0001| SENATE BILL 289
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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| JOHN ARTHUR SMITH
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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|
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0011| AN ACT
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0012| RELATING TO ALCOHOL; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES
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0013| FROM A DRIVE-UP WINDOW; AMENDING SECTIONS OF THE LIQUOR CONTROL
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0014| 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 60-6C-1 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 97, as amended) is amended to read:
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0019| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
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0020| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0021| A. The director may suspend or revoke the license or
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0022| permit or fine the licensee in an amount not more than ten
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0023| thousand dollars ($10,000), or both, when he finds that any
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0024| licensee has:
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0025| (1) violated any provision of the Liquor
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0001| Control Act or any regulation or order promulgated pursuant to
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0002| that act;
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0003| (2) been convicted of a felony pursuant to the
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0004| provisions of the Criminal Code, the Liquor Control Act or
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0005| federal law; or
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0006| (3) permitted his licensed premises to remain a
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0007| public nuisance in the neighborhood where it is located after
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0008| written notice from the director that investigation by the
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0009| department has revealed that the establishment is a public
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0010| nuisance in the neighborhood.
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0011| B. The director shall suspend or revoke the license
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0012| or permit and may fine the licensee in an amount not to exceed
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0013| ten thousand dollars ($10,000), or both, when he finds that any
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0014| licensee or:
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0015| (1) his employee or agent knowingly has sold,
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0016| served or given any alcoholic beverage to a minor in violation
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0017| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0018| violation of Section 60-7A-16 NMSA 1978, on two separate
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0019| occasions within any twelve-month period; or
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0020| (2) his agent has made any material false
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0021| statement or concealed any material facts in his application for
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0022| the license or permit granted him pursuant to the provisions of
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0023| the Liquor Control Act.
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0024| [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
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of two weeks;
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(2) upon a second 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
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of thirty days;
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(3) upon a third 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
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of sixty 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
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60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or
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any other goods from his drive-up window revoked by the director
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and the drive-up window permanently closed.
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D.] C. Any licensee aggrieved by a revocation,
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0022| suspension or fine proposed to be imposed by the director
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0023| pursuant to this section shall be entitled to the hearing
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0024| procedures set forth in [Article 6C of Chapter 60 NMSA 1978]
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0025| Chapter 60, Article 6C NMSA 1978 before the revocation,
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0001| suspension or fine shall be effective.
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0002| [E.] D. Any charge filed against a licensee by
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0003| the department and the resulting disposition of the charge shall
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0004| be reported to the department of public safety and local law
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0005| enforcement agencies whose jurisdictions include the licensed
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0006| establishment."
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0007| Section 2. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0008| Chapter 39, Section 47, as amended) is amended to read:
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0009| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--CHRISTMAS DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE
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0010| LICENSED PREMISES--ELECTIONS.--
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0011| A. Alcoholic beverages shall be sold, served and
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0012| consumed on licensed premises only during the following hours
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0013| and days:
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0014| (1) on Mondays from 7:00 a.m. until midnight;
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0015| (2) on other weekdays from after midnight of
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0016| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0017| midnight, except as provided in Subsections D, E and [H] G
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0018| of this section; and
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0019| (3) on Sundays only after midnight of the
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0020| previous day until 2:00 a.m., except as provided in Subsections
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0021| C and F of this section; provided, however, nothing in this
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0022| section shall prohibit the consumption at any time of alcoholic
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0023| beverages in guest rooms of hotels.
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0024| B. Alcoholic beverages shall be sold by a dispenser
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0025| or a retailer in unbroken packages, for consumption off the
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0001| licensed premises and not for resale, on Mondays through
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0002| Saturdays from 7:00 a.m. until 12:00 a.m. on the following day
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0003| except as provided in Subsections D, E and [H] G of this
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0004| section.
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0005| C. Subject to the provisions of Subsections F and
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0006| [I] H of this section, a dispenser, restaurant licensee or
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0007| club may, upon payment of an additional fee of one hundred
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0008| dollars ($100), obtain a permit to sell, serve or permit the
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0009| consumption of alcoholic beverages by the drink on the licensed
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0010| premises on Sundays from [12:00] noon until midnight and in
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0011| those years when December 31 falls on a Sunday from [12:00]
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0012| noon until 2:00 a.m. of the following day, except as otherwise
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0013| provided in Subsection F of this section. The permit shall
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0014| expire on June 30 of each year and may be renewed from year to
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0015| year upon application for renewal and payment of the required
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0016| fee. The permit fee shall not be prorated. Sales made pursuant
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0017| to this subsection or Subsection [I] H of this section shall
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0018| be called "Sunday sales".
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0019| D. Retailers, dispensers, canopy licensees,
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0020| restaurant licensees, club licensees and governmental licensees
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0021| or its lessees shall not sell, serve, deliver or allow the
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0022| consumption of alcoholic beverages on the licensed premises
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0023| during voting hours on the days of the primary election, general
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0024| election, elections for officers of a municipality or any other
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0025| election as prescribed by the rules and regulations of the
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0001| director.
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0002| E. Retailers, dispensers, canopy licensees that were
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0003| replaced by dispenser's licensees pursuant to Section 60-6B-16
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0004| NMSA 1978, restaurant licensees, club licensees and governmental
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0005| licensees or its lessees shall not sell, serve, deliver or allow
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0006| the consumption of alcoholic beverages on the licensed premises
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0007| from 2:00 a.m. on Christmas day until 7:00 a.m. on the day after
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0008| Christmas, except as permitted pursuant to Subsection [H] G
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0009| of this section.
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0010| F. At the 1984 general election, the secretary of
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0011| state shall order placed on the ballot in each local option
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0012| district the question "Shall Sunday sales of alcoholic beverages
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0013| by the drink for consumption on the licensed premises of
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0014| licensees be allowed in this local option district?". If the
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0015| secretary of state determines a need, he may authorize the use
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0016| of paper ballots for the purpose of the election provided for
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0017| pursuant to this subsection. Until [such] the election,
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0018| Sunday sales shall be permitted on the same basis in any local
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0019| option district as provided under any former act, and the
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0020| election held at the first general election following the
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0021| effective date of the Liquor Control Act shall have no effect on
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0022| whether Sunday sales are permitted in any local option district.
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0023| If the question is disapproved by a majority of those voting
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0024| upon the question in the local option district, Sunday sales
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0025| shall be unlawful in that local option district upon
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0001| certification of the election returns, and the question shall
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0002| not again be placed on the ballot in that local option district
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0003| until:
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0004| (1) at least one year has passed; and
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0005| (2) a petition is filed with the local
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0006| governing body bearing the signatures of registered qualified
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0007| electors of the local option district equal in number to ten
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0008| percent of the number of votes cast and counted in the local
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0009| option district for governor in the last preceding general
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0010| election in which a governor was elected. The signatures on the
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0011| petition shall be verified by the clerk of the county in which
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0012| the local option district is situated.
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0013| [G. The local governing body of a local option
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district in an eligible county shall:
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(1) adopt a resolution within sixty days of
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April 7, 1989 calling for an election to place on the ballot the
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question "Shall a retailer or dispenser be allowed to sell or
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deliver alcoholic beverages at any time from a drive-up
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window?";
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(2) arrange for the election to be held within
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sixty days after the date the resolution is adopted; and
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(3) ensure that the election is called,
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conducted, counted and canvassed in the manner provided by law
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for elections within the county.
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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.] G. On and after July 1, 1989, dispensers,
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0007| canopy licensees that were replaced by dispenser's licensees
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0008| pursuant to Section 60-6B-16 NMSA 1978, restaurant licensees,
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0009| club licensees and governmental licensees or lessees of these
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0010| licensees may sell, serve or allow the consumption of beer and
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0011| wine with meals on licensed premises from noon until 10:00 p.m.
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0012| on Christmas day, except in a local option district in which,
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0013| pursuant to petition and election under this subsection, a
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0014| majority of the voters voting on the question votes against
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0015| continuing [such] the sales or consumption on Christmas day.
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0016| An election shall be held on the question of whether to continue
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0017| to allow the sale, service or consumption of beer and wine with
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0018| meals on licensed premises from noon until 10:00 p.m. on
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0019| Christmas day in a local option district, if a petition
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0020| requesting the governing body of that district to call the
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0021| election is signed by at least ten percent of the registered
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0022| voters of the district and is filed with the clerk of the
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0023| governing body of the district. Upon verification by the clerk
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0024| that the petition contains the required number of signatures of
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0025| registered voters, the governing body shall adopt a resolution
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0001| calling an election on the question of allowing the sale,
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0002| service or consumption of beer and wine with meals on licensed
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0003| premises from noon until 10:00 p.m. on Christmas day. The
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0004| election shall be held within sixty days after the date the
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0005| petition is verified, or it may be held in conjunction with a
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0006| regular election of the governing body if that election occurs
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0007| within sixty days of [such] the verification. The election
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0008| shall be called, conducted, counted and canvassed in
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0009| substantially the same manner as provided for general elections
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0010| in the county under the Election Code or for special municipal
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0011| elections in a municipality under the Municipal Election Code.
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0012| If a majority of the voters voting on the question votes against
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0013| continuing the sale, service or consumption of beer and wine
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0014| with meals on licensed premises from noon until 10:00 p.m. on
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0015| Christmas day, then [such] the sales and consumption shall
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0016| be prohibited. If a majority of the voters voting on the
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0017| question votes to allow continued sale, service and consumption
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0018| of beer and wine with meals on licensed premises from noon until
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0019| 10:00 p.m. on Christmas day, then [such] the sales and
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0020| consumption shall be allowed to continue. The question then
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0021| shall not be submitted again to the voters within two years of
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0022| the date of the last election on the question.
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0023| [I.] H. Notwithstanding the provisions of
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0024| Subsection F of this section, any Indian tribe or pueblo whose
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0025| lands are wholly situated within the state that has, by statute,
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0001| ordinance or resolution, elected to permit the sale, possession
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0002| or consumption of alcoholic beverages on lands within the
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0003| territorial boundaries of the tribe or pueblo may, by statute,
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0004| ordinance or resolution of the governing body of the Indian
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0005| tribe or pueblo, permit Sunday sales by the drink on the
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0006| licensed premises of licensees on lands within the territorial
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0007| boundaries of the tribe or pueblo; provided that a certified
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0008| copy of [such] the enactment is filed with the office of the
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0009| director and of the secretary of state.
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0010| [J.] I. Subject to the provisions of Subsection
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0011| [K] J of this section, a dispenser or retailer, upon payment
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0012| of an additional fee of one hundred dollars ($100), may obtain a
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0013| permit to sell alcoholic beverages in unbroken packages for
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0014| consumption off the licensed premises on Sundays from [12:00]
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0015| noon until midnight and, in those years when December 31 falls
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0016| on a Sunday, from [12:00] noon on December 31 until 2:00 a.m.
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0017| of the following day. The permit shall expire on June 30 of
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0018| each year and may be renewed from year to year upon application
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0019| for renewal and payment of the required fee. The permit fee
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0020| shall not be prorated. Sales made pursuant to the provisions of
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0021| this subsection shall be called "Sunday package sales".
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0022| [K.] J. If a petition requesting the governing
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0023| body of a local option district to call an election on the
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0024| question of continuing to allow sales of alcoholic beverages in
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0025| unbroken packages for consumption off the licensed premises on
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0001| Sundays is filed with the clerk of the governing body and that
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0002| petition is signed by at least ten percent of the number of
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0003| registered voters of the local option district and the clerk of
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0004| the governing body verifies the petition signatures, the
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0005| governing body shall adopt a resolution calling an election on
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0006| the question. The election shall be held within sixty days of
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0007| the date the petition is verified, or it may be held in
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0008| conjunction with a regular election of the governing body, if
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0009| the regular election occurs within sixty days of the petition
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0010| verification. The election shall be called, conducted, counted
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0011| and canvassed substantially in the manner provided by law for
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0012| general elections within a county or special municipal elections
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0013| within a municipality. If a majority of the voters of the local
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0014| option district voting in the election votes to allow the sale
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0015| of alcoholic beverages in unbroken packages for consumption off
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0016| the licensed premises, then those sales shall continue to be
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0017| allowed. If a majority of the voters of the local option
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0018| district voting in the election votes not to allow the Sunday
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0019| package sales, then those Sunday package sales shall be
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0020| prohibited commencing the first Sunday after the results of the
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0021| election are certified. Following the election, the question of
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0022| allowing the Sunday package sales shall not be submitted again
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0023| to the voters within two years of the date of the last election
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0024| on the question."
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0025| Section 3. Section 60-7A-22 NMSA 1978 (being Laws 1981,
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0001| Chapter 39, Section 108, as amended) is amended to read:
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0002| "60-7A-22. DRINKING IN PUBLIC ESTABLISHMENTS--SELLING OR
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0003| SERVING ALCOHOLIC BEVERAGES OTHER THAN IN LICENSED
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0004| ESTABLISHMENTS--SELLING ALCOHOLIC BEVERAGES AT A DRIVE-UP
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0005| WINDOW.--
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0006| A. It is a violation of the Liquor Control Act for
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0007| any person to consume alcoholic beverages in any public
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0008| establishment unless the establishment is licensed to sell and
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0009| serve alcoholic beverages.
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0010| B. It is a violation of the Liquor Control Act for
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0011| any person not a licensee to sell, serve or permit the
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0012| consumption of alcoholic beverages in his public establishment
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0013| or private club.
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0014| C. [On or after the effective date of the Liquor
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Control Act, no new drive-up windows used for the sale of
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alcoholic beverages shall be permitted by the director;
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provided, however, licensed premises that include drive-up
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windows may be relocated and include a drive-up window if the
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lease on the current licensed premises expires.] It is a
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0020| violation of the Liquor Control Act for any licensee to sell
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0021| alcoholic beverages at a drive-up window."
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0022| Section 4. EFFECTIVE DATE.--The effective date of the
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0023| provisions of this act is July 1, 2005.
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0024| - 12 -
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0025|
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0001|
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0002| FORTY-SECOND LEGISLATURE
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0003| SECOND SESSION, 1996
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0004|
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0005|
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0006| FEBRUARY 9, 1996
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0007|
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0008| Mr. President:
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0009|
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0010| Your COMMITTEES' COMMITTEE, to whom has been referred
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0011|
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0012| SENATE BILL 289
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0013|
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0014| has had it under consideration and finds same to be GERMANE, PURSUANT
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0015| TO HOUSE EXECUTIVE MESSAGE NUMBER 49, and thence referred to the
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0016| PUBLIC AFFAIRS COMMITTEE.
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0017|
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0018| Respectfully submitted,
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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| SENATOR MANNY M. ARAGON, Chairman
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0025|
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0001|
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0002|
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0003| Adopted_______________________ Not Adopted_______________________
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0004| (Chief Clerk) (Chief Clerk)
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0005|
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0006|
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0007| Date ________________________
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0008|
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0009|
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0010|
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0011| S0289CC1
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