0001| HOUSE BILL 451 | 0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998 | 0003| INTRODUCED BY | 0004| JAMES G. TAYLOR | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| AN ACT | 0011| RELATING TO ALCOHOLIC BEVERAGE SERVERS; CREATING A SERVER | 0012| PERMIT; ESTABLISHING PENALTIES AND FINES. | 0013| | 0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0015| Section 1. Section 60-6D-3 NMSA 1978 (being Laws 1993, | 0016| Chapter 68, Section 30) is amended to read: | 0017| "60-6D-3. DEFINITIONS.--As used in the Alcohol Server | 0018| Education Act: | 0019| A. "director" means the director of the alcohol | 0020| and gaming division of the regulation and licensing | 0021| department; | 0022| B. "division" means the alcohol and gaming | 0023| division of the regulation and licensing department; | 0024| C. "licensee" means a person in possession of a | 0025| license issued pursuant to the provisions of the Liquor | - 1 - 0001| Control Act; | 0002| D. "program" means an alcohol education server | 0003| program and examination administered to servers and licensees | 0004| pursuant to the provisions of the Alcohol Server Education | 0005| Act; | 0006| E. "provider" means an individual, partnership, | 0007| corporation, public or private school or any other legal | 0008| entity certified by the director to provide a program; ~~[and]~~ | 0009| F. "server" means an individual who sells, ~~[or]~~ | 0010| serves or dispenses alcoholic beverages for consumption on | 0011| or off the premises of a business licensed pursuant to the | 0012| provisions of the Liquor Control Act; and | 0013| G. "server permit" means an authorization issued | 0014| pursuant to the provisions of the Alcohol Server Education Act | 0015| for the holder to be employed or used in, or to engage in, the | 0016| sale, service or dispensing of alcoholic beverages." | 0017| Section 2. A new section of the Alcohol Server Education | 0018| Act is enacted to read: | 0019| "[NEW MATERIAL] CERTIFICATES OF COURSE COMPLETION AND | 0020| SERVER PERMITS REQUIRED--ALCOHOL SERVICE OR SALES.--No person | 0021| shall be employed as a server or in any other way be used in | 0022| or engage in the sale, service or dispensing of alcoholic | 0023| beverages on a licensed premises unless that person has | 0024| obtained a server permit and a certificate of course | 0025| completion pursuant to the provisions of the Alcohol Server | - 2 - 0001| Education Act." | 0002| Section 3. A new section of the Alcohol Server Education | 0003| Act is enacted to read: | 0004| "[NEW MATERIAL] CERTIFICATES OF COURSE COMPLETION AND | 0005| SERVER PERMITS--FAILURE TO PRODUCE PROOF.-- | 0006| A. Any person licensed pursuant to the provisions | 0007| of the Liquor Control Act shall make available to the director | 0008| and to the agents or employees of the department of public | 0009| safety, upon request, valid proof that the licensee, his | 0010| lessee and each server then employed by the licensee or lessee | 0011| has completed an alcohol server education course certified by | 0012| the alcohol server education advisory committee and that each | 0013| server or other person required to has obtained a server | 0014| permit issued pursuant to the provisions of the Alcohol Server | 0015| Education Act. | 0016| B. Failure to produce proof of course completion | 0017| or a server permit is prima facie evidence that the licensee, | 0018| lessee or employee has not been issued a certificate or server | 0019| permit pursuant to the provisions of the Alcohol Server | 0020| Education Act and shall subject the licensee to fines and | 0021| penalties as determined by rule adopted by the director." | 0022| Section 4. Section 60-6D-8 NMSA 1978 (being Laws 1993, | 0023| Chapter 68, Section 35) is amended to read: | 0024| "60-6D-8. ~~[COURSE]~~ CERTIFICATES OF COURSE COMPLETION- | 0025| -SERVER PERMITS--ISSUANCE--FEES--SURETY BOND.--The alcohol | - 3 - 0001| server education advisory committee shall: | 0002| A. prescribe forms for and supply serially | 0003| numbered uniform certificates of course completion to | 0004| providers of courses approved by the alcohol server education | 0005| advisory committee and charge a fee not to exceed one dollar | 0006| ($1.00) per certificate. The uniform certificates of course | 0007| completion shall be printed in a manner that will provide a | 0008| control copy of the certificate that shall be retained by the | 0009| course provider. Each certificate shall include an | 0010| identifying number that will allow the director to verify its | 0011| authenticity with the course provider and the date the | 0012| certificate will expire. Upon successful completion of a | 0013| course, providers shall issue to each student a certificate of | 0014| completion; | 0015| B. require each provider to post a surety bond | 0016| with the alcohol server education advisory committee in the | 0017| amount of five thousand dollars ($5,000); ~~[and]~~ | 0018| C. issue a server permit to each student who | 0019| obtains a certificate of course completion pursuant to the | 0020| provisions of the Alcohol Server Education Act and charge a | 0021| fee for the issuance of the server permit that does not exceed | 0022| twenty-five dollars ($25.00); and | 0023| ~~[C.]~~ D. certify servers, licensees and their | 0024| lessees for a period of five years from the date on which the | 0025| course was completed." | - 4 - 0001| | 0002| Section 5. A new section of the Alcohol Server Education | 0003| Act is enacted to read: | 0004| "[NEW MATERIAL] SERVER PERMIT--SUSPENSION-- | 0005| REVOCATION--ADMINISTRATIVE FINES--PENALTIES.--In addition to | 0006| any other penalties available, the following penalties may be | 0007| imposed for sales to minors or intoxicated persons in | 0008| violation of the provisions of the Liquor Control Act or rules | 0009| of the department: | 0010| A. the director may suspend a server's server | 0011| permit or fine the server in an amount not to exceed one | 0012| hundred dollars ($100), or both, when he finds that the server | 0013| has sold, served or given an alcoholic beverage to a minor in | 0014| violation of Section 60-7B-1 NMSA 1978 or to an intoxicated | 0015| person in violation of Section 60-7A-16 NMSA 1978; | 0016| B. the director shall suspend or revoke a server's | 0017| server permit or fine the server in an amount not to exceed | 0018| five hundred dollars ($500), or both, when he finds that on | 0019| three separate occasions within a twenty-four month period the | 0020| server has sold, served or given alcoholic beverages to minors | 0021| in violation of Section 60-7B-1 NMSA 1978 or to intoxicated | 0022| persons in violation of Section 60-7A-16 NMSA 1978; | 0023| C. in addition to other penalties provided in this | 0024| section, a server who violates the provisions of Section | 0025| 60-7A-16 or 60-7B-1 NMSA 1978 by selling, serving or | - 5 - 0001| delivering alcoholic beverages to minors or intoxicated | 0002| persons shall have: | 0003| (1) upon a second violation, the server's | 0004| server permit suspended by the director for a period of two | 0005| consecutive weeks; | 0006| (2) upon a third violation, the server's | 0007| server permit suspended by the director for a period of one | 0008| month; and | 0009| (3) upon a fourth violation within any | 0010| twenty-four-month period, the server's server permit revoked | 0011| by the director; | 0012| D. no person whose server permit is suspended | 0013| pursuant the provisions of this section may be employed or | 0014| used in, or may engage in, the sale, service or dispensing of | 0015| alcoholic beverages on a licensed premises during the period | 0016| of suspension; and | 0017| E. no person whose server permit is revoked may be | 0018| employed or used or may engage in the sale, service or | 0019| dispensing of alcoholic beverages on or after the date of | 0020| revocation unless the person obtains a new server permit in | 0021| accordance with the provisions of the Alcohol Server Education | 0022| Act. If his server permit is revoked, a person shall not be | 0023| issued a new server permit within six months of the revocation | 0024| and then only after the person successfully completes another | 0025| alcohol server education course approved by the alcohol server | - 6 - 0001| education advisory committee." | 0002| | 0003| Section 6. A new section of the Alcohol Server Education | 0004| Act is enacted to read: | 0005| "[NEW MATERIAL] ADMINISTRATIVE PROCEEDINGS--HEARINGS.-- | 0006| A. Hearings for the suspension or revocation of | 0007| any server's server permit or for imposing a fine on the | 0008| server, or both, shall be conducted in accordance with the | 0009| provisions of Sections 60-6C-2 through 60-6C-6 NMSA 1978. | 0010| B. As used in those sections, "licensee" includes | 0011| a server who has been certified and has obtained a server | 0012| permit pursuant to the provisions of the Alcohol Server | 0013| Education Act, and "license" includes the server permit | 0014| obtained by the server under that act. | 0015| C. No server shall be subject to suspension or | 0016| revocation of the server permit or to a fine, or both, | 0017| pursuant to the provisions of the Alcohol Server Education Act | 0018| except for violation of Section 60-7B-1 or 60-7A-16 NMSA | 0019| 1978." | 0020| Section 7. Section 60-7A-12 NMSA 1978 (being Laws 1981, | 0021| Chapter 39, Section 78, as amended) is amended to read: | 0022| "60-7A-12. OFFENSES BY DISPENSERS, CANOPY LICENSEES, | 0023| RESTAURANT LICENSEES, GOVERNMENTAL LICENSEES OR THEIR LESSEES | 0024| AND CLUBS.--It is a violation of the Liquor Control Act for | 0025| any dispenser, canopy licensee, restaurant licensee, | - 7 - 0001| governmental licensee or its lessee or club to: | 0002| A. receive any alcoholic beverages for the purpose | 0003| of or with the intent of reselling the same from any person | 0004| other than one duly licensed to sell alcoholic beverages to | 0005| dispensers for resale; | 0006| B. sell, possess for the purpose of sale or to | 0007| bottle any bulk wine for sale other than by the drink for | 0008| immediate consumption on his licensed premises; | 0009| C. directly, indirectly or through any subterfuge | 0010| own, operate or control any interest in any wholesale liquor | 0011| establishment or liquor manufacturing or wine bottling firm; | 0012| provided that this section shall not prevent a dispenser from | 0013| owning an interest in any legal entity, directly or indirectly | 0014| or through an affiliate, that wholesales alcoholic beverages | 0015| and that operates or controls an interest in an establishment | 0016| operating ~~[under]~~ pursuant to the provisions of Subsection | 0017| B of Section 60-7A-10 NMSA 1978; ~~[or]~~ | 0018| D. sell or possess for the purpose of sale any | 0019| alcoholic beverages at any location or place except his | 0020| licensed premises or the location permitted ~~[under]~~ | 0021| pursuant to Section 60-6A-12 NMSA 1978; | 0022| E. employ, use or allow a person to engage in the | 0023| sale, service or dispensing of alcoholic beverages if the | 0024| person has not completed an alcohol server education course | 0025| approved by the alcohol server education advisory committee | - 8 - 0001| and been issued a certificate of course completion and a | 0002| server permit by the department pursuant to the provisions of | 0003| the Alcohol Server Education Act; or | 0004| F. employ, use or allow a person to engage in the | 0005| sale, service or dispensing of alcoholic beverages during a | 0006| period when the alcoholic beverage server permit of that | 0007| person is suspended or revoked." | 0008| Section 8. EFFECTIVE DATE.--The effective date of the | 0009| provisions of this act is July 1, 1998. | 0010| |