State of New Mexico House of Representatives FORTY-THIRD LEGISLATURE FIRST SESSION, 1997 February 6, 1997 Mr. Speaker: Your BUSINESS AND INDUSTRY COMMITTEE, to whom has been referred HOUSE BILL 17 has had it under consideration and reports same with recommendation that it DO PASS, amended as follows: 1. On page 1, line 13, after "ACT" insert "; PROVIDING FOR COMPENSATION". 2. On page 9, between lines 9 and 10, insert the following: "Section 2. [NEW MATERIAL] COMPENSATION FOR MANDATORY DRIVE- UP WINDOW CLOSURE--PROCESS.-- A. The governing body of a local option district shall prohibit sales or delivery of alcoholic beverages through a drive-up window of a licensee if the majority of the registered qualified electors in the local option district voting on the question "Shall a retailer or dispenser be allowed to sell or deliver alcoholic beverages at any time from a drive-up window?" voted against allowing sales or deliveries of alcoholic beverages from a drive-up window. B. Any licensee claiming to be damaged due to the closure of his drive-up window shall petition the governing body of the local option district for a hearing to determine the loss if any he has suffered as a direct result of the closure of the drive-up window. C. The local governing body shall appoint a hearing officer to make a record of the damages claimed by the licensee and comments from the general public in favor of or in opposition to the claims of the licensee. D. The governing body shall make a determination based on the record regarding whether the evidence presented showed that the licensee was damaged by the drive-up window closure. E. Upon a finding by the governing body that the licensee was damaged, and the damage was a direct result of the mandatory closure of the licensee's drive-up window, the local governing body and the licensee, or their representatives, shall determine an equitable level of compensation due to the licensee. F. If no agreement can be reached through negotiation between the parties or if a determination made by the governing body regarding whether the licensee was damaged by closure of the drive- up window is challenged by the licensee, the parties shall submit to mediation to determine a level of compensation due to the licensee. The mediator shall be agreed upon and the costs of the mediation shall be borne equally by both parties. G. If mediation does not result in an agreement regarding compensation due to the licensee, either party may petition the district court in which the local option district is located to determine an equitable level of compensation due to the licensee. The court shall base its determination in part on the record of the hearing held pursuant to the provisions of this section and on the record of the determination made by the governing body finding that compensation was or was not due to the licensee. The court may hear additional testimony from the parties to determine a compensation level. H. The governing body of the local option district shall be liable for payment of the full compensation to a licensee determined pursuant to the provisions of this section.". 3. Renumber the succeeding section accordingly., and thence referred to the JUDICIARY COMMITTEE. The roll call vote on Amendment #2 was 11 For 1 Against Yes: 11 No: Chavez Excused: Olguin Absent: None Respectfully submitted, Fred Luna, Chairman Adopted Not Adopted (Chief Clerk) (Chief Clerk) Date The roll call vote was 12 For 0 Against Yes: 12 Excused: Olguin Absent: None .115897.2 G:\BILLTEXT\AMEND_97\H0017BI1