0001| HOUSE BILL 262
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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| MIGUEL P. GARCIA
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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 ALCOHOLIC BEVERAGES; AMENDING THE LIQUOR CONTROL
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0012| ACT TO PROHIBIT CERTAIN LICENSE TRANSFERS; PROVIDING FOR
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0013| PERMANENT LICENSE REVOCATION UNDER CERTAIN CONDITIONS; AMENDING
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0014| AND ENACTING SECTIONS OF THE NMSA 1978.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. A new section of the Liquor Control Act is
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0018| enacted to read:
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0019| "[NEW MATERIAL] PROHIBITED TRANSFERS.--No transfer of
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0020| ownership or location of a license issued pursuant to the
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0021| provisions of the Liquor Control Act shall be permitted from
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0022| the date that a licensee is charged with a felony until the
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0023| date the charge against the licensee is dropped, the licensee
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0024| is acquitted of the charge or the licensee is convicted of a
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0025| felony. As used in this section, "licensee" includes an
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0001| officer or director of a corporation, a partner in a limited
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0002| partnership, a general partner, a joint venturer or a trustee
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0003| or partner in a legal entity, if the corporation, limited
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0004| partnership or other legal entity is a licensee."
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0005| Section 2. Section 60-6B-1 NMSA 1978 (being Laws 1981,
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0006| Chapter 39, Section 37, as amended) is amended to read:
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0007| "60-6B-1. PERSONS PROHIBITED FROM RECEIVING OR HOLDING
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0008| LICENSES.--The following classes of persons shall be prohibited
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0009| from receiving or holding licenses [under] pursuant to the
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0010| provisions of the Liquor Control Act:
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0011| A. a person who has been convicted of two separate
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0012| misdemeanor or petty misdemeanor violations of the Liquor
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0013| Control Act in any calendar year [or of any felony], unless
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0014| the person is restored to the privilege of receiving and
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0015| holding licenses by the governor or unless the director
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0016| determines that the person merits the public trust, in which
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0017| case the person shall receive licenses under reasonable terms
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0018| and conditions fixed by the director, which shall include that
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0019| the person pay an administrative penalty of two thousand five
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0020| hundred dollars ($2,500) for each license held by that person;
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0021| B. a person who has been convicted of a felony;
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0022| [B.] C. a person whose spouse had been
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0023| convicted of a felony unless the person demonstrates that the
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0024| convicted spouse will have no involvement in the operation of
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0025| the license;
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0001| [C.] D. a minor; or
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0002| [D.] E. a corporation that is not duly
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0003| qualified to do business in New Mexico, unless the licensee
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0004| holds a public service license or a nonresident license issued
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0005| [under] as provided in Section 60-6A-7 NMSA 1978; provided,
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0006| however, that a corporation that owns stock in a corporation
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0007| that owns a New Mexico liquor license does not need to be
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0008| qualified to do business in New Mexico regardless of the size
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0009| of the ownership interest."
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0010| Section 3. Section 60-6C-1 NMSA 1978 (being Laws 1981,
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0011| Chapter 39, Section 97, as amended) is amended to read:
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0012| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
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0013| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0014| A. The director may suspend or revoke the license
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0015| or permit or fine the licensee in an amount not more than ten
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0016| thousand dollars ($10,000), or both, when he finds that any
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0017| licensee has:
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0018| (1) violated any provision of the Liquor
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0019| Control Act or any regulation or order promulgated pursuant to
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0020| that act; [(2) been convicted of a felony pursuant to the
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provisions of the Criminal Code, the Liquor Control Act or
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federal law;] or
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0023| [(3)] (2) permitted his licensed premises
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0024| to remain a public nuisance in the neighborhood where it is
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0025| located after written notice from the director that
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0001| investigation by the department has revealed that the
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0002| establishment is a public nuisance in the neighborhood.
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0003| B. The director shall revoke the license or permit
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0004| of a licensee if he finds that the licensee has been convicted
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0005| of a felony.
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0006| [B.] C. The director shall suspend or revoke
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0007| the license or permit and may fine the licensee in an amount
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0008| not to exceed ten thousand dollars ($10,000), or both, when he
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0009| finds that any licensee or:
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0010| (1) his employee or agent knowingly has sold,
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0011| served or given any alcoholic beverage to a minor in violation
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0012| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0013| violation of Section 60-7A-16 NMSA 1978, on two separate
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0014| occasions within any twelve-month period; or
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0015| (2) his agent has made any material false
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0016| statement or concealed any material facts in his application
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0017| for the license or permit granted him pursuant to the
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0018| provisions of the Liquor Control Act.
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0019| [C.] D. In addition to other penalties provided
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0020| in this section, any retailer or dispenser who violates the
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0021| provisions of Section 60-7A-16 or 60-7B-1 NMSA 1978 by selling,
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0022| serving or delivering alcoholic beverages to an intoxicated
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0023| person or a minor through a drive-up window at a minimum shall
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0024| have:
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0025| (1) upon a first violation of this subsection,
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0001| the privilege to sell alcoholic beverages or any other goods
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0002| from his drive-up window suspended by the director for a period
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0003| of two weeks;
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0004| (2) upon a second violation of this
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0005| subsection, the privilege to sell alcoholic beverages or any
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0006| other goods from his drive-up window suspended by the director
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0007| for a period of thirty days;
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0008| (3) upon a third violation of this subsection,
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0009| the privilege to sell alcoholic beverages or any other goods
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0010| from his drive-up window suspended by the director for a period
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0011| of sixty days; and
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0012| (4) upon a fourth violation of this subsection
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0013| within two years of any other violations of Section 60-7A-16 or
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0014| 60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or
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0015| any other goods from his drive-up window revoked by the
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0016| director and the drive-up window permanently closed.
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0017| [D.] E. Any licensee aggrieved by a revocation,
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0018| suspension or fine proposed to be imposed by the director
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0019| pursuant to this section shall be entitled to the hearing
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0020| procedures set forth in [Article 6C of] Chapter 60, Article
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0021| 6C NMSA 1978 before the revocation, suspension or fine shall
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0022| be effective.
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0023| [E.] F. Any charge filed against a licensee by
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0024| the department and the resulting disposition of the charge
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0025| shall be reported to the department of public safety and local
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0001| law enforcement agencies whose jurisdictions include the
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0002| licensed establishment."
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0003| Section 4. Section 60-6C-8 NMSA 1978 (being Laws 1981,
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0004| Chapter 39, Section 104) is amended to read:
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0005| "60-6C-8. RESTRICTION ON LICENSE AFTER REVOCATION.--If a
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0006| license is revoked [under] pursuant to the provisions of
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0007| the Liquor Control Act, the licensee shall not be issued or be
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0008| the transferee of a license within two years of the date of the
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0009| revocation; provided, if the license is revoked because the
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0010| licensee has been convicted of a felony, the license shall be
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0011| permanently revoked."
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