0001|                           HOUSE BILL 1167
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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 REGULATION AND LICENSING; PROVIDING AUTHORITY TO
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0012|     ISSUE CEASE AND DESIST ORDERS UNDER THE LIQUOR CONTROL ACT;
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0013|     AMENDING A SECTION OF THE NMSA 1978.
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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 60-6C-1 NMSA 1978 (being Laws 1981,
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0017|     Chapter 39, Section 97, as amended) is amended to read:
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0018|          "60-6C-1.  GROUNDS FOR SUSPENSION, REVOCATION, CEASE AND
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0019|     DESIST ORDER OR ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0020|               A.  The director may suspend or revoke the license
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0021|     or permit or fine the licensee in an amount not more than ten
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0022|     thousand dollars ($10,000), or both, when he finds that any
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0023|     licensee has:
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0024|                    (1)  violated any provision of the Liquor
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0025|     Control Act or any regulation or order promulgated pursuant to
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0001|     that act;
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0002|                    (2)  been convicted of a felony pursuant to the
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0003|     provisions of the Criminal Code, the Liquor Control Act or
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0004|     federal law; or
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0005|                    (3)  permitted his licensed premises to remain
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0006|     a public nuisance in the neighborhood where it is located after
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0007|     written notice from the director that investigation by the
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0008|     department has revealed that the establishment is a public
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0009|     nuisance in the neighborhood.
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0010|               B.  The director shall suspend or revoke the license
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0011|     or permit and may fine the licensee in an amount not to exceed
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0012|     ten thousand dollars ($10,000), or both, when he finds that any
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0013|     licensee or:
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0014|                    (1)  his employee or agent knowingly has sold,
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0015|     served or given any alcoholic beverage to a minor in violation
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0016|     of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0017|     violation of Section 60-7A-16 NMSA 1978, on two separate
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0018|     occasions within any twelve-month period; or
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0019|                    (2)  his agent has made any material false
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0020|     statement or concealed any material facts in his application
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0021|     for the license or permit granted him pursuant to the
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0022|     provisions of the Liquor Control Act.
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0023|               C.  In addition to other penalties provided in this
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0024|     section, any retailer or dispenser who violates the provisions
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0025|     of Section 60-7A-16 or 60-7B-1 NMSA 1978 by selling, serving or
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0001|     delivering alcoholic beverages to an intoxicated person or a
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0002|     minor through a drive-up window at a minimum shall have:
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0003|                    (1)  upon a first violation of this subsection,
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0004|     the privilege to sell alcoholic beverages or any other goods
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0005|     from his drive-up window suspended by the director for a period
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0006|     of two weeks;
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0007|                    (2)  upon a second violation of this
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0008|     subsection, the privilege to sell alcoholic beverages or any
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0009|     other goods from his drive-up window suspended by the director
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0010|     for a period of thirty days;
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0011|                    (3)  upon a third violation of this subsection,
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0012|     the privilege to sell alcoholic beverages or any other goods
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0013|     from his drive-up window suspended by the director for a period
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0014|     of sixty days; and
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0015|                    (4)  upon a fourth violation of this subsection
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0016|     within two years of any other violations of Section 60-7A-16 or
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0017|     60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or
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0018|     any other goods from his drive-up window revoked by the
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0019|     director and the drive-up window permanently closed.
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0020|               D.  In addition to other penalties provided in this
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0021|     section, the director may issue an order requiring any person
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0022|     subject to the jurisdiction of the Liquor Control Act to cease
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0023|     and desist from engaging in any act or practice found to be in
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0024|     violation of that act or any rule, regulation or order issued
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0025|     pursuant to that act.
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0001|               [D.] E.  Any licensee aggrieved by a revocation,
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0002|     suspension or fine proposed to be imposed by the director
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0003|     pursuant to this section shall be entitled to the hearing
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0004|     procedures set forth in Article 6C of Chapter 60 NMSA 1978
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0005|     before the revocation, suspension or fine shall be effective.
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0006|               [E.] F.  Any charge filed against a licensee by
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0007|     the department and the resulting disposition of the charge
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0008|     shall be reported to the department of public safety and local
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0009|     law enforcement agencies whose jurisdictions include the
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0010|     licensed establishment."
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0011|                                  
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0012|                            State of New Mexico
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0013|                      House of Representatives
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0014|   
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0015|                      FORTY-THIRD LEGISLATURE
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0016|                        FIRST SESSION, 1997
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0017|   
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0018|   
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0019|                                                   March 7, 1997
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0020|   
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0021|   
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0022|   Mr. Speaker:
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0023|   
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0024|        Your JUDICIARY COMMITTEE, to whom has been referred
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0025|   
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0001|                       HOUSE BILL 1167
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0002|                               
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0003|   has had it under consideration and reports same with
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0004|   recommendation that it DO PASS.
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0005|   
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0006|                                 Respectfully submitted,
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0007|   
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0008|   
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0009|   
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0010|                                                                 
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0011|   
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0012|                                                              Thomas P. Foy, Chairman
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0013|   
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0014|   
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0015|   Adopted                          Not Adopted                     
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0016|    
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0017|             (Chief Clerk)                       (Chief Clerk)
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0018|   
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0019|                        Date             
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0020|   
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0021|   The roll call vote was 5  For 2  Against
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0022|   Yes:      5
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0023|             No:       Mallory, Vaughn
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0024|             Excused:  Alwin, King, Larranaga, Rios, Sanchez, Foy
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0025|             Absent:   None
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0001|   
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0002|   
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0003|   G:\BILLTEXT\BILLW_97\H1167  
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0004|   
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0005|                      FORTY-THIRD LEGISLATURE
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0006|                        FIRST SESSION, 1997
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0007|   
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0008|   
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0009|                                                  March 18, 1997
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0010|   
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0011|   Mr. President:
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0012|   
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0013|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0014|   referred
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0015|   
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0016|                     HOUSE BILL 1167
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0017|   
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0018|   has had it under consideration and reports same with
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0019|   recommendation that it DO PASS, and thence referred to the
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0020|   JUDICIARY COMMITTEE.
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0021|   
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0022|                                Respectfully submitted,
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0023|   
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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|                                Shannon Robinson, Chairman 
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0004|   
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0005|   
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0006|   
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0007|   Adopted_______________________   Not
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0008|   Adopted_______________________
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0009|             (Chief Clerk)                          (Chief Clerk)
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0010|   
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0011|   
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0012|                     Date ________________________
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0013|   
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0014|   
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0015|   The roll call vote was  5  For  1  Against
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0016|           Yes:    5
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0017|           No:     Robinson
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0018|                Excused:     Adair, Boitano, Vernon
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0019|           Absent: None
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0020|   
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0021|   
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0022|   
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0023|   
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0024|   H1167PA1
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