0001|                           HOUSE BILL 1066
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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|                          R. DAVID PEDERSON
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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 REGULATION AND LICENSING; PROVIDING FOR THE ALCOHOL
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0012|     AND GAMING DIVISION; PROVIDING COVERAGE IN THE PERSONNEL ACT
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0013|     FOR THE DIRECTOR OF THE ALCOHOL AND GAMING DIVISION; AMENDING
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0014|     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.  Section 9-16-4 NMSA 1978 (being Laws 1983,
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0018|     Chapter 297, Section 20, as amended) is amended to read:
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0019|          "9-16-4.  DEPARTMENT ESTABLISHED.--There is created in the
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0020|     executive branch the "regulation and licensing department". 
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0021|     The department shall not be a cabinet department.  The
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0022|     department shall consist of but not be limited to <s>[five]</s>
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0023|     <u>six</u> divisions as follows:
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0024|               A.  the administrative services division;
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0025|               B.  the construction industries division;
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0001|               C.  the financial institutions division;
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0002|               D.  the securities division; <s>[and]</s>
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0003|               E.  the manufactured housing division; <u>and
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<u></u>0004| <u>              F.  the alcohol and gaming division</u>."
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0005|          Section 2.  Section 9-16-7 NMSA 1978 (being Laws 1983,
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0006|     Chapter 297, Section 23) is amended to read:
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0007|          "9-16-7.  DIVISION DIRECTORS.--The superintendent shall
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0008|     appoint, with the approval of the governor, "directors" of the
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0009|     divisions established within the department.  The positions so
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0010|     appointed are exempt from the Personnel Act, <u>except for the
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<u></u>0011| <u>    director of the alcohol and gaming division, who shall be
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<u></u>0012| <u>    covered by the provisions of that act</u>."
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0013|          Section 3.  Section 10-9-4 NMSA 1978 (being Laws 1961,
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0014|     Chapter 240, Section 4, as amended) is amended to read:
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0015|          "10-9-4.  COVERAGE OF SERVICE.--The Personnel Act and the
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0016|     service cover all state positions except:
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0017|               A.  officials elected by popular vote or appointed
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0018|     to fill vacancies to elective offices;
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0019|               B.  members of boards and commissions and heads of
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0020|     agencies appointed by the governor;
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0021|               C.  heads of agencies appointed by boards or
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0022|     commissions;
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0023|               D.  directors of department divisions, <u>except as
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<u></u>0024| <u>    provided in Section 9-16-7 NMSA 1978</u>;
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0025|               E.  those in educational institutions and in public
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0001|     schools;
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0002|               F.  those employed by state institutions and by
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0003|     state agencies providing educational programs and who are
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0004|     required to hold valid certificates as certified school
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0005|     instructors as defined in Section 22-1-2 NMSA 1978 issued by
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0006|     the state board of education;
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0007|               G.  those in the governor's office;
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0008|               H.  those in the state militia or the commissioned
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0009|     officers of the New Mexico state police division of the
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0010|     department of public safety;
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0011|               I.  those in the judicial branch of government;
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0012|               J.  those in the legislative branch of government;
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0013|               K.  not more than two assistants and one secretary
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0014|     in the office of each official listed in Subsections A, B and C
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0015|     of this section, excluding members of boards and commissions in
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0016|     Subsection B of this section;
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0017|               L.  those of a professional or scientific nature
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0018|     which are temporary in nature;
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0019|               M.  those filled by patients or inmates in
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0020|     charitable, penal or correctional institutions;
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0021|               N.  state employees if the personnel board in its
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0022|     discretion decides that the position is one of policymaking;
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0023|     and
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0024|               O.  disadvantaged youth under twenty-two years of
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0025|     age regularly enrolled or to be enrolled in a secondary
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0001|     educational institution approved by the state board of
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0002|     education or in an accredited state institution of advanced
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0003|     learning or vocational training and who are to be employed for
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0004|     not more than seven hundred twenty hours during any calendar
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0005|     year:
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0006|                    (1)  the term "disadvantaged youth" shall be
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0007|     defined for purposes of this exemption by regulation duly
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0008|     promulgated by the board; and
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0009|                    (2)  the board shall:
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0010|                         (a)  require that all the criteria of
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0011|     this subsection have been met;
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0012|                         (b)  establish employment lists for the
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0013|     certification of the highest-standing candidates to the
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0014|     prospective employers; and
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0015|                         (c)  establish the pay rates for such
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0016|     employees."
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0017|          Section 4.  Section 60-3A-3 NMSA 1978 (being Laws 1981,
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0018|     Chapter 39, Section 3, as amended) is amended to read:
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0019|          "60-3A-3.  DEFINITIONS.--As used in the Liquor Control
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0020|     Act:
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0021|               A.  "alcoholic beverages" means distilled or
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0022|     rectified spirits, potable alcohol, brandy, whiskey, rum, gin
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0023|     and aromatic bitters bearing the federal internal revenue strip
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0024|     stamps or any similar alcoholic beverage, including blended or
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0025|     fermented beverages, dilutions or mixtures of one or more of
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0001|     the foregoing containing more than one-half of one percent
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0002|     alcohol, but excluding medicinal bitters;
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0003|               B.  "beer" means any alcoholic beverage obtained by
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0004|     the fermentation of any infusion or decoction of barley, malt
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0005|     and hops or other cereals in water, and includes porter, beer,
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0006|     ale and stout;
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0007|               C.  "brewer" means any person who owns or operates a
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0008|     business for the manufacture of beer;
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0009|               D.  "club" means:
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0010|                    (1)  any nonprofit group, including an
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0011|     auxiliary or subsidiary group, organized and operated under the
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0012|     laws of this state with a membership of not less than fifty
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0013|     members who pay membership dues at the rate of not less than
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0014|     five dollars ($5.00) per year and who, under the constitution
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0015|     and bylaws of the club, have all voting rights and full
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0016|     membership privileges and which group is the owner, lessee or
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0017|     occupant of premises used exclusively for club purposes and
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0018|     which group the director finds:
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0019|                         (a)  is operated solely for recreation,
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0020|     social, patriotic, political, benevolent or athletic purposes;
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0021|     and
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0022|                         (b)  the proposed licensee has been
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0023|     granted an exemption by the United States from the payment of
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0024|     the federal income tax as a club under the provisions of
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0025|     Section 501(a) of the Internal Revenue Code of 1954, as amended
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0001|     or, if the applicant has not operated as a club for a
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0002|     sufficient time to be eligible for the income tax exemption, it
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0003|     must execute and file with the director a sworn letter of
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0004|     intent declaring that it will, in good faith, apply for such
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0005|     exemption as soon as it is eligible; or
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0006|                    (2)  an airline passenger membership club
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0007|     operated by an air common carrier which maintains or operates a
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0008|     clubroom at an international airport terminal.  For the
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0009|     purposes of this paragraph, "air common carrier" means a person
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0010|     engaged in regularly scheduled air transportation between fixed
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0011|     termini under a certificate of public convenience and necessity
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0012|     issued by the civil aeronautics board;
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0013|               E.  "commission" means the secretary of public
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0014|     safety when the term is used in reference to the enforcement
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0015|     and investigatory provisions of the Liquor Control Act and
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0016|     means the superintendent of regulation and licensing when the
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0017|     term is used in reference to the licensing provisions of the
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0018|     Liquor Control Act;
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0019|               F.  "department" means the special investigations
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0020|     division of the <u>department of</u> public safety <s>[department]</s>
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0021|     when the term is used in reference to the enforcement and
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0022|     investigatory provisions of the Liquor Control Act and means
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0023|     the superintendent of regulation and licensing when the term is
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0024|     used in reference to the licensing provisions of the Liquor
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0025|     Control Act;
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0001|               G.  "director" means the director of the special
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0002|     investigations division of the <u>department of</u> public safety
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0003|     <s>[department]</s> when the term is used in reference to the
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0004|     enforcement and investigatory provisions of the Liquor Control
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0005|     Act and means the <s>[superintendent of regulation and
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<s></s>0006| <s>    licensing]</s> <u>director of the alcohol and gaming division of the
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<u></u>0007| <u>    regulation and licensing department</u> when the term is used in
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0008|     reference to the licensing provisions of the Liquor Control
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0009|     Act;
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0010|               H.  "dispenser" means any person licensed under the
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0011|     provisions of the Liquor Control Act selling, offering for sale
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0012|     or having in his possession with the intent to sell alcoholic
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0013|     beverages both by the drink for consumption on the licensed
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0014|     premises and in unbroken packages for consumption and not for
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0015|     resale off the licensed premises;
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0016|               I.  "distiller" means any person engaged in
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0017|     manufacturing spirituous liquors;
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0018|               J.  "governing body" means the board of county
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0019|     commissioners of a county or the city council or city
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0020|     commissioners of a municipality;
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0021|               K.  "hotel" means any establishment or complex
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0022|     having a resident of New Mexico as a proprietor or manager and
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0023|     where, in consideration of payment, meals and lodging are
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0024|     regularly furnished to the general public.  The establishment
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0025|     or complex must maintain for the use of its guests a minimum of
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0001|     twenty-five sleeping rooms;
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0002|               L.  "licensed premises" means the contiguous areas
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0003|     or areas connected by indoor passageways of a structure and the
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0004|     outside dining, recreation and lounge areas of the structure
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0005|     which are under the direct control of the licensee and from
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0006|     which the licensee is authorized to sell, serve or allow the
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0007|     consumption of alcoholic beverages under the provisions of its
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0008|     license; provided that in the case of a restaurant, hotel or
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0009|     racetrack, "licensed premises" includes all public and private
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0010|     rooms, facilities and areas in which alcoholic beverages are
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0011|     sold or served in the customary operating procedures of the
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0012|     restaurant, hotel or racetrack;
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0013|               M.  "local option district" means any county which
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0014|     has voted to approve the sale, serving or public consumption of
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0015|     alcoholic beverages, or any incorporated municipality which
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0016|     falls within a county which has voted to approve the sale,
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0017|     serving or public consumption of alcoholic beverages, or any
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0018|     incorporated municipality of over five thousand population
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0019|     which has independently voted to approve the sale, serving or
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0020|     public consumption of alcoholic beverages under the terms of
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0021|     the Liquor Control Act or any former act;
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0022|               N.  "manufacturer" means a distiller, rectifier,
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0023|     brewer or winer;
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0024|               O.  "minor" means any person under twenty-one years
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0025|     of age;
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0001|               P.  "package" means any immediate container of
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0002|     alcoholic beverages which is filled or packed by a manufacturer
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0003|     or wine bottler for sale by the manufacturer or wine bottler to
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0004|     wholesalers;
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0005|               Q.  "person" means an individual, corporation, firm,
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0006|     partnership, copartnership, association or other legal entity;
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0007|               R.  "rectifier" means any person who blends, mixes
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0008|     or distills alcohol with other liquids or substances for the
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0009|     purpose of making an alcoholic beverage for the purpose of sale
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0010|     other than to the consumer by the drink, and includes all
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0011|     bottlers of spirituous liquors;
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0012|               S.  "restaurant" means any establishment having a
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0013|     New Mexico resident as a proprietor or manager which is held
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0014|     out to the public as a place where meals are prepared and
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0015|     served primarily for on-premises consumption to the general
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0016|     public in consideration of payment and which has a dining room,
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0017|     a kitchen and the employees necessary for preparing, cooking
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0018|     and serving meals; provided that "restaurant" does not include
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0019|     establishments as defined in regulations promulgated by the
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0020|     director serving only hamburgers, sandwiches, salads and other
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0021|     fast foods;
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0022|               T.  "retailer" means any person licensed under the
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0023|     provisions of the Liquor Control Act selling, offering for sale
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0024|     or having in his possession with the intent to sell any
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0025|     alcoholic beverages in unbroken packages for consumption and
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0001|     not for resale off the licensed premises;
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0002|               U.  "spirituous liquors" means alcoholic beverages
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0003|     as defined in Subsection A of this section except fermented
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0004|     beverages such as wine, beer and ale;
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0005|               V.  "wholesaler" means any person whose place of
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0006|     business is located in New Mexico and who sells, offers for
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0007|     sale or possesses for the purpose of sale any alcoholic
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0008|     beverages for resale by the purchaser;
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0009|               W.  "wine" includes the words "fruit juices" and
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0010|     means alcoholic beverages obtained by the fermentation of the
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0011|     natural sugar contained in fruit or other agricultural
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0012|     products, with or without the addition of sugar or other
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0013|     products, which do not contain less than one-half of one
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0014|     percent nor more than twenty-one percent alcohol by volume;
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0015|               X.  "wine bottler" means any New Mexico wholesaler
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0016|     who is licensed to sell wine at wholesale for resale only and
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0017|     who buys wine in bulk and bottles it for wholesale resale; and
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0018|               Y.  "winer" means any person who owns or operates a
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0019|     business for the manufacture of wine."
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0020|                              
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