0001| HOUSE BILL 358
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| LISA L. LUTZ
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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 ALCOHOL BUSINESS LICENSES; AMENDING SECTIONS OF
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0012| THE NMSA 1978 TO CHANGE PROVISIONS FOR SPECIAL DISPENSER'S
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0013| PERMIT, REGISTRATION AND LICENSE FEES; PROVIDING FOR
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0014| NONRESIDENT LICENSES AND COMMON CARRIER REGISTRATIONS.
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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 60-6A-12 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 29, as amended) is amended to read:
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0019| "60-6A-12. SPECIAL DISPENSER'S PERMITS--STATE AND LOCAL
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0020| FEES.--
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0021| A. Any person holding a dispenser's license in any
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0022| local option district where a public celebration is to be held
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0023| may dispense alcoholic beverages at the public celebration
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0024| upon receiving written approval from the [board or other]
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0025| governing body in charge of the public celebration and upon
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0001| the payment of fifty dollars ($50.00) to the department for a
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0002| special dispenser's permit.
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0003| B. As used in this section, "public celebration"
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0004| includes any state fair, county fair, community fiesta,
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0005| cultural or artistic performance or professional athletic
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0006| competition of a seasonal nature or activities held on an
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0007| intermittent basis.
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0008| C. In addition to the state fee and if previously
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0009| provided for by ordinance, the governing body of the local
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0010| option district in which the public celebration is held may
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0011| charge an additional fee not to exceed twenty-five dollars
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0012| ($25.00) per day for each day the permittee dispenses
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0013| alcoholic beverages. The permittee shall be subject to all
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0014| state laws and regulations and all local regulations
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0015| regulating dispenser's privileges and disabilities. All fees
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0016| collected by the governing body of the local option district
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0017| may be used to fund free ride home programs.
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0018| D. Any person holding a dispenser's license may be
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0019| issued a special dispenser's permit by the director allowing
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0020| the dispensing of alcoholic beverages at a function catered by
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0021| that business, provided the governing body of the local option
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0022| district has given the person seeking the permit written
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0023| approval to dispense alcoholic beverages at the catered
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0024| function. The permit shall be valid for no more than twelve
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0025| hours. To apply for the permit, the holder of a dispenser's
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0001| license shall submit a fee of twenty-five dollars ($25.00)
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0002| together with such information as the director may require.
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0003| The permittee shall be subject to all state laws and
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0004| regulations and all local regulations except that the
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0005| permittee shall not be required to suspend the dispensing of
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0006| alcoholic beverages at the licensed premises solely because of
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0007| the issuance of the special dispenser's permit.
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0008| E. [A special dispenser's permit shall not be
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issued if the application for the permit was received by the
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department less than ten days prior to the function for which
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the permit was sought.] The person holding a dispenser's
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0012| license and his employees shall be the only persons permitted
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0013| to dispense alcohol during the function for which the permit
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0014| was sought. Issuance of the special dispenser's permit is
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0015| within the director's discretion and is subject to any
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0016| reasonable requirements imposed by the director.
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0017| F. Any person holding a dispenser's license in a
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0018| local option district in which Sunday sales of alcoholic
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0019| beverages are not otherwise permitted [under] pursuant to
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0020| the Liquor Control Act may dispense beer and wine on Sunday at
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0021| any public celebration for which it has received a concession
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0022| from the [board or other] governing body in charge of the
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0023| public celebration, provided the governing body of that local
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0024| option district has by resolution expressly permitted such
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0025| beer and wine sales on Sunday at that public celebration in
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0001| accordance with the provisions of this section.
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0002| G. Any person holding a dispenser's license who
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0003| dispenses alcoholic beverages at a church's public
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0004| celebration under a special dispenser's permit pursuant to
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0005| this section may donate to the church holding the public
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0006| celebration any portion of the profits from the sale of
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0007| alcoholic beverages at that public celebration. Employees
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0008| of that dispenser or other individuals who have completed a
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0009| certified alcohol server training program may donate to the
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0010| church holding a public celebration their services as
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0011| servers of alcoholic beverages at that public celebration."
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0012| Section 2. Section 60-6A-13 NMSA 1978 (being Laws
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0013| 1981, Chapter 39, Section 30) is amended to read:
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0014| "60-6A-13. REGISTRATION TO TRANSPORT.--[On July 1 of
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each year] For the renewal year beginning on July 1, 1998
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0016| and every three years thereafter, every common carrier
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0017| transporting alcoholic beverages into and for delivery
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0018| within the state shall register with the department and pay
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0019| a registration fee of [fifteen dollars ($15.00)] fifty
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0020| dollars ($50.00)."
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0021| Section 3. Section 60-6A-15 NMSA 1978 (being Laws
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0022| 1981, Chapter 39, Section 32, as amended) is amended to
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0023| read:
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0024| "60-6A-15. LICENSE FEES.--Every application for the
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0025| issuance or [annual] renewal of the following licenses
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0001| shall be accompanied by a license fee in the following
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0002| specified amounts:
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0003| A. manufacturer's license as a distiller, except
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0004| a brandy manufacturer, three thousand dollars ($3,000);
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0005| B. manufacturer's license as a brewer, three
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0006| thousand dollars ($3,000);
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0007| C. manufacturer's license as a rectifier, one
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0008| thousand fifty dollars ($1,050);
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0009| D. wholesaler's license to sell all alcoholic
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0010| beverages for resale only, two thousand five hundred dollars
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0011| ($2,500);
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0012| E. wholesaler's license to sell spirituous
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0013| liquors and wine for resale only, one thousand seven hundred
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0014| fifty dollars ($1,750);
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0015| F. wholesaler's license to sell spirituous
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0016| liquors for resale only, one thousand five hundred dollars
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0017| ($1,500);
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0018| G. wholesaler's license to sell beer and wine
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0019| for resale only, one thousand five hundred dollars ($1,500);
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0020| H. wholesaler's license to sell beer for resale
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0021| only, one thousand dollars ($1,000);
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0022| I. wholesaler's license to sell wine for resale
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0023| only, seven hundred fifty dollars ($750);
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0024| J. retailer's license, one thousand two hundred
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0025| fifty dollars ($1,250);
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0001| K. dispenser's license, one thousand two hundred
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0002| fifty dollars ($1,250);
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0003| L. canopy license, one thousand two hundred
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0004| fifty dollars ($1,250);
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0005| M. restaurant license, one thousand dollars
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0006| ($1,000);
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0007| N. club license, one thousand two hundred fifty
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0008| dollars ($1,250);
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0009| O. wine bottler's license to sell to wholesalers
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0010| only, five hundred dollars ($500);
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0011| P. public service license, one thousand two
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0012| hundred fifty dollars ($1,250);
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0013| Q. nonresident licenses, for a total billing to
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0014| New Mexico wholesalers in excess of:
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0015| $3,000,000 annually. . . . . . [$3,500] $10,500;
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0016| 1,000,000 annually. . . . . . . [1,750] 5,250;
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0017| 500,000 annually. . . . . . . [1,250] 3,750;
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0018| 200,000 annually. . . . . . . [900] 2,700;
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0019| 100,000 annually. . . . . . . [600] 1,800; and
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0020| 50,000 or less annually. . . . . . [300] 900;
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0021| R. wine wholesaler's license, for persons with
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0022| sales of five thousand gallons of wine per year or less,
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0023| twenty-five dollars ($25.00), and for persons with sales in
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0024| excess of five thousand gallons of wine per year, one
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0025| hundred dollars ($100); and
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0001| S. beer bottler's license, two hundred dollars
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0002| ($200)."
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0003| Section 4. Section 60-6A-16 NMSA 1978 (being Laws
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0004| 1981, Chapter 39, Section 33) is amended to read:
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0005| "60-6A-16. PRORATION OF FEES.--
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0006| A. The license fees required of retailers,
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0007| dispensers, restaurants, clubs and public service licensees
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0008| shall be prorated so that licenses issued prior to October 1
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0009| of any year shall be subject to the full amount of the
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0010| annual license fee. Licenses issued on or subsequent to
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0011| October 1 and prior to January 1 shall be subject to three-
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0012| fourths of the annual license fee. Licenses issued on or
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0013| subsequent to January 1 and prior to April 1 of a year shall
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0014| be subject to one-half of the annual license fee. Licenses
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0015| issued on or subsequent to April 1 shall be subject to one-
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0016| fourth of the annual license fee.
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0017| B. All licenses issued to manufacturers, wine
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0018| bottlers [nonresident licensees] and wholesalers shall be
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0019| paid for at the yearly rate regardless of the date issued
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0020| and shall expire on June 30 of the fiscal year for which the
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0021| licenses are issued.
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0022| C. Nonresident licenses and carrier
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0023| registrations shall be prorated so that licenses issued
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0024| before the end of the first year of the three-year license
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0025| period are subject to the full amount of the license fee.
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0001| Licenses issued on or after the end of the first year and
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0002| before the end of the second year are subject to two-thirds
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0003| of the license fee. Licenses issued on or after the end of
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0004| the second year are subject to one-third of the license
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0005| fee."
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0006| Section 5. Section 60-6B-5 NMSA 1978 (being Laws 1981,
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0007| Chapter 39, Section 41) is amended to read:
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0008| "60-6B-5. EXPIRATION AND RENEWAL OF LICENSES.--All
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0009| licenses provided for in the Liquor Control Act, except
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0010| nonresident licenses and common carrier registrations,
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0011| shall expire on June 30 of each year and may be renewed from
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0012| year to year under the rules [and regulations] of the
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0013| department. Current nonresident licenses and common
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0014| carrier registrations shall expire on June 30, 1998 and may
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0015| be renewed for three-year periods thereafter. The director
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0016| shall determine whether any of the licensees under his
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0017| jurisdiction are delinquent in any taxes administered by the
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0018| taxation and revenue department as of June 1 of each
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0019| [year] renewal period. The director shall also
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0020| determine whether or not there exists any other reason why a
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0021| license should not be renewed. If the director determines
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0022| that the license should not be renewed, he shall enter an
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0023| order requiring the licensee, after notice, to show cause
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0024| why his license should be renewed, and he shall conduct a
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0025| hearing on the matter. If, after the hearing, the director
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0001| finds that the licensee is qualified, he shall renew the
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0002| license."
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0003|
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