HOUSE BILL 818

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Al Park

 

 

 

 

 

AN ACT

RELATING TO LIQUOR RETAILERS; REQUIRING THAT A LIQUOR RETAILER CARRY A MINIMUM OF ONE MILLION DOLLARS ($1,000,000) IN LIABILITY INSURANCE.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 60-6A-2 NMSA 1978 (being Laws 1981, Chapter 39, Section 19) is amended to read:

     "60-6A-2. RETAILER'S LICENSE.--

          A. In any local option district, a person qualified under the provisions of the Liquor Control Act may apply for and be issued a retailer's license for the retail sale of alcoholic beverages.

          B. A retailer's license, when issued, shall only be used by the person to whom the license is issued and shall only be used within the licensed premises, pursuant to provisions of the Liquor Control Act.

          C. A retailer's license shall not be issued or renewed unless the person applying for or renewing the retailer's license shows evidence that the person carries a minimum of one million dollars ($1,000,000) in liability insurance.

          D. Upon a showing by its records or other sufficient evidence that the person does not carry the required minimum of one million dollars ($1,000,000) in liability insurance, the regulation and licensing department shall suspend the person's retailer's license.

          E. For the purposes of this section, "liability insurance" means insurance against legal liability for the death, injury or disability of any human being, or for damage to property; and provision of medical, hospital, surgical or disability benefits to injured persons and funeral and death benefits to dependents, beneficiaries of or personal representatives of persons killed, irrespective of legal liability of the insured, when issued as an incidental coverage with or supplemental to liability insurance. "Liability insurance" does not include insurance of vehicles as defined as "vehicle" insurance pursuant to Chapter 59A, Article 7 NMSA 1978."

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