0001|                            SENATE BILL 71
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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|                           Patrick H. Lyons
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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; PROVIDING FOR CERTAIN
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0012|     LICENSE TRANSFERS; AMENDING THE LIQUOR CONTROL ACT; DECLARING
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0013|     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 60-6B-12 NMSA 1978 (being Laws 1981,
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0017|     Chapter 39, Section 113, as amended) is amended to read:
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0018|          "60-6B-12.  INTER-LOCAL OPTION DISTRICT TRANSFERS.--
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0019|               A.  All dispenser's and retailer's licenses
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0020|     originally issued before July 1, 1981, except rural
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0021|     dispenser's and rural retailer's licenses and canopy licenses
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0022|     that were replaced by dispenser's licenses pursuant to Section
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0023|     60-6B-16 NMSA 1978, may be transferred to any location within
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0024|     the state, except class B counties having a population of
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0025|     between fifty-six thousand and fifty-seven thousand according
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<center>- 1 -</center>

0001|     to the 1980 federal decennial census, the municipalities
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0002|     located within those class B counties and any municipality or
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0003|     county that prohibits by election the transfer of a license
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0004|     from another local option district, without regard to the
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0005|     limitations on the maximum number of licenses provided in
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0006|     Section 60-6A-18 NMSA 1978, not otherwise contrary to law
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0007|     subject to the approval of transferring locations of such
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0008|     liquor licenses of the governing body for that location and
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0009|     provided all the requirements of the Liquor Control Act and
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0010|     department regulations for the transfer of licenses are
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0011|     fulfilled and provided further:
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0012|                    (1)  the transfer of location <u>except in any
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<u></u>0013| <u>    local option district within a class B county having an
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<u></u>0014| <u>    assessed valuation of less than three hundred million dollars
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<u></u>0015| <u>    ($300,000,000), a class C county or a first class county</u>,
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0016|     does not lower the number of dispenser's and retailer's
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0017|     licenses below that number allowed by law in the local option
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0018|     district from which a license will be transferred.  <u>In any
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<u></u>0019| <u>    local option district within class B county having an assessed
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<u></u>0020| <u>    valuation of less than three hundred million dollars
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<u></u>0021| <u>    ($300,000,000), a class C county or a first class county, a
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<u></u>0022| <u>    transfer of location may lower the number of dispenser's and
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<u></u>0023| <u>    retailer's licenses below that number allowed by law in the
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<u></u>0024| <u>    local option district from which a license will be
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<u></u>0025| <u>    transferred</u>;
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<center>- 2 -</center>

0001|                    (2)  beginning in calendar year 1997, no more
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0002|     than ten dispenser's or retailer's licenses shall be
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0003|     transferred to any local option district in any calendar year;
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0004|                    (3)  the dispenser's or retailer's licenses
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0005|     transferred under this section shall count in the computation
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0006|     of the limitation of the maximum number of licenses that may
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0007|     be issued in the future in any local option district as
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0008|     provided in Section 60-6A-18 NMSA 1978 for the purpose of
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0009|     determining whether additional licenses may be issued in the
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0010|     local option district under the provisions of Subsection E of
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0011|     Section 60-6B-2 NMSA 1978; and
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0012|                    (4)  the dispenser's or retailer's licenses
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0013|     shall be operated or leased by the person who transfers the
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0014|     license to the local option district for at least a period of
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0015|     one year from the date of the approval of the transfer by the
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0016|     department. 
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0017|               B.  Transfers of location of each liquor license
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0018|     pursuant to Subsection A of this section shall become
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0019|     effective upon approval of the local governing body, unless
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0020|     within one hundred twenty days after the effective date of the
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0021|     Liquor Control Act a petition requesting an election on the
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0022|     question of approval of statewide transfers of liquor licenses
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0023|     into that local option district is filed with the clerk of the
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0024|     local option district and the petition is signed by at least
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0025|     five percent of the number of registered voters of the
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<center>- 3 -</center>

0001|     district.  The clerk of the district shall verify the petition
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0002|     signatures.  If the petition is verified as containing the
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0003|     required number of signatures of registered voters, the
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0004|     governing body shall adopt a resolution calling an election on
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0005|     the question of approving or disapproving statewide transfers
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0006|     of liquor licenses into that district.  Notice of such
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0007|     election shall be published as provided in Section 3-8-35 NMSA
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0008|     1978, and the election shall be held within sixty days after
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0009|     the date the petition is verified or it may be held in
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0010|     conjunction with a regular election of the governing body if
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0011|     such election occurs within sixty days after the date of
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0012|     verification.  If a majority of the registered voters of the
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0013|     district voting in such election votes to approve statewide
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0014|     transfers of liquor licenses into the local option district,
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0015|     each license proposing to be transferred shall be subject to
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0016|     the approval of the governing body.  If the voters of the
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0017|     district voting in the election vote against the approval,
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0018|     then all statewide transfers of liquor licenses pursuant to
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0019|     Subsection A of this section shall be prohibited in that
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0020|     district, unless a petition is filed requesting the question
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0021|     be again submitted to the voters as provided in this
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0022|     subsection.  The question of approving or disapproving
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0023|     statewide transfers of liquor licenses into the local option
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0024|     district shall not be submitted again within two years from
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0025|     the date of the last election on the question.
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<center>- 4 -</center>

0001|               C.  Any dispenser's license transferred pursuant to
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0002|     this section outside its local option district shall only
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0003|     entitle the licensee to sell, serve or permit the consumption
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0004|     of alcoholic beverages by the drink on the licensed premises.
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0005|               D.  Rural dispenser's, rural retailer's and rural
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0006|     club licenses issued under any former act may be transferred
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0007|     to any location, subject to the restrictions as to location
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0008|     contained in the Liquor Control Act, within the unincorporated
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0009|     area of the county in which they are currently located;
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0010|     provided they shall not be transferred to any location within
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0011|     ten miles of another licensed premises; and provided further
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0012|     that all requirements of the Liquor Control Act and department
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0013|     regulations for the transfer of licenses are fulfilled."
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0014|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0015|     provisions of this act is July 1, 1998.
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0016|          Section 3.  EMERGENCY.--It is necessary for the public
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0017|     peace, health and safety that this act take effect
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0018|     immediately.
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0019|                              
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