FORTY-THIRD LEGISLATURE FIRST SESSION March 16, 1997 SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 17, as amended Amendment sponsored by Senator Manny M. Aragon 1. Strike House Judiciary Committee Amendments 2 and 3. 2. On page 1, lines 11 and 12, strike "AUTHORIZING LOCAL OPTION ELECTIONS REGARDING" and insert in lieu thereof "PROHIBITING". 3. On page 1, line 12, after the semicolon insert "CREATING COMPENSATING LICENSES;". 4. On page 1, line 13, strike "A SECTION" and insert in lieu thereof "AND ENACTING SECTIONS". 5. On pages 1 through 9, strike Section 1 in its entirety and insert in lieu thereof the following: "Section 1. A new section of the Liquor Control Act is enacted to read: "[NEW MATERIAL] COMPENSATING LICENSES.-- A. Beginning January 1, 1998 the sale or delivery of alcoholic beverages through a drive-up window of a licensee is prohibited. B. A licensee whose sales or deliveries of alcoholic beverages from his licensed premises prior to January 1, 1998 are conducted through his drive-up window may apply by July 1, 1998 to the director for a compensating license. C. A compensating license: (1) permits the licensee to sell alcoholic beverages in unbroken packages for consumption off premises except if issued to a hotel as provided in this section; (2) may be reserved in the name of a licensee qualified to receive a compensating license for no longer than thirty-six months following the date that the licensee applies for the compensating license, but the compensating license shall be voided and shall not be issued to any person if no license application has been made identifying the proposed premises for which the compensating license will be used within that thirty-six month period; (3) may be sold or transferred to a second owner or transferred to a new premises only one time after an application has been made to reserve the compensating license and may be located in any local option district in the state, notwithstanding the quota provisions of the Liquor Control Act; (4) is subject to all administrative processes required by the Liquor Control Act to locate a new license in a local option district; and (5) if issued or sold to a hotel, may be converted to a dispenser's license without the package sale privileges, but may not be transferred from the licensed premises for which the conversion was made. D. The director shall not charge a license fee for a compensating license while it is held in reserve for a licensee. A license fee shall be due and payable by the new licensee when the license is sold or transferred to a new owner or when the licensee opens a licensed premises pursuant to the compensating license. E. As used in this section, "compensating license" means a retailer's license or in some limited cases, a dispenser's license, that is reserved for or issued to a licensee by the department to compensate that licensee for the loss he may suffer when required to permanently close a drive-up window and cease selling or delivering alcoholic beverages through that drive-up window on January 1, 1998." Section 2. Section 60-6A-15 NMSA 1978 (being Laws 1981, Chapter 39, Section 32, as amended) is amended to read: "60-6A-15. LICENSE FEES.--Every application for the issuance or annual renewal of the following licenses shall be accompanied by a license fee in the following specified amounts: A. manufacturer's license as a distiller, except a brandy manufacturer, three thousand dollars ($3,000); B. manufacturer's license as a brewer, three thousand dollars ($3,000); C. manufacturer's license as a rectifier, one thousand fifty dollars ($1,050); D. wholesaler's license to sell all alcoholic beverages for resale only, two thousand five hundred dollars ($2,500); E. wholesaler's license to sell spirituous liquors and wine for resale only, one thousand seven hundred fifty dollars ($1,750); F. wholesaler's license to sell spirituous liquors for resale only, one thousand five hundred dollars ($1,500); G. wholesaler's license to sell beer and wine for resale only, one thousand five hundred dollars ($1,500); H. wholesaler's license to sell beer for resale only, one thousand dollars ($1,000); I. wholesaler's license to sell wine for resale only, seven hundred fifty dollars ($750); J. retailer's license, one thousand two hundred fifty dollars ($1,250); K. dispenser's license, one thousand two hundred fifty dollars ($1,250); L. canopy license, one thousand two hundred fifty dollars ($1,250); M. restaurant license, one thousand dollars ($1,000); N. club license, one thousand two hundred fifty dollars ($1,250); O. wine bottler's license to sell to wholesalers only, five hundred dollars ($500); P. public service license, one thousand two hundred fifty dollars ($1,250); Q. nonresident licenses, for a total billing to New Mexico wholesalers in excess of: $3,000,000 annually. . . . . . . . . . . . . . . . $3,500; 1,000,000 annually. . . . . . . . . . . . . . . . 1,750; 500,000 annually. . . . . . . . . . . . . . . . 1,250; 200,000 annually. . . . . . . . . . . . . . . . 900; 100,000 annually. . . . . . . . . . . . . . . . 600; and 50,000 or less annually. . . . . . . . . . . . 300; R. wine wholesaler's license, for persons with sales of five thousand gallons of wine per year or less, twenty-five dollars ($25.00), and for persons with sales in excess of five thousand gallons of wine per year, one hundred dollars ($100); [and] S. beer bottler's license, two hundred dollars ($200); and T. compensating license, one thousand two hundred fifty dollars ($1,250)."". 6. Renumber the succeeding section accordingly. __________________________ Manny M. Aragon Adopted ___________________ Not Adopted _______________________ (Chief Clerk) (Chief Clerk) Date _________________