0001| SENATE FINANCE COMMITTEE SUBSTITUTE FOR
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0002| SENATE BILL 383
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0003| 43rd legislature - STATE OF NEW MEXICO - second session, 1998
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
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0013| CLOSING DRIVE-UP WINDOWS TO REDUCE THE INCIDENCE OF DWI;
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0014| IMPOSING PENALTIES; DECLARING AN EMERGENCY.
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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 60-6C-1 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 97, as amended) is amended to read:
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0019| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
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0020| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0021| A. The director may suspend or revoke the license
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0022| or permit or fine the licensee in an amount not more than ten
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0023| thousand dollars ($10,000), or both, when he finds that any
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0024| licensee has:
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0025| (1) violated any provision of the Liquor
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- 1 -0001| Control Act or any regulation or order promulgated pursuant to
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0002| that act;
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0003| (2) been convicted of a felony pursuant to
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0004| the provisions of the Criminal Code, the Liquor Control Act or
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0005| federal law; or
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0006| (3) permitted his licensed premises to remain
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0007| a public nuisance in the neighborhood where it is located
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0008| after written notice from the director that investigation by
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0009| the department has revealed that the establishment is a public
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0010| nuisance in the neighborhood.
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0011| B. The director shall suspend or revoke the
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0012| license or permit and may fine the licensee in an amount not
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0013| to exceed ten thousand dollars ($10,000), or both, when he
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0014| finds that any licensee or:
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0015| (1) his employee or agent knowingly has sold,
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0016| served or given any alcoholic beverage to a minor in violation
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0017| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0018| violation of Section 60-7A-16 NMSA 1978, on two separate
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0019| occasions within any twelve-month period; or
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0020| (2) his agent has made any material false
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0021| statement or concealed any material facts in his application
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0022| for the license or permit granted him pursuant to the
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0023| provisions of the Liquor Control Act.
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0024| C. In addition to other penalties provided in this
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0025| section, any retailer or dispenser who violates the provisions
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- 2 -0001| of Subsection G of [Section 60-7A-16 or 60-7B-1 NMSA 1978]
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0002| 60-7A-1 NMSA 1978 by selling, serving or delivering alcoholic
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0003| beverages [to an intoxicated person or a minor] through a
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0004| drive-up window [at a minimum] shall have
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0005| [(1) upon a first violation of this
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subsection, the privilege to sell alcoholic beverages or any
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other goods from his drive-up window suspended by the director
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for a period of two weeks;
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(2) upon a second violation of this subsection,
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the privilege to sell alcoholic beverages or any other goods from
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his drive-up window suspended by the director for a period of
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thirty days;
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(3) upon a third violation of this subsection,
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the privilege to sell alcoholic beverages or any other goods from
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his drive-up window suspended by the director for a period of
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sixty days; and
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(4) upon a fourth violation of this subsection
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within two years of any other violations of Section 60-7A-16 or
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60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or
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any other goods from his drive-up window revoked by the director
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and the drive-up window permanently closed] his license
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0022| suspended for a minimum of sixty days.
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0023| D. Any licensee aggrieved by a revocation, suspension
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0024| or fine proposed to be imposed by the director pursuant to this
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0025| section shall be entitled to the hearing procedures set forth in
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- 3 -0001| [Article 6C] of Chapter 60, Article 6C NMSA 1978 before the
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0002| revocation, suspension or fine shall be effective.
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0003| E. Any charge filed against a licensee by the
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0004| department and the resulting disposition of the charge shall be
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0005| reported to the department of public safety and local law
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0006| enforcement agencies whose jurisdictions include the licensed
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0007| establishment."
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0008| Section 2. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0009| Chapter 39, Section 47, as amended) is amended to read:
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0010| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0011| CHRISTMAS DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE
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0012| LICENSED PREMISES--ELECTIONS.--
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0013| A. Alcoholic beverages shall be sold, served and
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0014| consumed on licensed premises only during the following hours and
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0015| days:
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0016| (1) on Mondays from 7:00 a.m. until midnight;
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0017| (2) on other weekdays from after midnight of
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0018| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0019| midnight, except as provided in Subsections D, E and H of this
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0020| section; and
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0021| (3) on Sundays only after midnight of the
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0022| previous day until 2:00 a.m., except as provided in Subsections C
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0023| and F of this section; provided, however, nothing in this section
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0024| shall prohibit the consumption at any time of alcoholic beverages
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0025| in guest rooms of hotels.
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- 4 -0001| B. Alcoholic beverages shall be sold by a dispenser
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0002| or a retailer in unbroken packages, for consumption off the
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0003| licensed premises and not for resale, on Mondays through
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0004| Saturdays from 7:00 a.m. until 12:00 a.m. on the following day
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0005| except as provided in Subsections D, E and H of this section.
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0006| C. Subject to the provisions of Subsections F and I
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0007| of this section, a dispenser, restaurant licensee or club may,
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0008| upon payment of an additional fee of one hundred dollars ($100),
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0009| obtain a permit to sell, serve or permit the consumption of
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0010| alcoholic beverages by the drink on the licensed premises on
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0011| Sundays from 12:00 noon until midnight and in those years when
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0012| December 31 falls on a Sunday from 12:00 noon until 2:00 a.m. of
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0013| the following day, except as otherwise provided in Subsection F
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0014| of this section. The permit shall expire on June 30 of each year
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0015| and may be renewed from year to year upon application for renewal
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0016| and payment of the required fee. The permit fee shall not be
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0017| prorated. Sales made pursuant to this subsection or Subsection I
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0018| of this section shall be called "Sunday sales".
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0019| D. Retailers, dispensers, canopy licensees,
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0020| restaurant licensees, club licensees and governmental licensees
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0021| or [its] their lessees shall not sell, serve, deliver or
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0022| allow the consumption of alcoholic beverages on the licensed
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0023| premises during voting hours on the days of the primary election,
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0024| general election, elections for officers of a municipality or any
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0025| other election as prescribed by the rules and regulations of the
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- 5 -0001| director.
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0002| E. Retailers, dispensers, canopy licensees that were
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0003| replaced by dispenser's licensees pursuant to Section 60-6B-16
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0004| NMSA 1978, restaurant licensees, club licensees and governmental
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0005| licensees or [its] their lessees shall not sell, serve,
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0006| deliver or allow the consumption of alcoholic beverages on the
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0007| licensed premises from 2:00 a.m. on Christmas day until 7:00 a.m.
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0008| on the day after Christmas, except as permitted pursuant to
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0009| Subsection H of this section.
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0010| F. At the 1984 general election, the secretary of
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0011| state shall order placed on the ballot in each local option
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0012| district the question "Shall Sunday sales of alcoholic beverages
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0013| by the drink for consumption on the licensed premises of
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0014| licensees be allowed in this local option district?". If the
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0015| secretary of state determines a need, he may authorize the use of
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0016| paper ballots for the purpose of the election provided for
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0017| pursuant to this subsection. Until such election, Sunday sales
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0018| shall be permitted on the same basis in any local option district
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0019| as provided under any former act, and the election held at the
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0020| first general election following the effective date of the Liquor
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0021| Control Act shall have no effect on whether Sunday sales are
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0022| permitted in any local option district. If the question is
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0023| disapproved by a majority of those voting upon the question in
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0024| the local option district, Sunday sales shall be unlawful in that
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0025| local option district upon certification of the election returns,
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- 6 -0001| and the question shall not again be placed on the ballot in that
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0002| local option district until:
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0003| (1) at least one year has passed; and
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0004| (2) a petition is filed with the local
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0005| governing body bearing the signatures of registered qualified
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0006| electors of the local option district equal in number to ten
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0007| percent of the number of votes cast and counted in the local
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0008| option district for governor in the last preceding general
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0009| election in which a governor was elected. The signatures on the
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0010| petition shall be verified by the clerk of the county in which
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0011| the local option district is situated.
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0012| [G. The local governing body of a local option
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district in an eligible county shall:
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(1) adopt a resolution within sixty days of
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April 7, 1989 calling for an election to place on the ballot the
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question "Shall a retailer or dispenser be allowed to sell or
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deliver alcoholic beverages at any time from a drive-up window?";
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(2) arrange for the election to be held within
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sixty days after the date the resolution is adopted; and
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(3) ensure that the election is called,
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conducted, counted and canvassed in the manner provided by law
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for elections within the county.
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As used in this subsection, "eligible county" means any
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county that, according to motor vehicle statistics reported to
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the state highway and transportation department during the years
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- 7 - 1985 and 1986, convicted more than twenty-five persons for each
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one thousand licensed drivers of driving while intoxicated
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offenses.]
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G. Beginning on the effective date of this act, no
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licensee shall sell, serve or deliver alcoholic beverages from a
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drive-up window on his licensed premises. The liquor license of
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a licensee who continues to sell, serve or deliver alcoholic
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beverages from a drive-up window on his licensed premises on or
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after the effective date of this provision is subject to
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suspension or revocation.
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H. On and after July 1, 1989, dispensers, canopy
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licensees that were replaced by dispenser's licensees pursuant to
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Section 60-6B-16 NMSA 1978, restaurant licensees, club licensees
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and governmental licensees or lessees of these licensees may
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sell, serve or allow the consumption of beer and wine with meals
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on licensed premises from noon until 10:00 p.m. on Christmas day,
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except in a local option district in which, pursuant to petition
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and election under this subsection, a majority of the voters
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voting on the question votes against continuing such sales or
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consumption on Christmas day. An election shall be held on the
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question of whether to continue to allow the sale, service or
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consumption of beer and wine with meals on licensed premises from
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noon until 10:00 p.m. on Christmas day in a local option
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district, if a petition requesting the governing body of that
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district to call the election is signed by at least ten percent
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- 8 - of the registered voters of the district and is filed with the
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clerk of the governing body of the district. Upon verification
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by the clerk that the petition contains the required number of
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signatures of registered voters, the governing body shall adopt a
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resolution calling an election on the question of allowing the
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sale, service or consumption of beer and wine with meals on
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licensed premises from noon until 10:00 p.m. on Christmas day.
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The election shall be held within sixty days after the date the
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petition is verified, or it may be held in conjunction with a
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regular election of the governing body if that election occurs
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within sixty days of such verification. The election shall be
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called, conducted, counted and canvassed in substantially the
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same manner as provided for general elections in the county under
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the Election Code or for special municipal elections in a
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municipality under the Municipal Election Code. If a majority of
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the voters voting on the question votes against continuing the
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sale, service or consumption of beer and wine with meals on
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licensed premises from noon until 10:00 p.m. on Christmas day,
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then such sales and consumption shall be prohibited. If a
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majority of the voters voting on the question votes to allow
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continued sale, service and consumption of beer and wine with
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meals on licensed premises from noon until 10:00 p.m. on
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Christmas day, then such sales and consumption shall be allowed
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to continue. The question then shall not be submitted again to
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the voters within two years of the date of the last election on
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- 9 - the question.
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I. Notwithstanding the provisions of Subsection F of
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this section, any Indian tribe or pueblo whose lands are wholly
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situated within the state that has, by statute, ordinance or
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resolution, elected to permit the sale, possession or consumption
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of alcoholic beverages on lands within the territorial boundaries
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of the tribe or pueblo may, by statute, ordinance or resolution
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of the governing body of the Indian tribe or pueblo, permit
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Sunday sales by the drink on the licensed premises of licensees
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on lands within the territorial boundaries of the tribe or
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pueblo; provided that a certified copy of such enactment is filed
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with the office of the director and of the secretary of state.
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J. Subject to the provisions of Subsection K of this
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section, a dispenser or retailer, upon payment of an additional
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fee of one hundred dollars ($100), may obtain a permit to sell
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alcoholic beverages in unbroken packages for consumption off the
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licensed premises on Sundays from 12:00 noon until midnight, and
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in those years when December 31 falls on a Sunday, from 12:00
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noon on December 31 until 2:00 a.m. of the following day. The
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permit shall expire on June 30 of each year and may be renewed
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from year to year upon application for renewal and payment of the
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required fee. The permit fee shall not be prorated. Sales made
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pursuant to the provisions of this subsection shall be called
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"Sunday package sales".
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K. If a petition requesting the governing body of a
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- 10 - local option district to call an election on the question of
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continuing to allow sales of alcoholic beverages in unbroken
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packages for consumption off the licensed premises on Sundays is
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filed with the clerk of the governing body and that petition is
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signed by at least ten percent of the number of registered voters
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of the local option district and the clerk of the governing body
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verifies the petition signatures, the governing body shall adopt
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a resolution calling an election on the question. The election
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shall be held within sixty days of the date the petition is
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verified, or it may be held in conjunction with a regular
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election of the governing body, if the regular election occurs
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within sixty days of the petition verification. The election
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shall be called, conducted, counted and canvassed substantially
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in the manner provided by law for general elections within a
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county or special municipal elections within a municipality. If
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a majority of the voters of the local option district voting in
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the election votes to allow the sale of alcoholic beverages in
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unbroken packages for consumption off the licensed premises, then
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those sales shall continue to be allowed. If a majority of the
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voters of the local option district voting in the election votes
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not to allow the Sunday package sales, then those Sunday
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package sales shall be prohibited commencing the first Sunday
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after the results of the election are certified. Following the
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election, the question of allowing the Sunday package sales
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shall not be submitted again to the voters within two years of
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- 11 - the date of the last election on the question."
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Section 3.--It is necessary for the public peace, health
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and safety that this act take effect immediately.
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