015|   local option district; and
    |
0016|   
    |
0017|                (5)  if issued or sold to a hotel, may be converted
    |
0018|   to a dispenser's license without the package sale privileges, but
    |
0019|   may not be transferred from the licensed premises for which the
    |
0020|   conversion was made.
    |
0021|   
    |
0022|           D.  The director shall not charge a license fee for a
    |
0023|   compensating license while it is held in reserve for a licensee. 
    |
0024|   A license fee shall be due and payable by the new licensee when
    |
0025|   the license is sold or transferred to a new owner or when the
    |
0001|   licensee opens a licensed premises pursuant to the compensating
    |
0002|   license.
    |
0003|   
    |
0004|           E.  As used in this section, "compensating license"
    |
0005|   means a retailer's license or in some limited cases, a
    |
0006|   dispenser's license, that is reserved for or issued to a licensee
    |
0007|   by the department to compensate that licensee for the loss he may
    |
0008|   suffer when required to permanently close a drive-up window and
    |
0009|   cease selling or delivering alcoholic beverages through that
    |
0010|   drive-up window on January 1, 1998."
    |
0011|   
    |
0012|       Section 2.  Section 60-6A-15 NMSA 1978 (being Laws 1981,
    |
0013|   Chapter 39, Section 32, as amended) is amended to read:
    |
0014|   
    |
0015|       "60-6A-15.  LICENSE FEES.--Every application for the
    |
0016|   issuance or annual renewal of the following licenses shall be
    |
0017|   accompanied by a license fee in the following specified amounts:
    |
0018|   
    |
0019|           A.  manufacturer's license as a distiller, except a
    |
0020|   brandy manufacturer, three thousand dollars ($3,000);
    |
0021|   
    |
0022|           B.  manufacturer's license as a brewer, three thousand
    |
0023|   dollars ($3,000);
    |
0024|   
    |
0025|           C.  manufacturer's license as a rectifier, one thousand
    |
0001|   fifty dollars ($1,050);
    |
0002|   
    |
0003|           D.  wholesaler's license to sell all alcoholic beverages
    |
0004|   for resale only, two thousand five hundred dollars ($2,500);
    |
0005|   
    |
0006|           E.  wholesaler's license to sell spirituous liquors and
    |
0007|   wine for resale only, one thousand seven hundred fifty dollars
    |
0008|   ($1,750);
    |
0009|   
    |
0010|           F.  wholesaler's license to sell spirituous liquors for
    |
0011|   resale only, one thousand five hundred dollars ($1,500);
    |
0012|   
    |
0013|           G.  wholesaler's license to sell beer and wine for
    |
0014|   resale only, one thousand five hundred dollars ($1,500);
    |
0015|   
    |
0016|           H.  wholesaler's license to sell beer for resale only,
    |
0017|   one thousand dollars ($1,000);
    |
0018|   
    |
0019|           I.  wholesaler's license to sell wine for resale only,
    |
0020|   seven hundred fifty dollars ($750);
    |
0021|   
    |
0022|           J.  retailer's license, one thousand two hundred fifty
    |
0023|   dollars ($1,250);
    |
0024|   
    |
0025|           K.  dispenser's license, one thousand two hundred fifty
    |
0001|   dollars ($1,250);
    |
0002|   
    |
0003|           L.  canopy license, one thousand two hundred fifty
    |
0004|   dollars ($1,250);
    |
0005|   
    |
0006|           M.  restaurant license, one thousand dollars ($1,000);
    |
0007|   
    |
0008|           N.  club license, one thousand two hundred fifty dollars
    |
0009|   ($1,250);
    |
0010|   
    |
0011|           O.  wine bottler's license to sell to wholesalers only,
    |
0012|   five hundred dollars ($500);
    |
0013|   
    |
0014|           P.  public service license, one thousand two hundred
    |
0015|   fifty dollars ($1,250);
    |
0016|   
    |
0017|           Q.  nonresident licenses, for a total billing to New
    |
0018|   Mexico wholesalers in excess of:
    |
0019|   
    |
0020|   $3,000,000 annually. . . . . . . . . . . . . . .  $3,500;    
    |
0021|    1,000,000 annually. . . . . . . . . . . . . . .   1,750;    
    |
0022|      500,000 annually. . . . . . . . . . . . . . .   1,250;    
    |
0023|      200,000 annually. . . . . . . . . . . . . . .     900;    
    |
0024|      100,000 annually. . . . . . . . . . . . . . .     600; and
    |
0025|       50,000 or less annually. . . . . . . . . . .     300;    
    |
0001|   
    |
0002|           R.  wine wholesaler's license, for persons with sales of
    |
0003|   five thousand gallons of wine per year or less, twenty-five
    |
0004|   dollars ($25.00), and for persons with sales in excess of five
    |
0005|   thousand gallons of wine per year, one hundred dollars ($100);
    |
0006|   <s>[and]</s>
    |
0007|   
    |
0008|           S.  beer bottler's license, two hundred dollars ($200);
    |
0009|   <u>and
</u>    |
<u></u>0010| <u>  
</u>    |
<u></u>0011| <u>  </u>
    |
0012|           <u>T.  compensating license, one thousand two hundred
</u>    |
<u></u>0013| <u>  fifty dollars ($1,250)</u>."".
    |
0014|   
    |
0015|       6.  Renumber the succeeding section accordingly.
    |
0016|   
    |
0017|   
    |
0018|   
    |
0019|   
    |
0020|   
    |
0021|   
    |
0022|                                       __________________________
    |
0023|                                       Manny M. Aragon
    |
0024|   
    |
0025|   
    |
0001|   
    |
0002|   Adopted ___________________   Not Adopted _______________________
    |
0003|            (Chief Clerk)                    (Chief Clerk)
    |
0004|   
    |
0005|   
    |
0006|                    Date _________________
    |
0007|                        FORTY-THIRD LEGISLATURE
    |
0008|                        FIRST SESSION, 1997
    |
0009|   
    |
0010|   
    |
0011|   
    |
0012|                                       October 23, 1997
    |
0013|   
    |
0014|   
    |
0015|   SENATE FLOOR AMENDMENT number <u>      </u> to HOUSE BILL 17
    |
0016|   
    |
0017|   AMENDMENT sponsored by SENATOR VERNON
    |
0018|   
    |
0019|       1.  On page 9, between lines 9 and 10 insert:
    |
0020|   
    |
0021|       "If any part or application of this act is held invalid, the
    |
0022|   remainder or its application to other situations or persons shall
    |
0023|   not be affected.".
    |
0024|   
    |
0025|   
    |
0001|   
    |
0002|   
    |
0003|                                    <u>                              
</u>    |
<u></u>0004| <u>  </u>
    |
0005|                                    Senator L. Skip Vernon
    |
0006|   
    |
0007|   
    |
0008|   
    |
0009|   Adopted <u>                       </u>     Not Adopted <u>               
</u>    |
<u></u>0010| <u>         </u>
    |
0011|            (Chief Clerk)              
    |
0012|          (Chief Clerk)
    |
0013|   
    |
0014|   
    |
0015|                                Date <u>                           
</u>    |
<u></u>0016| <u>  </u>
    |
0017|   
    |
0018|   
    |
0019|   H0017FS2  
    |
0020|   
    |
0021|                      FORTY-THIRD LEGISLATURE
    |
0022|                           FIRST SESSION
    |
0023|   
    |
0024|   
    |
0025|                                                  March 22, 1997
    |
0001|   
    |
0002|   Mr. President:
    |
0003|   
    |
0004|       Your CONFERENCE COMMITTEE, to whom has been referred
    |
0005|   
    |
0006|                
    |
0007|                     HOUSE BILL 17, as amended
    |
0008|   
    |
0009|   
    |
0010|   has had it under consideration and reports same with the
    |
0011|   following recommendations: 
    |
0012|   
    |
0013|       1.  The following House Judiciary Committee amendments be
    |
0014|   APPROVED:
    |
0015|   
    |
0016|           Nos. 1, 2 and 3.
    |
0017|   
    |
0018|       2.  The following items of Senate Floor Amendment 1 be
    |
0019|   APPROVED:
    |
0020|       
    |
0021|           Items 3 and 4.
    |
0022|   
    |
0023|       3.  The following items of Senate Floor Amendment 1 be
    |
0024|   DISAPPROVED:
    |
0025|   
    |
0001|           Items 1, 2, 5 and 6.
    |
0002|   
    |
0003|       4.  Senate Floor Amendment 2 be DISAPPROVED.
    |
0004|   
    |
0005|   and that the bill be amended further as follows:
    |
0006|   
    |
0007|       5.  On page 9, between lines 9 and 10, insert the following
    |
0008|   new sections:
    |
0009|   
    |
0010|       "Section 2.  A new section of the Liquor Control Act is
    |
0011|   enacted to read:
    |
0012|   
    |
0013|       "[<u>NEW MATERIAL</u>]  COMPENSATING LICENSES.--
    |
0014|   
    |
0015|           A.  A licensee whose sales or deliveries of alcoholic
    |
0016|   beverages from his licensed premises as of March 21, 1997 are
    |
0017|   conducted through his drive-up window may apply to the director
    |
0018|   for a compensating license within ninety days of the results of a
    |
0019|   local option election that results in the prohibition of the sale
    |
0020|   of alcoholic beverages from drive-up windows within the local
    |
0021|   option district.
    |
0022|   
    |
0023|           B.  A licensee whose sales or deliveries of alcoholic
    |
0024|   beverages from his licensed premises as of March 21, 1997 are
    |
0025|   conducted through his drive-up window and who voluntarily closes
    |
0001|   his drive-up window may apply to the director for a compensating
    |
0002|   license on or before July 1, 1999.
    |
0003|   
    |
0004|           C.  A compensating license:
    |
0005|   
    |
0006|                (1)  permits the licensee to sell alcoholic
    |
0007|   beverages in unbroken packages for consumption off premises;
    |
0008|   
    |
0009|                (2)  may be reserved in the name of a licensee
    |
0010|   qualified to receive a compensating license for no longer than
    |
0011|   thirty-six months following the date that the licensee applies
    |
0012|   for the compensating license, but the compensating license shall
    |
0013|   be voided and shall not be issued to any person if no license
    |
0014|   application has been made identifying the proposed premises for
    |
0015|   which the compensating license will be used within that thirty-
    |
0016|   six month period;
    |
0017|   
    |
0018|   
    |
0019|                (3)  may be sold or transferred to a second owner
    |
0020|   or transferred to a new premises only one time after an
    |
0021|   application has been made to reserve the compensating license and
    |
0022|   may be located in any local option district in the state,
    |
0023|   notwithstanding the quota provisions of the Liquor Control Act;
    |
0024|   and
    |
0025|   
    |
0001|                (4)  is subject to all administrative processes
    |
0002|   required by the Liquor Control Act to locate a new license in a
    |
0003|   local option district.
    |
0004|   
    |
0005|           D.  The director shall not charge a license fee for a
    |
0006|   compensating license while it is held in reserve for a licensee. 
    |
0007|   A license fee shall be due and payable by the new licensee when
    |
0008|   the license is sold or transferred to a new owner or when the
    |
0009|   licensee opens a licensed premises pursuant to the compensating
    |
0010|   license.
    |
0011|   
    |
0012|           E.  As used in this section, "compensating license"
    |
0013|   means a retailer's license that is reserved for or issued to a
    |
0014|   licensee by the department to compensate that licensee for the
    |
0015|   loss he may suffer as a result of a local option election that
    |
0016|   results in the prohibition of the sale of alcoholic beverages
    |
0017|   from his drive-up window in the local option district."
    |
0018|   
    |
0019|       Section 3.  Section 60-6A-15 NMSA 1978 (being Laws 1981,
    |
0020|   Chapter 39, Section 32, as amended) is amended to read:
    |
0021|   
    |
0022|       "60-6A-15.  LICENSE FEES.--Every application for the
    |
0023|   issuance or annual renewal of the following licenses shall be
    |
0024|   accompanied by a license fee in the following specified amounts:
    |
0025|   
    |
0001|           A.  manufacturer's license as a distiller, except a
    |
0002|   brandy manufacturer, three thousand dollars ($3,000);
    |
0003|   
    |
0004|           B.  manufacturer's license as a brewer, three thousand
    |
0005|   dollars ($3,000);
    |
0006|   
    |
0007|           C.  manufacturer's license as a rectifier, one thousand
    |
0008|   fifty dollars ($1,050);
    |
0009|   
    |
0010|           D.  wholesaler's license to sell all alcoholic beverages
    |
0011|   for resale only, two thousand five hundred dollars ($2,500);
    |
0012|   
    |
0013|           E.  wholesaler's license to sell spirituous liquors and
    |
0014|   wine for resale only, one thousand seven hundred fifty dollars
    |
0015|   ($1,750);
    |
0016|   
    |
0017|           F.  wholesaler's license to sell spirituous liquors for
    |
0018|   resale only, one thousand five hundred dollars ($1,500);
    |
0019|   
    |
0020|           G.  wholesaler's license to sell beer and wine for
    |
0021|   resale only, one thousand five hundred dollars ($1,500);
    |
0022|   
    |
0023|           H.  wholesaler's license to sell beer for resale only,
    |
0024|   one thousand dollars ($1,000);
    |
0025|   
    |
0001|           I.  wholesaler's license to sell wine for resale only,
    |
0002|   seven hundred fifty dollars ($750);
    |
0003|   
    |
0004|           J.  retailer's license, one thousand two hundred fifty
    |
0005|   dollars ($1,250);
    |
0006|   
    |
0007|           K.  dispenser's license, one thousand two hundred fifty
    |
0008|   dollars ($1,250);
    |
0009|   
    |
0010|           L.  canopy license, one thousand two hundred fifty
    |
0011|   dollars ($1,250);
    |
0012|   
    |
0013|           M.  restaurant license, one thousand dollars ($1,000);
    |
0014|   
    |
0015|           N.  club license, one thousand two hundred fifty dollars
    |
0016|   ($1,250);
    |
0017|   
    |
0018|           O.  wine bottler's license to sell to wholesalers only,
    |
0019|   five hundred dollars ($500);
    |
0020|   
    |
0021|           P.  public service license, one thousand two hundred
    |
0022|   fifty dollars ($1,250);
    |
0023|   
    |
0024|           Q.  nonresident licenses, for a total billing to New
    |
0025|   Mexico wholesalers in excess of:
    |
0001|   
    |
0002|   $3,000,000 annually. . . . . . . . . . . . . . .  $3,500;    
    |
0003|    1,000,000 annually. . . . . . . . . . . . . . .   1,750;    
    |
0004|      500,000 annually. . . . . . . . . . . . . . .   1,250;    
    |
0005|      200,000 annually. . . . . . . . . . . . . . .     900;    
    |
0006|      100,000 annually. . . . . . . . . . . . . . .     600; and
    |
0007|       50,000 or less annually. . . . . . . . . . .     300;    
    |
0008|   
    |
0009|           R.  wine wholesaler's license, for persons with sales of
    |
0010|   five thousand gallons of wine per year or less, twenty-five
    |
0011|   dollars ($25.00), and for persons with sales in excess of five
    |
0012|   thousand gallons of wine per year, one hundred dollars ($100);
    |
0013|   <s>[and]</s>
    |
0014|   
    |
0015|           S.  beer bottler's license, two hundred dollars ($200);
    |
0016|   <u>and
</u>    |
<u></u>0017| <u>  </u>
    |
0018|           <u>T.  compensating license, one thousand two hundred
</u>    |
<u></u>0019| <u>  fifty dollars ($1,250)</u>."
    |
0020|   
    |
0021|       Section 4.  SEVERABILITY.--If any part or application of
    |
0022|   this act is held invalid, the remainder or its application to
    |
0023|   other situations or persons shall not be affected.".
    |
0024|   
    |
0025|       6.  Renumber the succeeding section accordingly.
    |
0001|   
    |
0002|   
    |
0003|   
    |
0004|   
    |
0005|   <u>                                                            
</u>    |
<u></u>0006| <u>  </u>   
    |
0007|   
    |
0008|   
    |
0009|   <u>                                                            
</u>    |
<u></u>0010| <u>  </u>   
    |
0011|   
    |
0012|   
    |
0013|   <u>                                                            
</u>    |
<u></u>0014| <u>  </u>   
    |
0015|   
    |
0016|   
    |
0017|   
    |
0018|   
    |
0019|                    
    |
0020|   Adopted___________________   Not Adopted___________________
    |
0021|             (Chief Clerk)                     (Chief Clerk)
    |
0022|   
    |
0023|   
    |
0024|   
    |
0025|                         Date ______________
    |
0001|   
    |
0002|   
    |