0001| HOUSE BILL 1167 | 0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0003| INTRODUCED BY | 0004| MIGUEL P. GARCIA | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO REGULATION AND LICENSING; PROVIDING AUTHORITY TO | 0012| ISSUE CEASE AND DESIST ORDERS UNDER THE LIQUOR CONTROL ACT; | 0013| AMENDING A SECTION OF THE NMSA 1978. | 0014| | 0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0016| Section 1. Section 60-6C-1 NMSA 1978 (being Laws 1981, | 0017| Chapter 39, Section 97, as amended) is amended to read: | 0018| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION, CEASE AND | 0019| DESIST ORDER OR ADMINISTRATIVE FINE--REPORTING REQUIREMENT.-- | 0020| A. The director may suspend or revoke the license | 0021| or permit or fine the licensee in an amount not more than ten | 0022| thousand dollars ($10,000), or both, when he finds that any | 0023| licensee has: | 0024| (1) violated any provision of the Liquor | 0025| Control Act or any regulation or order promulgated pursuant to | 0001| that act; | 0002| (2) been convicted of a felony pursuant to the | 0003| provisions of the Criminal Code, the Liquor Control Act or | 0004| federal law; or | 0005| (3) permitted his licensed premises to remain | 0006| a public nuisance in the neighborhood where it is located after | 0007| written notice from the director that investigation by the | 0008| department has revealed that the establishment is a public | 0009| nuisance in the neighborhood. | 0010| B. The director shall suspend or revoke the license | 0011| or permit and may fine the licensee in an amount not to exceed | 0012| ten thousand dollars ($10,000), or both, when he finds that any | 0013| licensee or: | 0014| (1) his employee or agent knowingly has sold, | 0015| served or given any alcoholic beverage to a minor in violation | 0016| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in | 0017| violation of Section 60-7A-16 NMSA 1978, on two separate | 0018| occasions within any twelve-month period; or | 0019| (2) his agent has made any material false | 0020| statement or concealed any material facts in his application | 0021| for the license or permit granted him pursuant to the | 0022| provisions of the Liquor Control Act. | 0023| C. In addition to other penalties provided in this | 0024| section, any retailer or dispenser who violates the provisions | 0025| of Section 60-7A-16 or 60-7B-1 NMSA 1978 by selling, serving or | 0001| delivering alcoholic beverages to an intoxicated person or a | 0002| minor through a drive-up window at a minimum shall have: | 0003| (1) upon a first violation of this subsection, | 0004| the privilege to sell alcoholic beverages or any other goods | 0005| from his drive-up window suspended by the director for a period | 0006| of two weeks; | 0007| (2) upon a second violation of this | 0008| subsection, the privilege to sell alcoholic beverages or any | 0009| other goods from his drive-up window suspended by the director | 0010| for a period of thirty days; | 0011| (3) upon a third violation of this subsection, | 0012| the privilege to sell alcoholic beverages or any other goods | 0013| from his drive-up window suspended by the director for a period | 0014| of sixty days; and | 0015| (4) upon a fourth violation of this subsection | 0016| within two years of any other violations of Section 60-7A-16 or | 0017| 60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or | 0018| any other goods from his drive-up window revoked by the | 0019| director and the drive-up window permanently closed. | 0020| D. In addition to other penalties provided in this | 0021| section, the director may issue an order requiring any person | 0022| subject to the jurisdiction of the Liquor Control Act to cease | 0023| and desist from engaging in any act or practice found to be in | 0024| violation of that act or any rule, regulation or order issued | 0025| pursuant to that act. | 0001| [D.] E. Any licensee aggrieved by a revocation, | 0002| suspension or fine proposed to be imposed by the director | 0003| pursuant to this section shall be entitled to the hearing | 0004| procedures set forth in Article 6C of Chapter 60 NMSA 1978 | 0005| before the revocation, suspension or fine shall be effective. | 0006| [E.] F. Any charge filed against a licensee by | 0007| the department and the resulting disposition of the charge | 0008| shall be reported to the department of public safety and local | 0009| law enforcement agencies whose jurisdictions include the | 0010| licensed establishment." | 0011|  | 0012| State of New Mexico | 0013| House of Representatives | 0014| | 0015| FORTY-THIRD LEGISLATURE | 0016| FIRST SESSION, 1997 | 0017| | 0018| | 0019| March 7, 1997 | 0020| | 0021| | 0022| Mr. Speaker: | 0023| | 0024| Your JUDICIARY COMMITTEE, to whom has been referred | 0025| | 0001| HOUSE BILL 1167 | 0002| | 0003| has had it under consideration and reports same with | 0004| recommendation that it DO PASS. | 0005| | 0006| Respectfully submitted, | 0007| | 0008| | 0009| | 0010| | 0011| | 0012| Thomas P. Foy, Chairman | 0013| | 0014| | 0015| Adopted Not Adopted | 0016| | 0017| (Chief Clerk) (Chief Clerk) | 0018| | 0019| Date | 0020| | 0021| The roll call vote was 5 For 2 Against | 0022| Yes: 5 | 0023| No: Mallory, Vaughn | 0024| Excused: Alwin, King, Larranaga, Rios, Sanchez, Foy | 0025| Absent: None | 0001| | 0002| | 0003| G:\BILLTEXT\BILLW_97\H1167 | 0004| | 0005| FORTY-THIRD LEGISLATURE | 0006| FIRST SESSION, 1997 | 0007| | 0008| | 0009| March 18, 1997 | 0010| | 0011| Mr. President: | 0012| | 0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been | 0014| referred | 0015| | 0016| HOUSE BILL 1167 | 0017| | 0018| has had it under consideration and reports same with | 0019| recommendation that it DO PASS, and thence referred to the | 0020| JUDICIARY COMMITTEE. | 0021| | 0022| Respectfully submitted, | 0023| | 0024| | 0025| | 0001| | 0002| __________________________________ | 0003| Shannon Robinson, Chairman | 0004| | 0005| | 0006| | 0007| Adopted_______________________ Not | 0008| Adopted_______________________ | 0009| (Chief Clerk) (Chief Clerk) | 0010| | 0011| | 0012| Date ________________________ | 0013| | 0014| | 0015| The roll call vote was 5 For 1 Against | 0016| Yes: 5 | 0017| No: Robinson | 0018| Excused: Adair, Boitano, Vernon | 0019| Absent: None | 0020| | 0021| | 0022| | 0023| | 0024| H1167PA1 |