HOUSE BILL 825
49th legislature - STATE OF NEW MEXICO - first session, 2009
INTRODUCED BY
Jimmie C. Hall
AN ACT
RELATING TO ALCOHOLIC BEVERAGES; PROVIDING NEW DOCUMENT REQUIREMENTS FOR PROVING AGE AND IDENTITY; REQUIRING ACCESS OF ANY ELECTRONICALLY READABLE INFORMATION; PROHIBITING THE RETENTION OR MARKETING OF INFORMATION ACCESSED; PROVIDING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 60-7B-2 NMSA 1978 (being Laws 1981, Chapter 39, Section 82, as amended) is amended to read:
"60-7B-2. DOCUMENTARY EVIDENCE OF AGE AND IDENTITY.--Evidence of the age and identity of [the] a person may be shown by any document [which] that contains the person's name, date of birth and a picture of the person issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle operator's license or an identification card issued to a member of the armed forces. If that document does not contain electronically readable information, evidence of the identity of the person shall be verified by a second document that contains the person's name and a picture of the person issued by a federal, state, county or municipal government or a subdivision or agency of a governmental entity."
Section 2. Section 60-7B-5 NMSA 1978 (being Laws 1981, Chapter 39, Section 85, as amended) is amended to read:
"60-7B-5. [REFUSAL TO SELL OR SERVE] VERIFYING AGE OF PERSON BEING SOLD OR SERVED ALCOHOLIC BEVERAGES--[TO PERSON UNABLE TO PRODUCE IDENTITY CARD] RETAINING OR MARKETING INFORMATION PROHIBITED--PENALTY.--[Any]
A. A person licensed pursuant to the provisions of the Liquor Control Act or any employee, agent or lessee of that person shall [refuse to] not sell or serve alcoholic beverages to [any] a person [who is unable to produce an identity card as evidence that he is twenty-one years of age or over] without first verifying that the person is twenty-one years of age or over by requiring the presentation of documentary evidence of age and identity and accessing any electronically readable information on the documentary evidence.
B. A person who retains or markets information that is electronically accessed from documentary evidence pursuant to Subsection A of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
Section 3. Section 60-7B-6 NMSA 1978 (being Laws 1981, Chapter 39, Section 86, as amended) is amended to read:
"60-7B-6. DEMANDING AND SEEING DOCUMENTARY EVIDENCE OF AGE AND IDENTITY [CARD] AND ACCESSING ELECTRONICALLY READABLE INFORMATION BEFORE FURNISHING ALCOHOLIC BEVERAGES.--In any criminal prosecution or in any proceedings for the suspension or revocation of a license or in any proceeding for violation of a municipal or county ordinance prohibiting the gift, sale or service of alcoholic beverages to minors, proof that the accused licensee in good faith demanded and was shown [an] documentary evidence of age and identity [card] and accessed any electronically readable information on the documentary evidence before furnishing any alcoholic beverages to a minor shall be a defense to the prosecution or proceedings."
Section 4. Section 60-7B-13 NMSA 1978 (being Laws 1993, Chapter 68, Section 27) is amended to read:
"60-7B-13. STOCKING ALCOHOLIC BEVERAGES IN WET BARS IN HOTEL GUEST ROOMS PROHIBITED--ROOM SERVICE.--
A. It is a violation of the Liquor Control Act for the proprietor or manager of a hotel to stock alcoholic beverages in a wet bar located in [any] a guest room or sleeping room in the hotel unless the alcoholic beverages are contained in a locked compartment, the key to which may be made available to a guest after [he] the guest has produced documentary evidence of [his] age and identity [by any document that contains a picture of the guest issued by a federal, state, county or municipal government, or subdivision or agency thereof, including but not limited to a motor vehicle driver's license or an identification card issued to a member of the armed forces] and an employee of the hotel has accessed any electronically readable information on the documentary evidence.
B. Nothing in this section shall be construed to prevent:
(1) the consumption of alcoholic beverages by [any] a person in a hotel guest room or sleeping room; or
(2) the sale or delivery of alcoholic beverages through room service to persons in hotel guest rooms or sleeping rooms; provided [any] that an employee of a hotel proprietor or manager delivering alcoholic beverages to a sleeping room [may] shall require that [an identity card showing proof] documentary evidence of age and identity be shown and shall access any electronically readable information on the documentary evidence to assure that alcoholic beverages are not sold, delivered or served to a minor in violation of the Liquor Control Act.
C. As used in this section, "wet bar" means a refrigerator, ice chest, cabinet, cupboard, pantry or similar container or storage area that is customarily used to store alcoholic or nonalcoholic beverages for consumption.
D. A person who retains or markets information that is electronically accessed from documentary evidence pursuant to Subsection A or B of this section is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978."
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