0001| HOUSE BILL 9
|
0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
|
0003| INTRODUCED BY
|
0004| Mimi Stewart
|
0005|
|
0006|
|
0007|
|
0008|
|
0009|
|
0010| AN ACT
|
0011| RELATING TO ALCOHOLIC BEVERAGES; MAKING IT A VIOLATION OF THE
|
0012| LIQUOR CONTROL ACT TO SELL OR DELIVER ALCOHOLIC BEVERAGES FROM
|
0013| A DRIVE-UP WINDOW; AMENDING SECTIONS OF THE LIQUOR CONTROL
|
0014| ACT.
|
0015|
|
0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
|
0017| Section 1. Section 60-6C-1 NMSA 1978 (being Laws 1981,
|
0018| Chapter 39, Section 97, as amended) is amended to read:
|
0019| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
|
0020| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
|
0021| A. The director may suspend or revoke the license
|
0022| or permit or fine the licensee in an amount not more than ten
|
0023| thousand dollars ($10,000), or both, when he finds that any
|
0024| licensee has:
|
0025| (1) violated any provision of the Liquor
|
- 1 -
0001| Control Act or any regulation or order promulgated pursuant to
|
0002| that act;
|
0003| (2) been convicted of a felony pursuant to
|
0004| the provisions of the Criminal Code, the Liquor Control Act or
|
0005| federal law; or
|
0006| (3) permitted his licensed premises to remain
|
0007| a public nuisance in the neighborhood where it is located
|
0008| after written notice from the director that investigation by
|
0009| the department has revealed that the establishment is a public
|
0010| nuisance in the neighborhood.
|
0011| B. The director shall suspend or revoke the
|
0012| license or permit and may fine the licensee in an amount not
|
0013| to exceed ten thousand dollars ($10,000), or both, when he
|
0014| finds that any licensee or:
|
0015| (1) his employee or agent knowingly has sold,
|
0016| served or given any alcoholic beverage to a minor in violation
|
0017| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
|
0018| violation of Section 60-7A-16 NMSA 1978, on two separate
|
0019| occasions within any twelve-month period; or
|
0020| (2) his agent has made any material false
|
0021| statement or concealed any material facts in his application
|
0022| for the license or permit granted him pursuant to the
|
0023| provisions of the Liquor Control Act.
|
0024| [C. In addition to other penalties provided in
|
this section, any retailer or dispenser who violates the
|
- 2 -
provisions of Section 60-7A-16 or 60-7B-1 NMSA 1978 by
|
selling, serving or delivering alcoholic beverages to an
|
intoxicated person or a minor through a drive-up window at a
|
minimum shall have:
|
(1) upon a first violation of this
|
subsection, the privilege to sell alcoholic beverages or any
|
other goods from his drive-up window suspended by the director
|
for a period of two weeks;
|
(2) upon a second violation of this
|
subsection, the privilege to sell alcoholic beverages or any
|
other goods from his drive-up window suspended by the director
|
for a period of thirty days;
|
(3) upon a third violation of this
|
subsection, the privilege to sell alcoholic beverages or any
|
other goods from his drive-up window suspended by the director
|
for a period of sixty days; and
|
(4) upon a fourth violation of this
|
subsection within two years of any other violations of Section
|
60-7A-16 or 60-7B-1 NMSA 1978, the privilege to sell alcoholic
|
beverages or any other goods from his drive-up window revoked
|
by the director and the drive-up window permanently closed.
|
D.] C. Any licensee aggrieved by a revocation,
|
0023| suspension or fine proposed to be imposed by the director
|
0024| pursuant to this section shall be entitled to the hearing
|
0025| procedures set forth in [Article 6C of Chapter 60] Chapter
|
- 3 -
0001| 60, Article 6C NMSA 1978 before the revocation, suspension or
|
0002| fine shall be effective.
|
0003| [E.] D. Any charge filed against a licensee by
|
0004| the department and the resulting disposition of the charge
|
0005| shall be reported to the department of public safety and local
|
0006| law enforcement agencies whose jurisdictions include the
|
0007| licensed establishment."
|
0008| Section 2. Section 60-7A-1 NMSA 1978 (being Laws 1981,
|
0009| Chapter 39, Section 47, as amended) is amended to read:
|
0010| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
|
0011| CHRISTMAS DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE
|
0012| LICENSED PREMISES--ELECTIONS.--
|
0013| A. Alcoholic beverages shall be sold, served and
|
0014| consumed on licensed premises only during the following hours
|
0015| and days:
|
0016| (1) on Mondays from 7:00 a.m. until midnight;
|
0017| (2) on other weekdays from after midnight of
|
0018| the previous day until 2:00 a.m., then from 7:00 a.m. until
|
0019| midnight, except as provided in Subsections D, E and [H] G
|
0020| of this section; and
|
0021| (3) on Sundays only after midnight of the
|
0022| previous day until 2:00 a.m., except as provided in
|
0023| Subsections C and F of this section; provided, however,
|
0024| nothing in this section shall prohibit the consumption at any
|
0025| time of alcoholic beverages in guest rooms of hotels.
|
- 4 -
0001| B. Alcoholic beverages shall be sold by a
|
0002| dispenser or a retailer in unbroken packages, for consumption
|
0003| off the licensed premises and not for resale, on Mondays
|
0004| through Saturdays from 7:00 a.m. until 12:00 a.m. on the
|
0005| following day, except as provided in Subsections D, E and
|
0006| [H] G of this section.
|
0007| C. Subject to the provisions of Subsections F and
|
0008| [I] H of this section, a dispenser, restaurant licensee or
|
0009| club may, upon payment of an additional fee of one hundred
|
0010| dollars ($100), obtain a permit to sell, serve or permit the
|
0011| consumption of alcoholic beverages by the drink on the
|
0012| licensed premises on Sundays from 12:00 noon until midnight
|
0013| and in those years when December 31 falls on a Sunday from
|
0014| 12:00 noon until 2:00 a.m. of the following day, except as
|
0015| otherwise provided in Subsection F of this section. The
|
0016| permit shall expire on June 30 of each year and may be renewed
|
0017| from year to year upon application for renewal and payment of
|
0018| the required fee. The permit fee shall not be prorated.
|
0019| Sales made pursuant to this subsection or Subsection [I] H
|
0020| of this section shall be called "Sunday sales".
|
0021| D. Retailers, dispensers, canopy licensees,
|
0022| restaurant licensees, club licensees and governmental
|
0023| licensees or [its] their lessees shall not sell, serve,
|
0024| deliver or allow the consumption of alcoholic beverages on the
|
0025| licensed premises during voting hours on the days of the
|
- 5 -
0001| primary election, general election, elections for officers of
|
0002| a municipality or any other election as prescribed by the
|
0003| rules and regulations of the director.
|
0004| E. Retailers, dispensers, canopy licensees that
|
0005| were replaced by dispenser's licensees pursuant to Section
|
0006| 60-6B-16 NMSA 1978, restaurant licensees, club licensees and
|
0007| governmental licensees or [its] their lessees shall not
|
0008| sell, serve, deliver or allow the consumption of alcoholic
|
0009| beverages on the licensed premises from 2:00 a.m. on Christmas
|
0010| day until 7:00 a.m. on the day after Christmas, except as
|
0011| permitted pursuant to Subsection [H] G of this section.
|
0012| F. At the 1984 general election, the secretary of
|
0013| state shall order placed on the ballot in each local option
|
0014| district the question "Shall Sunday sales of alcoholic
|
0015| beverages by the drink for consumption on the licensed
|
0016| premises of licensees be allowed in this local option
|
0017| district?". If the secretary of state determines a need, he
|
0018| may authorize the use of paper ballots for the purpose of the
|
0019| election provided for pursuant to this subsection. Until such
|
0020| election, Sunday sales shall be permitted on the same basis in
|
0021| any local option district as provided under any former act,
|
0022| and the election held at the first general election following
|
0023| the effective date of the Liquor Control Act shall have no
|
0024| effect on whether Sunday sales are permitted in any local
|
0025| option district. If the question is disapproved by a majority
|
- 6 -
0001| of those voting upon the question in the local option
|
0002| district, Sunday sales shall be unlawful in that local option
|
0003| district upon certification of the election returns, and the
|
0004| question shall not again be placed on the ballot in that local
|
0005| option district until:
|
0006| (1) at least one year has passed; and
|
0007| (2) a petition is filed with the local
|
0008| governing body bearing the signatures of registered qualified
|
0009| electors of the local option district equal in number to ten
|
0010| percent of the number of votes cast and counted in the local
|
0011| option district for governor in the last preceding general
|
0012| election in which a governor was elected. The signatures on
|
0013| the petition shall be verified by the clerk of the county in
|
0014| which the local option district is situated.
|
0015| [G. The local governing body of a local option
|
district in an eligible county shall:
|
(1) adopt a resolution within sixty days of
|
April 7, 1989 calling for an election to place on the ballot
|
the question "Shall a retailer or dispenser be allowed to sell
|
or deliver alcoholic beverages at any time from a drive-up
|
window?";
|
(2) arrange for the election to be held
|
within sixty days after the date the resolution is adopted;
|
and
|
(3) ensure that the election is called,
|
- 7 -
conducted, counted and canvassed in the manner provided by law
|
for elections within the county.
|
As used in this subsection, "eligible county" means any
|
county that, according to motor vehicle statistics reported to
|
the state highway and transportation department during the
|
years 1985 and 1986, convicted more than twenty-five persons
|
for each one thousand licensed drivers of driving while
|
intoxicated offenses.
|
H.] G. On and after July 1, 1989, dispensers,
|
0010| canopy licensees that were replaced by dispenser's licensees
|
0011| pursuant to Section 60-6B-16 NMSA 1978, restaurant licensees,
|
0012| club licensees and governmental licensees or lessees of these
|
0013| licensees may sell, serve or allow the consumption of beer and
|
0014| wine with meals on licensed premises from noon until 10:00
|
0015| p.m. on Christmas day, except in a local option district in
|
0016| which, pursuant to petition and election under this
|
0017| subsection, a majority of the voters voting on the question
|
0018| votes against continuing such sales or consumption on
|
0019| Christmas day. An election shall be held on the question of
|
0020| whether to continue to allow the sale, service or consumption
|
0021| of beer and wine with meals on licensed premises from noon
|
0022| until 10:00 p.m. on Christmas day in a local option district,
|
0023| if a petition requesting the governing body of that district
|
0024| to call the election is signed by at least ten percent of the
|
0025| registered voters of the district and is filed with the clerk
|
- 8 -
0001| of the governing body of the district. Upon verification by
|
0002| the clerk that the petition contains the required number of
|
0003| signatures of registered voters, the governing body shall
|
0004| adopt a resolution calling an election on the question of
|
0005| allowing the sale, service or consumption of beer and wine
|
0006| with meals on licensed premises from noon until 10:00 p.m. on
|
0007| Christmas day. The election shall be held within sixty days
|
0008| after the date the petition is verified, or it may be held in
|
0009| conjunction with a regular election of the governing body if
|
0010| that election occurs within sixty days of such verification.
|
0011| The election shall be called, conducted, counted and canvassed
|
0012| in substantially the same manner as provided for general
|
0013| elections in the county under the Election Code or for special
|
0014| municipal elections in a municipality under the Municipal
|
0015| Election Code. If a majority of the voters voting on the
|
0016| question votes against continuing the sale, service or
|
0017| consumption of beer and wine with meals on licensed premises
|
0018| from noon until 10:00 p.m. on Christmas day, then such sales
|
0019| and consumption shall be prohibited. If a majority of the
|
0020| voters voting on the question votes to allow continued sale,
|
0021| service and consumption of beer and wine with meals on
|
0022| licensed premises from noon until 10:00 p.m. on Christmas day,
|
0023| then such sales and consumption shall be allowed to continue.
|
0024| The question then shall not be submitted again to the voters
|
0025| within two years of the date of the last election on the
|
- 9 -
0001| question.
|
0002| [I.] H. Notwithstanding the provisions of
|
0003| Subsection F of this section, any Indian tribe or pueblo whose
|
0004| lands are wholly situated within the state that has, by
|
0005| statute, ordinance or resolution, elected to permit the sale,
|
0006| possession or consumption of alcoholic beverages on lands
|
0007| within the territorial boundaries of the tribe or pueblo may,
|
0008| by statute, ordinance or resolution of the governing body of
|
0009| the Indian tribe or pueblo, permit Sunday sales by the drink
|
0010| on the licensed premises of licensees on lands within the
|
0011| territorial boundaries of the tribe or pueblo; provided that a
|
0012| certified copy of such enactment is filed with the office of
|
0013| the director and of the secretary of state.
|
0014| [J.] I. Subject to the provisions of
|
0015| Subsection [K] J of this section, a dispenser or retailer,
|
0016| upon payment of an additional fee of one hundred dollars
|
0017| ($100), may obtain a permit to sell alcoholic beverages in
|
0018| unbroken packages for consumption off the licensed premises on
|
0019| Sundays from 12:00 noon until midnight, and in those years
|
0020| when December 31 falls on a Sunday, from 12:00 noon on
|
0021| December 31 until 2:00 a.m. of the following day. The permit
|
0022| shall expire on June 30 of each year and may be renewed from
|
0023| year to year upon application for renewal and payment of the
|
0024| required fee. The permit fee shall not be prorated. Sales
|
0025| made pursuant to the provisions of this subsection shall be
|
- 10 -
0001| called "Sunday package sales".
|
0002| [K.] J. If a petition requesting the governing
|
0003| body of a local option district to call an election on the
|
0004| question of continuing to allow sales of alcoholic beverages
|
0005| in unbroken packages for consumption off the licensed premises
|
0006| on Sundays is filed with the clerk of the governing body and
|
0007| that petition is signed by at least ten percent of the number
|
0008| of registered voters of the local option district and the
|
0009| clerk of the governing body verifies the petition signatures,
|
0010| the governing body shall adopt a resolution calling an
|
0011| election on the question. The election shall be held within
|
0012| sixty days of the date the petition is verified, or it may be
|
0013| held in conjunction with a regular election of the governing
|
0014| body, if the regular election occurs within sixty days of the
|
0015| petition verification. The election shall be called,
|
0016| conducted, counted and canvassed substantially in the manner
|
0017| provided by law for general elections within a county or
|
0018| special municipal elections within a municipality. If a
|
0019| majority of the voters of the local option district voting in
|
0020| the election votes to allow the sale of alcoholic beverages in
|
0021| unbroken packages for consumption off the licensed premises,
|
0022| then those sales shall continue to be allowed. If a majority
|
0023| of the voters of the local option district voting in the
|
0024| election votes not to allow the Sunday package sales, then
|
0025| those Sunday package sales shall be prohibited commencing
|
- 11 -
0001| the first Sunday after the results of the election are
|
0002| certified. Following the election, the question of allowing
|
0003| the Sunday package sales shall not be submitted again to the
|
0004| voters within two years of the date of the last election on
|
0005| the question."
|
0006| Section 3. Section 60-7A-22 NMSA 1978 (being Laws 1981,
|
0007| Chapter 39, Section 108, as amended) is amended to read:
|
0008| "60-7A-22. DRINKING IN PUBLIC ESTABLISHMENTS--SELLING OR
|
0009| SERVING ALCOHOLIC BEVERAGES OTHER THAN IN LICENSED
|
0010| ESTABLISHMENTS--SELLING OR DELIVERING ALCOHOLIC BEVERAGES
|
0011| FROM A DRIVE-UP WINDOW.--
|
0012| A. It is a violation of the Liquor Control Act for
|
0013| any person to consume alcoholic beverages in any public
|
0014| establishment unless the establishment is licensed to sell and
|
0015| serve alcoholic beverages.
|
0016| B. It is a violation of the Liquor Control Act for
|
0017| any person not a licensee to sell, serve or permit the
|
0018| consumption of alcoholic beverages in his public establishment
|
0019| or private club.
|
0020| C. [On or after the effective date of the Liquor
|
Control Act, no new drive-up windows used for the sale of
|
alcoholic beverages shall be permitted by the director;
|
provided, however, licensed premises that include drive-up
|
windows may be relocated and include a drive-up window if the
|
lease on the current licensed premises expires] It is a
|
- 12 -
0001| violation of the Liquor Control Act for any licensee to sell
|
0002| or deliver alcoholic beverages from a drive-up window."
|
0003|
|