0001| SENATE BILL 108
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| GLORIA HOWES
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0006|
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0007|
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0008| FOR THE DWI OVERSIGHT TASK FORCE
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO ALCOHOL; AUTHORIZING LOCAL OPTION ELECTIONS
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0013| REGARDING THE SALE OF ALCOHOLIC BEVERAGES FROM DRIVE-UP WINDOWS;
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0014| AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 47, as amended) is amended to read:
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0019| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--DRIVE-UP WINDOW SALES--CHRISTMAS DAY SALES--SUNDAY SALES FOR
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0020| CONSUMPTION OFF THE 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 Subsections
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0006| C and F of this section; provided, however, nothing in this
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0007| section shall prohibit the consumption at any time of alcoholic
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0008| beverages in guest rooms of hotels.
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0009| B. Alcoholic beverages shall be sold by a dispenser
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0010| or a retailer in unbroken packages, for consumption off the
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0011| licensed premises and not for resale, on Mondays through
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0012| Saturdays from 7:00 a.m. until 12:00 a.m. on the following day
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0013| except as provided in Subsections D, E and H of this section.
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0014| C. Subject to the provisions of Subsections F and I
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0015| of this section, a dispenser, restaurant licensee or club may,
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0016| upon payment of an additional fee of one hundred dollars ($100),
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0017| obtain a permit to sell, serve or permit the consumption of
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0018| alcoholic beverages by the drink on the licensed premises on
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0019| Sundays from [12:00] noon until midnight and in those years
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0020| when December 31 falls on a Sunday from [12:00] noon until
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0021| 2:00 a.m. of the following day, except as otherwise provided in
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0022| Subsection F of this section. The permit shall expire on June
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0023| 30 of each year and may be renewed from year to year upon
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0024| application for renewal and payment of the required fee. The
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0025| permit fee shall not be prorated. Sales made pursuant to this
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0001| subsection or Subsection I of this section shall be called
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0002| "Sunday sales".
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0003| D. Retailers, dispensers, canopy licensees,
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0004| restaurant licensees, club licensees and governmental licensees
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0005| or its lessees shall not sell, serve, deliver or allow the
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0006| consumption of alcoholic beverages on the licensed premises
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0007| during voting hours on the days of the primary election, general
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0008| election, elections for officers of a municipality or any other
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0009| election as prescribed by the rules and regulations of the
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0010| director.
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0011| E. Retailers, dispensers, canopy licensees that were
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0012| replaced by dispenser's licensees pursuant to Section 60-6B-16
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0013| NMSA 1978, restaurant licensees, club licensees and governmental
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0014| licensees or its lessees shall not sell, serve, deliver or allow
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0015| the consumption of alcoholic beverages on the licensed premises
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0016| from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after
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0017| Christmas, except as permitted pursuant to Subsection H of this
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0018| section.
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0019| F. At the 1984 general election, the secretary of
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0020| state shall order placed on the ballot in each local option
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0021| district the question "Shall Sunday sales of alcoholic beverages
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0022| by the drink for consumption on the licensed premises of
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0023| licensees be allowed in this local option district?". If the
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0024| secretary of state determines a need, he may authorize the use
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0025| of paper ballots for the purpose of the election provided for
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0001| pursuant to this subsection. Until such election, Sunday sales
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0002| shall be permitted on the same basis in any local option
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0003| district as provided under any former act, and the election held
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0004| at the first general election following the effective date of
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0005| the Liquor Control Act shall have no effect on whether Sunday
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0006| sales are permitted in any local option district. If the
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0007| question is disapproved by a majority of those voting upon the
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0008| question in the local option district, Sunday sales shall be
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0009| unlawful in that local option district upon certification of the
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0010| election returns, and the question shall not again be placed on
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0011| the ballot in that local option district until:
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0012| (1) at least one year has passed; and
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0013| (2) a petition is filed with the local
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0014| governing body bearing the signatures of registered qualified
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0015| electors of the local option district equal in number to ten
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0016| percent of the number of votes cast and counted in the local
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0017| option district for governor in the last preceding general
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0018| election in which a governor was elected. The signatures on the
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0019| petition shall be verified by the clerk of the county in which
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0020| the local option district is situated.
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0021| G. The local governing body of a local option
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0022| district [in an eligible county shall] may:
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0023| (1) adopt a resolution within [sixty]
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0024| ninety days of [April 7, 1989] July 1, 1996 calling for an
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0025| election to place on the ballot the question "Shall a retailer
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0001| or dispenser be allowed to sell or deliver alcoholic beverages
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0002| at any time from a drive-up window?";
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0003| (2) arrange for the election to be held within
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0004| sixty days after the date the resolution is adopted; and
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0005| (3) ensure that the election is called,
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0006| conducted, counted and canvassed in the manner provided by law
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0007| for elections within the county.
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0008| [As used in this subsection, "eligible county" means any
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county that, according to motor vehicle statistics reported to
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the state highway and transportation department during the years
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1985 and 1986, convicted more than twenty-five persons for each
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one thousand licensed drivers of driving while intoxicated
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offenses.]
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H. On and after July 1, 1989, dispensers, canopy
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licensees that were replaced by dispenser's licensees pursuant
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to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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licensees and governmental licensees or lessees of these
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licensees may sell, serve or allow the consumption of beer and
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wine with meals on licensed premises from noon until 10:00 p.m.
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on Christmas day, except in a local option district in which,
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pursuant to petition and election under this subsection, a
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majority of the voters voting on the question votes against
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continuing such sales or consumption on Christmas day. An
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election shall be held on the question of whether to continue to
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allow the sale, service or consumption of beer and wine with
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meals on licensed premises from noon until 10:00 p.m. on
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Christmas day in a local option district, if a petition
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requesting the governing body of that district to call the
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election is signed by at least ten percent of the registered
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voters of the district and is filed with the clerk of the
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governing body of the district. Upon verification by the clerk
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that the petition contains the required number of signatures of
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registered voters, the governing body shall adopt a resolution
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calling an election on the question of allowing the sale,
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service or consumption of beer and wine with meals on licensed
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premises from noon until 10:00 p.m. on Christmas day. The
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election shall be held within sixty days after the date the
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petition is verified, or it may be held in conjunction with a
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regular election of the governing body if that election occurs
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within sixty days of such verification. The election shall be
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called, conducted, counted and canvassed in substantially the
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same manner as provided for general elections in the county
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under the Election Code or for special municipal elections in a
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municipality under the Municipal Election Code. If a majority
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of the voters voting on the question votes against continuing
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the sale, service or consumption of beer and wine with meals on
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licensed premises from noon until 10:00 p.m. on Christmas day,
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then such sales and consumption shall be prohibited. If a
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majority of the voters voting on the question votes to allow
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continued sale, service and consumption of beer and wine with
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meals on licensed premises from noon until 10:00 p.m. on
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Christmas day, then such sales and consumption shall be allowed
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to continue. The question then shall not be submitted again to
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the voters within two years of the date of the last election on
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the question.
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I. Notwithstanding the provisions of Subsection F of
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this section, any Indian tribe or pueblo whose lands are wholly
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situated within the state that has, by statute, ordinance or
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resolution, elected to permit the sale, possession or
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consumption of alcoholic beverages on lands within the
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territorial boundaries of the tribe or pueblo may, by statute,
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ordinance or resolution of the governing body of the Indian
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tribe or pueblo, permit Sunday sales by the drink on the
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licensed premises of licensees on lands within the territorial
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boundaries of the tribe or pueblo; provided that a certified
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copy of such enactment is filed with the office of the director
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and of the secretary of state.
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J. Subject to the provisions of Subsection K of this
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section, a dispenser or retailer, upon payment of an additional
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fee of one hundred dollars ($100), may obtain a permit to sell
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alcoholic beverages in unbroken packages for consumption off the
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licensed premises on Sundays from [12:00] noon until midnight
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0023| and, in those years when December 31 falls on a Sunday, from
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0024| [12:00] noon on December 31 until 2:00 a.m. of the following
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0025| day. The permit shall expire on June 30 of each year and may be
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0001| renewed from year to year upon application for renewal and
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0002| payment of the required fee. The permit fee shall not be
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0003| prorated. Sales made pursuant to the provisions of this
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0004| subsection shall be called "Sunday package sales".
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0005| K. If a petition requesting the governing body of a
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0006| local option district to call an election on the question of
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0007| continuing to allow sales of alcoholic beverages in unbroken
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0008| packages for consumption off the licensed premises on Sundays is
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0009| filed with the clerk of the governing body and that petition is
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0010| signed by at least ten percent of the number of registered
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0011| voters of the local option district and the clerk of the
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0012| governing body verifies the petition signatures, the governing
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0013| body shall adopt a resolution calling an election on the
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0014| question. The election shall be held within sixty days of the
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0015| date the petition is verified, or it may be held in conjunction
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0016| with a regular election of the governing body, if the regular
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0017| election occurs within sixty days of the petition verification.
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0018| The election shall be called, conducted, counted and canvassed
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0019| substantially in the manner provided by law for general
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0020| elections within a county or special municipal elections within
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0021| a municipality. If a majority of the voters of the local option
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0022| district voting in the election votes to allow the sale of
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0023| alcoholic beverages in unbroken packages for consumption off the
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0024| licensed premises, then those sales shall continue to be
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0025| allowed. If a majority of the voters of the local option
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0001| district voting in the election votes not to allow the Sunday
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0002| package sales, then those Sunday package sales shall be
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0003| prohibited commencing the first Sunday after the results of the
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0004| election are certified. Following the election, the question of
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0005| allowing the Sunday package sales shall not be submitted again
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0006| to the voters within two years of the date of the last election
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0007| on the question."
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0008| Section 2. EFFECTIVE DATE.--The effective date of the
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0009| provisions of this act is July 1, 1996.
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0010| - 9 -
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0011|
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0012|
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0013|
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0014|
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0015|
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0016| FORTY-SECOND LEGISLATURE
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0017| SECOND SESSION, 1996
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0018|
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0019|
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0020| JANUARY
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0021| 23, 1996
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0022|
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0023| Mr. President:
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0024|
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0025| Your COMMITTEE'S COMMITTEE, to whom has been referred
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0001|
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0002| SENATE BILL 108
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0003|
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0004| has had it under consideration and finds same to be GERMANE,
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0005| PURSUANT TO CONSTITUTIONAL PROVISIONS, and thence referred to the
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0006| PUBLIC AFFAIRS COMMITTEE.
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0007|
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0008| Respectfully submitted,
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0009|
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0010|
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0011|
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0012|
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0013| __________________________________
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0014| SENATOR MANNY M. ARAGON,
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0015| Chairman
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0016|
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0017|
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0018|
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0019| Adopted_______________________ Not Adopted_______________________
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0020| (Chief Clerk) (Chief Clerk)
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0021|
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0022|
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0023| Date ________________________
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0024|
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0025|
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0001|
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0002| S0108CC1
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0003|
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0004|
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0005| FORTY-SECOND LEGISLATURE
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0006| SECOND SESSION, 1996
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0007|
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0008|
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0009| February 2, 1996
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0010|
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0011| Mr. President:
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0012|
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0013| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0014|
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0015| SENATE BILL 108
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0016|
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0017| has had it under consideration and reports same with recommendation that
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0018| it DO PASS.
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0019|
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0020| Respectfully submitted,
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0021|
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0022|
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0023|
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0024| __________________________________
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0025| Shannon Robinson, Chairman
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0001|
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0002|
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0003|
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0004| Adopted_______________________ Not Adopted_______________________
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0005| (Chief Clerk) (Chief Clerk)
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0006|
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0007|
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0008| Date ________________________
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0009|
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0010|
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0011| The roll call vote was 4 For 2 Against
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0012| Yes: 4
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0013| No: Garcia, Smith
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0014| Excused: Naranjo, E. Jennings
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0015| Absent: None
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0016|
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0017|
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0018| S0108PA1
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0019|
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0020| FORTY-SECOND LEGISLATURE
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0021| SECOND SESSION
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0022|
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0023|
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0024| February 5, 1996
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0025|
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0001|
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0002| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 108
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0003|
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0004| Amendment sponsored by Senator Shannon Robinson Paster
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0005|
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0006|
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0007| 1. On page 4, line 25, strike "at any time".
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0008|
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0009| 2. On page 5, line 12, after the closing bracket insert "The
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0010| provisions of this 1996 act shall not be interpreted to invalidate the
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0011| results of any previous elections called, conducted, counted and
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0012| canvassed pursuant to the provisions of this subsection."
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0013|
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0014|
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| __________________________
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0021| Shannon Robinson
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0022|
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0023|
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0024|
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0025| Adopted ___________________ Not Adopted _____________________
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0001| (Chief Clerk) (Chief Clerk)
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0002|
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0003|
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0004| Date _________________
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0005| FORTY-SECOND LEGISLATURE
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0006| SECOND SESSION
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0007|
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0008|
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0009| February 5, 1996
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0010|
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0011|
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0012| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 108
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0013|
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0014| Amendment sponsored by Senator Gloria Howes
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0015|
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0016|
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0017| 1. On page 5, lines 2 and 3, strike "within sixty days after the
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0018| date the resolution is adopted" and insert in lieu thereof "in
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0019| conjunction with the next regular election of the local governing body
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0020| or the next statewide general election following adoption of the
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0021| resolution".
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0022|
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0023|
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0024|
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0025|
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0001| __________________________
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0002| Gloria Howes
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0003|
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0004|
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0005|
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0006| Adopted ___________________ Not Adopted _____________________
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0007| (Chief Clerk) (Chief Clerk)
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0008|
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0009|
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0010| Date _________________
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0011| FORTY-SECOND LEGISLATURE
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0012| SECOND SESSION
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0013|
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0014|
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0015| February 6, 1996
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0016|
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0017|
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0018| SENATE FLOOR AMENDMENT number _______ to SENATE BILL 108
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0019|
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0020| Amendment sponsored by Senator Dianna J. Duran
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0021|
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0022|
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0023| 1. On page 6, line 16, strike "general".
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0024|
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0025| 2. On page 8, line 18, strike "general".
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| __________________________
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0007| Dianna J. Duran
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0008|
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0009|
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0010|
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0011| Adopted ___________________ Not Adopted _____________________
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0012| (Chief Clerk) (Chief Clerk)
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0013|
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0014|
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0015| Date _________________
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0016| FORTY-SECOND LEGISLATURE
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0017| SECOND SESSION, 1996
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0018|
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0019| December 17, 1997
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0020|
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0021| SENATE FLOOR AMENDMENT number to SENATE BILL 108, AS AMENDED
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0022|
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0023| AMENDMENT sponsored by SENATOR DUNCAN SCOTT
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0024|
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0025| 1. On page 4, lines 22 and 23, delete: "within ninety days of
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0001| July 1, 1996".
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0002|
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0003| 2. On page 5, line 3, delete the word "and".
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0004|
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0005| 3. On page 5, line 6, delete the period and insert: "; and".
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0006|
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0007| 4. On page 5, line 7, add a new paragraph to read:
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0008|
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0009| "(4) following the election, the question of
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0010| whether or not to prohibit the sale or delivery of alcoholic
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0011| beverages from a drive-up window shall not be submitted again
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0012| to the voters within two years of the date of the last
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0013| election on the question.".
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0014|
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0015|
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0016|
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0017|
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0018| Senator Duncan Scott
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0019|
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0020|
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0021|
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0022| Adopted Not Adopted
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0023|
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0024| (Chief Clerk) (Chief Clerk)
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0025|
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0001|
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0002| Date
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0003| S0108FS4 FORTY-SECOND LEGISLATURE
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0004| SECOND SESSION, 1996
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0005|
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0006|
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0007|
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0008| December 17, 1997
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0009|
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0010|
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0011| SENATE FLOOR AMENDMENT number to SENATE BILL 108, AS AMENDED
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0012|
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0013| AMENDMENT sponsored by SENATOR DON KIDD
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0014|
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0015| 1. On page 1, line 11, after the semicolon, add: "AUTHORIZING
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0016| IMPOUNDMENT OF CARS FOR MINORS;".
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0017|
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0018| 2. On page 5, line 7, add a new section to read:
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0019|
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0020| "(4) adopt a resolution calling for an election
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0021| to place on the ballot the question: "shall law enforcement
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0022| have the authority to impound a car for up to thirty days when
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0023| a minor is found in the car to be in possession of alcoholic
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0024| beverages?"".
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0025|
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0001|
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0002|
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0003|
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0004|
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0005| Senator Don Kidd
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0006|
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013|
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0014| Date
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0015| S0108FS5 SENATE FLOOR SUBSTITUTE FOR
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0016| SENATE BILL 108
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0017| 42nd legislature - STATE OF NEW MEXICO - second session, 1996
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0018|
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0019|
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0020|
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0021|
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0022|
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0023|
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0024|
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0025| AN ACT
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0001| RELATING TO ALCOHOL; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES
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0002| FROM A DRIVE-UP WINDOW; AMENDING SECTIONS OF THE LIQUOR CONTROL
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0003| ACT.
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0004|
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0005| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0006| Section 1. Section 60-6C-1 NMSA 1978 (being Laws 1981,
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0007| Chapter 39, Section 97, as amended) is amended to read:
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0008| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
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0009| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0010| A. The director may suspend or revoke the license or
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0011| permit or fine the licensee in an amount not more than ten
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0012| thousand dollars ($10,000), or both, when he finds that any
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0013| licensee has:
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0014| (1) violated any provision of the Liquor Control
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0015| Act or any regulation or order promulgated pursuant to that act;
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0016| (2) been convicted of a felony pursuant to the
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0017| provisions of the Criminal Code, the Liquor Control Act or
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0018| federal law; or
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0019| (3) permitted his licensed premises to remain a
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0020| public nuisance in the neighborhood where it is located after
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0021| written notice from the director that investigation by the
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0022| department has revealed that the establishment is a public
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0023| nuisance in the neighborhood.
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0024| B. The director shall suspend or revoke the license or
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0025| permit and may fine the licensee in an amount not to exceed ten
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0001| thousand dollars ($10,000), or both, when he finds that any
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0002| licensee or:
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0003| (1) his employee or agent knowingly has sold,
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0004| served or given any alcoholic beverage to a minor in violation
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0005| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0006| violation of Section 60-7A-16 NMSA 1978, on two separate
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0007| occasions within any twelve-month period; or
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0008| (2) his agent has made any material false
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0009| statement or concealed any material facts in his application for
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0010| the license or permit granted him pursuant to the provisions of
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0011| the Liquor Control Act.
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0012| [C. In addition to other penalties provided in this
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section, any retailer or dispenser who violates the provisions
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of Section 60-7A-16 or 60-7B-1 NMSA 1978 by selling, serving or
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delivering alcoholic beverages to an intoxicated person or a
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minor through a drive-up window at a minimum shall have:
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(1) upon a first violation of this subsection,
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the privilege to sell alcoholic beverages or any other goods
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from his drive-up window suspended by the director for a period of
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two weeks;
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(2) upon a second violation of this subsection, the
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privilege to sell alcoholic beverages or any other goods from his
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drive-up window suspended by the director for a period of thirty
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days;
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(3) upon a third violation of this subsection, the
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privilege to sell alcoholic beverages or any other goods from his
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drive-up window suspended by the director for a period of sixty
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days; and
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(4) upon a fourth violation of this subsection
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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
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other goods from his drive-up window revoked by the director and
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the drive-up window permanently closed.
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D.] C. Any licensee aggrieved by a revocation,
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0009| suspension or fine proposed to be imposed by the director pursuant
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0010| to this section shall be entitled to the hearing procedures set
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0011| forth in [Article 6C of Chapter 60 NMSA 1978] Chapter 60,
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0012| Article 6C NMSA 1978 before the revocation, suspension or fine
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0013| shall be effective.
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0014| [E.] D. Any charge filed against a licensee by the
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0015| department and the resulting disposition of the charge shall be
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0016| reported to the department of public safety and local law
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0017| enforcement agencies whose jurisdictions include the licensed
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0018| establishment."
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0019| Section 2. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0020| Chapter 39, Section 47, as amended) is amended to read:
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0021| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--CHRISTMAS
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0022| DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE LICENSED
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0023| PREMISES--ELECTIONS.--
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0024| A. Alcoholic beverages shall be sold, served and consumed
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0025| on licensed premises only during the following hours and days:
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0001| (1) on Mondays from 7:00 a.m. until midnight;
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0002| (2) on other weekdays from after midnight of the
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0003| previous day until 2:00 a.m., then from 7:00 a.m. until midnight,
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0004| except as provided in Subsections D, E and [H] G of this
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0005| section; and
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0006| (3) on Sundays only after midnight of the previous
|
0007| day until 2:00 a.m., except as provided in Subsections C and F of
|
0008| this section; provided, however, nothing in this section shall
|
0009| prohibit the consumption at any time of alcoholic beverages in
|
0010| guest rooms of hotels.
|
0011| B. Alcoholic beverages shall be sold by a dispenser or a
|
0012| retailer in unbroken packages, for consumption off the licensed
|
0013| premises and not for resale, on Mondays through Saturdays from 7:00
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0014| a.m. until 12:00 a.m. on the following day except as provided in
|
0015| Subsections D, E and [H] G of this section.
|
0016| C. Subject to the provisions of Subsections F and [I]
|
0017| H of this section, a dispenser, restaurant licensee or club may,
|
0018| upon payment of an additional fee of one hundred dollars ($100),
|
0019| obtain a permit to sell, serve or permit the consumption of
|
0020| alcoholic beverages by the drink on the licensed premises on
|
0021| Sundays from [12:00] noon until midnight and in those years when
|
0022| December 31 falls on a Sunday from [12:00] noon until 2:00 a.m.
|
0023| of the following day, except as otherwise provided in Subsection F
|
0024| of this section. The permit shall expire on June 30 of each year
|
0025| and may be renewed from year to year upon application for renewal
|
0001| and payment of the required fee. The permit fee shall not be
|
0002| prorated. Sales made pursuant to this subsection or Subsection
|
0003| [I] H of this section shall be called "Sunday sales".
|
0004| D. Retailers, dispensers, canopy licensees, restaurant
|
0005| licensees, club licensees and governmental licensees or its lessees
|
0006| shall not sell, serve, deliver or allow the consumption of
|
0007| alcoholic beverages on the licensed premises during voting hours on
|
0008| the days of the primary election, general election, elections for
|
0009| officers of a municipality or any other election as prescribed by
|
0010| the rules and regulations of the director.
|
0011| E. Retailers, dispensers, canopy licensees that were
|
0012| replaced by dispenser's licensees pursuant to Section 60-6B-16 NMSA
|
0013| 1978, restaurant licensees, club licensees and governmental
|
0014| licensees or its lessees shall not sell, serve, deliver or allow
|
0015| the consumption of alcoholic beverages on the licensed premises
|
0016| from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after
|
0017| Christmas, except as permitted pursuant to Subsection [H] G of
|
0018| this section.
|
0019| F. At the 1984 general election, the secretary of state
|
0020| shall order placed on the ballot in each local option district the
|
0021| question "Shall Sunday sales of alcoholic beverages by the drink
|
0022| for consumption on the licensed premises of licensees be allowed in
|
0023| this local option district?". If the secretary of state determines
|
0024| a need, he may authorize the use of paper ballots for the purpose
|
0025| of the election provided for pursuant to this subsection. Until
|
0001| [such] the election, Sunday sales shall be permitted on the
|
0002| same basis in any local option district as provided under any
|
0003| former act, and the election held at the first general election
|
0004| following the effective date of the Liquor Control Act shall have
|
0005| no effect on whether Sunday sales are permitted in any local option
|
0006| district. If the question is disapproved by a majority of those
|
0007| voting upon the question in the local option district, Sunday sales
|
0008| shall be unlawful in that local option district upon certification
|
0009| of the election returns, and the question shall not again be placed
|
0010| on the ballot in that local option district until:
|
0011| (1) at least one year has passed; and
|
0012| (2) a petition is filed with the local governing
|
0013| body bearing the signatures of registered qualified electors of the
|
0014| local option district equal in number to ten percent of the number
|
0015| of votes cast and counted in the local option district for governor
|
0016| in the last preceding general election in which a governor was
|
0017| elected. The signatures on the petition shall be verified by the
|
0018| clerk of the county in which the local option district is situated.
|
0019| [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, 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, canopy
|
0011| licensees that were replaced by dispenser's licensees pursuant to
|
0012| Section 60-6B-16 NMSA 1978, restaurant licensees, club licensees
|
0013| and governmental licensees or lessees of these licensees may sell,
|
0014| serve or allow the consumption of beer and wine with meals on
|
0015| licensed premises from noon until 10:00 p.m. on Christmas day,
|
0016| except in a local option district in which, pursuant to petition
|
0017| and election under this subsection, a majority of the voters voting
|
0018| on the question votes against continuing [such] the sales or
|
0019| consumption on Christmas day. An election shall be held on the
|
0020| question of whether to continue to allow the sale, service or
|
0021| consumption of beer and wine with meals on licensed premises from
|
0022| noon until 10:00 p.m. on Christmas day in a local option district,
|
0023| if a petition requesting the governing body of that district to
|
0024| call the election is signed by at least ten percent of the
|
0025| registered voters of the district and is filed with the clerk of
|
0001| the governing body of the district. Upon verification by the clerk
|
0002| that the petition contains the required number of signatures of
|
0003| registered voters, the governing body shall adopt a resolution
|
0004| calling an election on the question of allowing the sale, service
|
0005| or consumption of beer and wine with meals on licensed premises
|
0006| from noon until 10:00 p.m. on Christmas day. The election shall be
|
0007| held within sixty days after the date the petition is verified, or
|
0008| it may be held in conjunction with a regular election of the
|
0009| governing body if that election occurs within sixty days of
|
0010| [such] the verification. The election shall be called,
|
0011| conducted, counted and canvassed in substantially the same manner
|
0012| as provided for general elections in the county under the Election
|
0013| Code or for special municipal elections in a municipality under the
|
0014| Municipal Election Code. If a majority of the voters voting on the
|
0015| question votes against continuing the sale, service or consumption
|
0016| of beer and wine with meals on licensed premises from noon until
|
0017| 10:00 p.m. on Christmas day, then [such] the sales and
|
0018| consumption shall be prohibited. If a majority of the voters
|
0019| voting on the question votes to allow continued sale, service and
|
0020| consumption of beer and wine with meals on licensed premises from
|
0021| noon until 10:00 p.m. on Christmas day, then [such] the sales
|
0022| and consumption shall be allowed to continue. The question then
|
0023| shall not be submitted again to the voters within two years of the
|
0024| date of the last election on the question.
|
0025| [I.] H. Notwithstanding the provisions of Subsection
|
0001| F of this section, any Indian tribe or pueblo whose lands are
|
0002| wholly situated within the state that has, by statute, ordinance or
|
0003| resolution, elected to permit the sale, possession or consumption
|
0004| of alcoholic beverages on lands within the territorial boundaries
|
0005| of the tribe or pueblo may, by statute, ordinance or resolution of
|
0006| the governing body of the Indian tribe or pueblo, permit Sunday
|
0007| sales by the drink on the licensed premises of licensees on lands
|
0008| within the territorial boundaries of the tribe or pueblo; provided
|
0009| that a certified copy of [such] the enactment is filed with the
|
0010| office of the director and of the secretary of state.
|
0011| [J.] I. Subject to the provisions of Subsection
|
0012| [K] J of this section, a dispenser or retailer, upon payment of
|
0013| an additional fee of one hundred dollars ($100), may obtain a
|
0014| permit to sell alcoholic beverages in unbroken packages for
|
0015| consumption off the licensed premises on Sundays from [12:00]
|
0016| noon until midnight and, in those years when December 31 falls on a
|
0017| Sunday, from [12:00] noon on December 31 until 2:00 a.m. of the
|
0018| following day. The permit shall expire on June 30 of each year and
|
0019| may be renewed from year to year upon application for renewal and
|
0020| payment of the required fee. The permit fee shall not be prorated.
|
0021| Sales made pursuant to the provisions of this subsection shall be
|
0022| called "Sunday package sales".
|
0023| [K.] J. If a petition requesting the governing body
|
0024| of a local option district to call an election on the question of
|
0025| continuing to allow sales of alcoholic beverages in unbroken
|
0001| packages for consumption off the licensed premises on Sundays is
|
0002| filed with the clerk of the governing body and that petition is
|
0003| signed by at least ten percent of the number of registered voters
|
0004| of the local option district and the clerk of the governing body
|
0005| verifies the petition signatures, the governing body shall adopt a
|
0006| resolution calling an election on the question. The election shall
|
0007| be held within sixty days of the date the petition is verified, or
|
0008| it may be held in conjunction with a regular election of the
|
0009| governing body, if the regular election occurs within sixty days of
|
0010| the petition verification. The election shall be called,
|
0011| conducted, counted and canvassed substantially in the manner
|
0012| provided by law for general elections within a county or special
|
0013| municipal elections within a municipality. If a majority of the
|
0014| voters of the local option district voting in the election votes to
|
0015| allow the sale of alcoholic beverages in unbroken packages for
|
0016| consumption off the licensed premises, then those sales shall
|
0017| continue to be allowed. If a majority of the voters of the local
|
0018| option district voting in the election votes not to allow the
|
0019| Sunday package sales, then those Sunday package sales shall be
|
0020| prohibited commencing the first Sunday after the results of the
|
0021| election are certified. Following the election, the question of
|
0022| allowing the Sunday package sales shall not be submitted again to
|
0023| the voters within two years of the date of the last election on the
|
0024| question."
|
0025| Section 3. Section 60-7A-22 NMSA 1978 (being Laws 1981,
|
0001| Chapter 39, Section 108, as amended) is amended to read:
|
0002| "60-7A-22. DRINKING IN PUBLIC ESTABLISHMENTS--SELLING OR
|
0003| SERVING ALCOHOLIC BEVERAGES OTHER THAN IN LICENSED ESTABLISHMENTS--SELLING ALCOHOLIC BEVERAGES AT A DRIVE-UP WINDOW.--
|
0004| A. It is a violation of the Liquor Control Act for any
|
0005| person to consume alcoholic beverages in any public establishment
|
0006| unless the establishment is licensed to sell and serve alcoholic
|
0007| beverages.
|
0008| B. It is a violation of the Liquor Control Act for any
|
0009| person not a licensee to sell, serve or permit the consumption of
|
0010| alcoholic beverages in his public establishment or private club.
|
0011| 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 violation of the Liquor Control Act
|
0017| for any licensee to sell alcoholic beverages at a drive-up
|
0018| window."
|
0019| Section 4. EFFECTIVE DATE.--The effective date of the
|
0020| provisions of this act is July 1, 1996.
|
0021| - 12 - FORTY-SECOND LEGISLATURE
|
0022| SECOND SESSION
|
0023|
|
0024|
|
0025| February 14, 1996
|
0001|
|
0002|
|
0003| HOUSE FLOOR AMENDMENT number ______ to SENATE FLOOR SUBSTITUTE FOR
|
0004| SENATE BILL 108
|
0005|
|
0006| Amendment sponsored by Representative James G. Taylor
|
0007|
|
0008|
|
0009| 1. On page 1, line 11, strike "PROHIBITING" and insert in lieu
|
0010| thereof "AUTHORIZING LOCAL OPTION ELECTIONS PERTAINING TO".
|
0011|
|
0012| 2. On page 1, strike lines 16 through 25, strike pages 2 and 3 and
|
0013| on page 4, strike lines 1 through 5 in their entirety.
|
0014|
|
0015| 3. Renumber the succeeding sections accordingly.
|
0016|
|
0017| 4. On page 7, remove the bracket and line-through on lines 7
|
0018| through 17.
|
0019|
|
0020| 5. On page 7, line 8, strike "in an eligible county".
|
0021|
|
0022| 6. On page 7, line 12, strike "at any time".
|
0023|
|
0024| 7. On page 7, line 18, at the beginning of the line insert an
|
0025| opening bracket.
|
0001|
|
0002| 8. Reletter succeeding subsections accordingly.
|
0003|
|
0004| 9. On page 11, strike lines 13 through 25 and on page 12, strike
|
0005| lines 1 through 6 in their entirety.
|
0006|
|
0007| 10. Renumber the succeeding section accordingly.
|
0008|
|
0009|
|
0010|
|
0011|
|
0012| 11. Adjust all references and cross references accordingly.
|
0013|
|
0014|
|
0015|
|
0016|
|
0017| ___________________________
|
0018| James G. Taylor
|
0019|
|
0020|
|
0021|
|
0022| Adopted___________________ Not Adopted___________________________
|
0023| (Chief Clerk) (Chief Clerk)
|
0024|
|
0025|
|
0001| Date ________________ State of New Mexico
|
0002| House of Representatives
|
0003|
|
0004| FORTY-SECOND LEGISLATURE
|
0005| SECOND SESSION, 1996
|
0006|
|
0007|
|
0008| February 13, 1996
|
0009|
|
0010|
|
0011| Mr. Speaker:
|
0012|
|
0013| Your JUDICIARY COMMITTEE, to whom has been referred
|
0014|
|
0015| SENATE FLOOR SUBSTITUTE
|
0016| FOR SENATE BILL 108, as amended
|
0017|
|
0018| has had it under consideration and reports same with
|
0019| recommendation that it DO PASS, amended as follows:
|
0020|
|
0021| 1. Strike House Business and Industry Committee Amendments 1
|
0022| through 3.
|
0023|
|
0024| Respectfully submitted,
|
0025|
|
0001|
|
0002|
|
0003|
|
0004| Cisco McSorley, Chairman
|
0005|
|
0006|
|
0007| Adopted Not Adopted
|
0008| (Chief Clerk) (Chief Clerk)
|
0009|
|
0010| Date
|
0011|
|
0012| The roll call vote was 11 For 1 Against
|
0013| Yes: 11
|
0014| No: Baca
|
0015| Excused: Sanchez, R.G.
|
0016| Absent: None
|
0017|
|
0018|
|
0019| .112184.1
|
0020| S0108JC1
|