0001|               SENATE FINANCE COMMITTEE SUBSTITUTE FOR
    |
0002|                           SENATE BILL 399
    |
0003|     43rd legislature - STATE OF NEW MEXICO - second session, 1998
    |
0004|                                   
    |
0005|     
    |
0006|     
    |
0007|                                   
    |
0008|     
    |
0009|                                   
    |
0010|     
    |
0011|                                AN ACT
    |
0012|     RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE;
    |
0013|     PROHIBITING SALE FROM DRIVE-UP WINDOWS OF ICE OR ANY ALCOHOLIC
    |
0014|     BEVERAGE THAT HAS BEEN REFRIGERATED.
    |
0015|     
    |
0016|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
    |
0017|          Section 1.  Section 60-7A-11 NMSA 1978 (being Laws 1981,
    |
0018|     Chapter 39, Section 77, as amended) is amended to read:
    |
0019|          "60-7A-11.  OFFENSES BY RETAILERS.--It is a violation of
    |
0020|     the Liquor Control Act for any retailer to:
    |
0021|               A.  allow or permit any alcoholic beverages to be
    |
0022|     consumed on his licensed premises;
    |
0023|               B.  maintain or keep in close proximity to the
    |
0024|     licensed premises any place for the consumption of alcoholic
    |
0025|     beverages purchased from him;
    |
<center>- 1 -</center>0001|               C.  sell any alcoholic beverages at any place other
    |
0002|     than his licensed premises;
    |
0003|               D.  sell, possess for the purpose of sale or to
    |
0004|     have, possess or keep on his licensed premises alcoholic
    |
0005|     beverages not contained in the unopened, original package;
    |
0006|               E.  buy or receive any alcoholic beverages from any
    |
0007|     person other than a duly licensed New Mexico wholesaler or
    |
0008|     wine wholesaler for the purpose of or with the intent of
    |
0009|     reselling the alcoholic beverages; <s>[or]</s>
    |
0010|               F.  directly, indirectly or through any subterfuge
    |
0011|     own, operate or control any interest in any wholesale liquor
    |
0012|     establishment or liquor manufacturing or wine bottling firm;
    |
0013|     provided that this subsection shall not prevent a retailer
    |
0014|     from owning stock in any corporation <s>[which]</s> <u>that</u>
    |
0015|     wholesales, manufactures or bottles alcoholic beverages when
    |
0016|     he owns the stock for investment purposes only; <u>or</u>
    |
0017|               <u>G.  sell or supply ice or any alcoholic beverage
</u>    |
<u></u>0018| <u>    from a drive-up window that has been refrigerated, cooled or
</u>    |
<u></u>0019| <u>    frozen in any manner</u>."
    |
0020|                                  
    |