0001|                             HOUSE BILL 4
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                            Rita G. Getty
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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 ALCOHOLIC BEVERAGE SALES THROUGH DRIVE-UP WINDOWS;
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0012|     PROVIDING FOR LOCAL OPTION ELECTIONS TO CLOSE DRIVE-UP
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0013|     WINDOWS; DECLARING AN EMERGENCY.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0017|     Chapter 39, Section 47, as amended) is amended to read:
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0018|          "60-7A-1.  HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0019|     CHRISTMAS DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE
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0020|     LICENSED PREMISES--ELECTIONS.--
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0021|               A.  Alcoholic beverages shall be sold, served and
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0022|     consumed on licensed premises only during the following hours
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0023|     and days:
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0024|                    (1)  on Mondays from 7:00 a.m. until midnight;
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0025|                    (2)  on other weekdays from after midnight of
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0001|     the previous day until 2:00 a.m., then from 7:00 a.m. until
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0002|     midnight, except as provided in Subsections D, E and H of this
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0003|     section; and
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0004|                    (3)  on Sundays only after midnight of the
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0005|     previous day until 2:00 a.m., except as provided in
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0006|     Subsections C and F of this section; provided, however,
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0007|     nothing in this section shall prohibit the consumption at any
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0008|     time of alcoholic beverages in guest rooms of hotels.
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0009|               B.  Alcoholic beverages shall be sold by a
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0010|     dispenser or a retailer in unbroken packages, for consumption
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0011|     off the licensed premises and not for resale, on Mondays
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0012|     through Saturdays from 7:00 a.m. until 12:00 a.m. on the
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0013|     following day except as provided in Subsections D, E and H of
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0014|     this section.
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0015|               C.  Subject to the provisions of Subsections F and
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0016|     I of this section, a dispenser, restaurant licensee or club
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0017|     may, upon payment of an additional fee of one hundred dollars
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0018|     ($100), obtain a permit to sell, serve or permit the
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0019|     consumption of alcoholic beverages by the drink on the
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0020|     licensed premises on Sundays from 12:00 noon until midnight
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0021|     and in those years when December 31 falls on a Sunday from
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0022|     12:00 noon until 2:00 a.m. of the following day, except as

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0023|     otherwise provided in Subsection F of this section.  The
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0024|     permit shall expire on June 30 of each year and may be renewed
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0025|     from year to year upon application for renewal and payment of
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0001|     the required fee.  The permit fee shall not be prorated. 
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0002|     Sales made pursuant to this subsection or Subsection I of this
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0003|     section shall be called "Sunday sales".
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0004|               D.  Retailers, dispensers, canopy licensees,
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0005|     restaurant licensees, club licensees and governmental
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0006|     licensees or <s>[its]</s> <u>their</u> lessees shall not sell, serve,
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0007|     deliver or allow the consumption of alcoholic beverages on the
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0008|     licensed premises during voting hours on the days of the
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0009|     primary election, general election, elections for officers of
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0010|     a municipality or any other election as prescribed by the
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0011|     rules and regulations of the director.
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0012|               E.  Retailers, dispensers, canopy licensees that
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0013|     were replaced by dispenser's licensees pursuant to Section
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0014|     60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0015|     governmental licensees or <s>[its]</s> <u>their</u> lessees shall not
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0016|     sell, serve, deliver or allow the consumption of alcoholic
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0017|     beverages on the licensed premises from 2:00 a.m. on Christmas
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0018|     day until 7:00 a.m. on the day after Christmas, except as
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0019|     permitted pursuant to Subsection H of this section.
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0020|               F.  At the 1984 general election, the secretary of
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0021|     state shall order placed on the ballot in each local option
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0022|     district the question "Shall Sunday sales of alcoholic
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0023|     beverages by the drink for consumption on the licensed
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0024|     premises of licensees be allowed in this local option
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0025|     district?".  If the secretary of state determines a need, he
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0001|     may authorize the use of paper ballots for the purpose of the
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0002|     election provided for pursuant to this subsection.  Until such
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0003|     election, Sunday sales shall be permitted on the same basis in
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0004|     any local option district as provided under any former act,
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0005|     and the election held at the first general election following
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0006|     the effective date of the Liquor Control Act shall have no
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0007|     effect on whether Sunday sales are permitted in any local
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0008|     option district.  If the question is disapproved by a majority
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0009|     of those voting upon the question in the local option
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0010|     district, Sunday sales shall be unlawful in that local option
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0011|     district upon certification of the election returns, and the
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0012|     question shall not again be placed on the ballot in that local
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0013|     option district until:
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0014|                    (1)  at least one year has passed; and
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0015|                    (2)  a petition is filed with the local
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0016|     governing body bearing the signatures of registered qualified
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0017|     electors of the local option district equal in number to ten
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0018|     percent of the number of votes cast and counted in the local
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0019|     option district for governor in the last preceding general
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0020|     election in which a governor was elected.  The signatures on
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0021|     the petition shall be verified by the clerk of the county in
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0022|     which the local option district is situated.
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0023|               G.  The local governing body of a local option
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0024|     district <s>[in an eligible county shall]</s> <u>may</u>:
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0025|                    (1)  adopt a resolution <s>[within sixty days of
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<s></s>0001| <s>    April 7, 1989]</s> calling for an election to place on the ballot
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0002|     the question "Shall a retailer or dispenser be allowed to sell
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0003|     or deliver alcoholic beverages at any time from a drive-up
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0004|     window?";
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0005|                    (2)  arrange for the election to be held
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0006|     <s>[within sixty days after the date the resolution is adopted]</s>
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0007|     <u>in conjunction with the next general election or on a date
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<u></u>0008| <u>    set by the governing body of the local option district</u>; and
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0009|                    (3)  ensure that the election is called,
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0010|     conducted, counted and canvassed in the manner provided by law
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0011|     for elections within the <u>municipality or</u> county <u>that is the
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<u></u>0012| <u>    local option district</u>.
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0013|          <s>[As used in this subsection, "eligible county" means any
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<s></s>0014| <s>    county that, according to motor vehicle statistics reported to
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<s></s>0015| <s>    the state highway and transportation department during the
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<s></s>0016| <s>    years 1985 and 1986, convicted more than twenty-five persons
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<s></s>0017| <s>    for each one thousand licensed drivers of driving while
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<s></s>0018| <s>    intoxicated offenses.]</s>
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0019|               H.  On and after July 1, 1989, dispensers, canopy
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0020|     licensees that were replaced by dispenser's licensees pursuant
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0021|     to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0022|     licensees and governmental licensees or lessees of these
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0023|     licensees may sell, serve or allow the consumption of beer and
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0024|     wine with meals on licensed premises from noon until 10:00
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0025|     p.m. on Christmas day, except in a local option district in
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0001|     which, pursuant to petition and election under this
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0002|     subsection, a majority of the voters voting on the question
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0003|     votes against continuing such sales or consumption on
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0004|     Christmas day.  An election shall be held on the question of
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0005|     whether to continue to allow the sale, service or consumption
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0006|     of beer and wine with meals on licensed premises from noon
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0007|     until 10:00 p.m. on Christmas day in a local option district,
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0008|     if a petition requesting the governing body of that district
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0009|     to call the election is signed by at least ten percent of the
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0010|     registered voters of the district and is filed with the clerk
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0011|     of the governing body of the district.  Upon verification by
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0012|     the clerk that the petition contains the required number of
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0013|     signatures of registered voters, the governing body shall
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0014|     adopt a resolution calling an election on the question of
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0015|     allowing the sale, service or consumption of beer and wine
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0016|     with meals on licensed premises from noon until 10:00 p.m. on
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0017|     Christmas day.  The election shall be held within sixty days
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0018|     after the date the petition is verified, or it may be held in
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0019|     conjunction with a regular election of the governing body if
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0020|     that election occurs within sixty days of such verification. 
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0021|     The election shall be called, conducted, counted and canvassed
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0022|     in substantially the same manner as provided for general
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0023|     elections in the county under the Election Code or for special
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0024|     municipal elections in a municipality under the Municipal
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0025|     Election Code.  If a majority of the voters voting on the
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0001|     question votes against continuing the sale, service or
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0002|     consumption of beer and wine with meals on licensed premises
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0003|     from noon until 10:00 p.m. on Christmas day, then such sales
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0004|     and consumption shall be prohibited.  If a majority of the
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0005|     voters voting on the question votes to allow continued sale,
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0006|     service and consumption of beer and wine with meals on
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0007|     licensed premises from noon until 10:00 p.m. on Christmas day,
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0008|     then such sales and consumption shall be allowed to continue. 
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0009|     The question then shall not be submitted again to the voters
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0010|     within two years of the date of the last election on the
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0011|     question.
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0012|               I.  Notwithstanding the provisions of Subsection F
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0013|     of this section, any Indian tribe or pueblo whose lands are
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0014|     wholly situated within the state that has, by statute,
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0015|     ordinance or resolution, elected to permit the sale,
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0016|     possession or consumption of alcoholic beverages on lands
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0017|     within the territorial boundaries of the tribe or pueblo may,
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0018|     by statute, ordinance or resolution of the governing body of
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0019|     the Indian tribe or pueblo, permit Sunday sales by the drink
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0020|     on the licensed premises of licensees on lands within the
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0021|     territorial boundaries of the tribe or pueblo; provided that a
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0022|     certified copy of such enactment is filed with the office of
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0023|     the director and of the secretary of state.
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0024|               J.  Subject to the provisions of Subsection K of
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0025|     this section, a dispenser or retailer, upon payment of an
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0001|     additional fee of one hundred dollars ($100), may obtain a
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0002|     permit to sell alcoholic beverages in unbroken packages for
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0003|     consumption off the licensed premises on Sundays from 12:00
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0004|     noon until midnight, and in those years when December 31 falls
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0005|     on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of
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0006|     the following day.  The permit shall expire on June 30 of each
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0007|     year and may be renewed from year to year upon application for
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0008|     renewal and payment of the required fee.  The permit fee shall
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0009|     not be prorated.  Sales made pursuant to the provisions of
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0010|     this subsection shall be called "Sunday package sales".
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0011|               K.  If a petition requesting the governing body of
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0012|     a local option district to call an election on the question of
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0013|     continuing to allow sales of alcoholic beverages in unbroken
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0014|     packages for consumption off the licensed premises on Sundays
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0015|     is filed with the clerk of the governing body and that
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0016|     petition is signed by at least ten percent of the number of
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0017|     registered voters of the local option district and the clerk
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0018|     of the governing body verifies the petition signatures, the
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0019|     governing body shall adopt a resolution calling an election on
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0020|     the question.  The election shall be held within sixty days of
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0021|     the date the petition is verified, or it may be held in
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0022|     conjunction with a regular election of the governing body, if
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0023|     the regular election occurs within sixty days of the petition
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0024|     verification.  The election shall be called, conducted,
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0025|     counted and canvassed substantially in the manner provided by
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0001|     law for general elections within a county or special municipal
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0002|     elections within a municipality.  If a majority of the voters
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0003|     of the local option district voting in the election votes to
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0004|     allow the sale of alcoholic beverages in unbroken packages for
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0005|     consumption off the licensed premises, then those sales shall
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0006|     continue to be allowed.  If a majority of the voters of the
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0007|     local option district voting in the election votes not to
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0008|     allow the Sunday <u>package</u> sales, then those Sunday <u>package</u>
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0009|     sales shall be prohibited commencing the first Sunday after
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0010|     the results of the election are certified.  Following the
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0011|     election, the question of allowing the Sunday <u>package</u> sales
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0012|     shall not be submitted again to the voters within two years of
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0013|     the date of the last election on the question."
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0014|          Section 2.  EMERGENCY.--It is necessary for the public
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0015|     peace, health and safety that this act take effect
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0016|     immediately.
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0017|                              
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