0001|                            SENATE BILL 31
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0002|     43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003|                            INTRODUCED BY
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0004|                             GLORIA HOWES
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0005|     
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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|                                AN ACT
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0011|     RELATING TO ALCOHOLIC BEVERAGES; AUTHORIZING LOCAL OPTION
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0012|     ELECTIONS REGARDING THE SALE OF ALCOHOLIC BEVERAGES FROM DRIVE-
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0013|     UP WINDOWS; AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
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0014|     
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0015|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016|          Section 1.  Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0017|     Chapter 39, Section 47, as amended) is amended to read:
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0018|          "60-7A-1.  HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0019|     <u>DRIVE-UP WINDOW SALES--</u>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
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0017|     ($100), obtain a permit to sell, serve or permit the
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0018|     consumption of alcoholic beverages by the drink on the licensed
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0019|     premises on Sundays from 12:00 noon until midnight and in those
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0020|     years 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 <s>[its]</s> <u>their</u> lessees shall not sell, serve, deliver or
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0006|     allow the consumption of alcoholic beverages on the licensed
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0007|     premises during voting hours on the days of the primary
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0008|     election, general election, elections for officers of a
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0009|     municipality or any other election as prescribed by the rules
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0010|     and regulations of the director.
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0011|               E.  Retailers, dispensers, canopy licensees that
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0012|     were replaced by dispenser's licensees pursuant to Section
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0013|     60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0014|     governmental licensees or <s>[its]</s> <u>their</u> lessees shall not
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0015|     sell, serve, deliver or allow the consumption of alcoholic
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0016|     beverages on the licensed premises from 2:00 a.m. on Christmas
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0017|     day until 7:00 a.m. on the day after Christmas, except as
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0018|     permitted pursuant to Subsection H of this 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
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0022|     beverages by the drink for consumption on the licensed premises
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0023|     of licensees be allowed in this local option district?".  If
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0024|     the secretary of state determines a need, he may authorize the
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0025|     use of paper ballots for the purpose of the election provided
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0001|     for pursuant to this subsection.  Until such election, Sunday
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0002|     sales 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
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0004|     held at the first general election following the effective date
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0005|     of the Liquor Control Act shall have no effect on whether
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0006|     Sunday sales are permitted in any local option district.  If
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0007|     the question is disapproved by a majority of those voting upon
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0008|     the question in the local option district, Sunday sales shall
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0009|     be unlawful in that local option district upon certification of
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0010|     the election returns, and the question shall not again be
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0011|     placed on 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
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0019|     the petition shall be verified by the clerk of the county in
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0020|     which 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 <s>[in an eligible county]</s> shall:
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0023|                    (1)  adopt a resolution within <s>[sixty days of
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<s></s>0024| <s>    April 7, 1989]</s> <u>ninety days of July 1, 1997</u> 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
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0004|     <s>[within sixty days after the date the resolution is adopted]</s>
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0005|     <u>in conjunction with the next regular election of the local
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<u></u>0006| <u>    governing body or the next statewide general election following
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<u></u>0007| <u>    adoption of the resolution</u>; and
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0008|                    (3)  ensure that the election is called,
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0009|     conducted, counted and canvassed in the manner provided by law
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0010|     for elections within the county.
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0011|          <s>[As used in this subsection, "eligible county" means any
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<s></s>0012| <s>    county that, according to motor vehicle statistics reported to
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<s></s>0013| <s>    the state highway and transportation department during the
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<s></s>0014| <s>    years 1985 and 1986, convicted more than twenty-five persons
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<s></s>0015| <s>    for each one thousand licensed drivers of driving while
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<s></s>0016| <s>    intoxicated offenses.]</s>
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0017|               H.  On and after July 1, 1989, dispensers, canopy
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0018|     licensees that were replaced by dispenser's licensees pursuant
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0019|     to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0020|     licensees and governmental licensees or lessees of these
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0021|     licensees may sell, serve or allow the consumption of beer and
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0022|     wine with meals on licensed premises from noon until 10:00 p.m.
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0023|     on Christmas day, except in a local option district in which,
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0024|     pursuant to petition and election under this subsection, a
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0025|     majority of the voters voting on the question votes against
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0001|     continuing such sales or consumption on Christmas day.  An
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0002|     election shall be held on the question of whether to continue
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0003|     to allow the sale, service or consumption of beer and wine with
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0004|     meals on licensed premises from noon until 10:00 p.m. on
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0005|     Christmas day in a local option district, if a petition
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0006|     requesting the governing body of that district to call the
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0007|     election is signed by at least ten percent of the registered
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0008|     voters of the district and is filed with the clerk of the
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0009|     governing body of the district.  Upon verification by the clerk
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0010|     that the petition contains the required number of signatures of
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0011|     registered voters, the governing body shall adopt a resolution
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0012|     calling an election on the question of allowing the sale,
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0013|     service or consumption of beer and wine with meals on licensed
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0014|     premises from noon until 10:00 p.m. on Christmas day.  The
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0015|     election shall be held within sixty days after the date the
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0016|     petition is verified, or it may be held in conjunction with a
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0017|     regular election of the governing body if that election occurs
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0018|     within sixty days of such verification.  The election shall be
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0019|     called, conducted, counted and canvassed in substantially the
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0020|     same manner as provided for general elections in the county
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0021|     under the Election Code or for special municipal elections in a
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0022|     municipality under the Municipal Election Code.  If a majority
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0023|     of the voters voting on the question votes against continuing
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0024|     the sale, service or consumption of beer and wine with meals on
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0025|     licensed premises from noon until 10:00 p.m. on Christmas day,
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0001|     then such sales and consumption shall be prohibited.  If a
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0002|     majority of the voters voting on the question votes to allow
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0003|     continued sale, service and consumption of beer and wine with
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0004|     meals on licensed premises from noon until 10:00 p.m. on
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0005|     Christmas day, then such sales and consumption shall be allowed
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0006|     to continue.  The question then shall not be submitted again to
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0007|     the voters within two years of the date of the last election on
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0008|     the question.
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0009|               I.  Notwithstanding the provisions of Subsection F
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0010|     of this section, any Indian tribe or pueblo whose lands are
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0011|     wholly situated within the state that has, by statute,
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0012|     ordinance or resolution, elected to permit the sale, possession
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0013|     or consumption of alcoholic beverages on lands within the
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0014|     territorial boundaries of the tribe or pueblo may, by statute,
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0015|     ordinance or resolution of the governing body of the Indian
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0016|     tribe or pueblo, permit Sunday sales by the drink on the
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0017|     licensed premises of licensees on lands within the territorial
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0018|     boundaries of the tribe or pueblo; provided that a certified
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0019|     copy of such enactment is filed with the office of the director
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0020|     and of the secretary of state.
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0021|               J.  Subject to the provisions of Subsection K of
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0022|     this section, a dispenser or retailer, upon payment of an
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0023|     additional fee of one hundred dollars ($100), may obtain a
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0024|     permit to sell alcoholic beverages in unbroken packages for
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0025|     consumption off the licensed premises on Sundays from 12:00
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0001|     noon until midnight, and in those years when December 31 falls
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0002|     on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of
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0003|     the following day.  The permit shall expire on June 30 of each
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0004|     year and may be renewed from year to year upon application for
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0005|     renewal and payment of the required fee.  The permit fee shall
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0006|     not be prorated.  Sales made pursuant to the provisions of this
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0007|     subsection shall be called "Sunday package sales".
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0008|               K.  If a petition requesting the governing body of a
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0009|     local option district to call an election on the question of
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0010|     continuing to allow sales of alcoholic beverages in unbroken
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0011|     packages for consumption off the licensed premises on Sundays
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0012|     is filed with the clerk of the governing body and that petition
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0013|     is signed by at least ten percent of the number of registered
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0014|     voters of the local option district and the clerk of the
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0015|     governing body verifies the petition signatures, the governing
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0016|     body shall adopt a resolution calling an election on the
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0017|     question.  The election shall be held within sixty days of the
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0018|     date the petition is verified, or it may be held in conjunction
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0019|     with a regular election of the governing body, if the regular
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0020|     election occurs within sixty days of the petition verification. 
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0021|     The election shall be called, conducted, counted and canvassed
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0022|     substantially in the manner provided by law for general
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0023|     elections within a county or special municipal elections within
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0024|     a municipality.  If a majority of the voters of the local
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0025|     option district voting in the election votes to allow the sale
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0001|     of alcoholic beverages in unbroken packages for consumption off
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0002|     the licensed premises, then those sales shall continue to be
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0003|     allowed.  If a majority of the voters of the local option
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0004|     district voting in the election votes not to allow the Sunday
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0005|     <u>package</u> sales, then those Sunday <u>package</u> sales shall be
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0006|     prohibited commencing the first Sunday after the results of the
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0007|     election are certified.  Following the election, the question
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0008|     of allowing the Sunday <u>package</u> sales shall not be submitted
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0009|     again to the voters within two years of the date of the last
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0010|     election on the question."
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0011|          Section 2.  EFFECTIVE DATE.--The effective date of the
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0012|     provisions of this act is July 1, 1997.
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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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0020|     
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0021|     
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0022|     
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0025|     
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0001|       
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0002|   
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0003|                      FORTY-THIRD LEGISLATURE
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0004|                        FIRST SESSION, 1997              SB 31/a
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0005|   
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0006|   
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0007|                                               February 28, 1997
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0008|   
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0009|   Mr. President:
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0010|   
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0011|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0012|   referred
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0013|   
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0014|                           SENATE BILL 31
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0015|   
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0016|   has had it under consideration and reports same with
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0017|   recommendation that it DO PASS, amended as follows:
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0018|   
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0019|       1.  On page 1, line 13, after "ACT", insert "; PROVIDING FOR
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0020|   COMPENSATION".
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0021|   
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0022|       2.  On page 4, line 21, strike "shall" and insert in lieu
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0023|   thereof "may".
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0024|   
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0025|       3.  On page 9, between lines 9 and 10, insert the following:
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0001|   
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0002|       "Section 2.  [<u>NEW MATERIAL</u>]  COMPENSATION FOR MANDATORY
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0003|   DRIVE-UP WINDOW CLOSURE--PROCESS.--
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0004|   
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0005|           A.  The governing body of a local option district shall
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0006|   prohibit sales or delivery of alcoholic beverages through a
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0007|   drive-up window of a licensee if the majority of the registered
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0008|   qualified electors in the local option district voting on the
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0009|   question "Shall a retailer or dispenser be allowed to sell or
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0010|   deliver alcoholic beverages at any time from a drive-up window?"
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0011|   votes against allowing sales or deliveries of alcoholic beverages
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0012|   from a drive-up window.
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0013|   
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0014|           B.  A licensee whose sales or deliveries of alcoholic
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0015|   beverages from his licensed premises are conducted through his
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0016|   drive-up window may petition the governing body of the local
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0017|   option district for an arbitration hearing to determine the
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0018|   compensation due the licensee that is a direct result of the
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0019|   closure of the drive-up window.
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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|   
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0001|   
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0002|   
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0003|           C.  The local governing body of the local option
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0004|   district and the licensee shall choose an arbitrator acceptable
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0005|   to both parties from a list of arbitrators supplied to them by
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0006|   the district court of the district in which the local option
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0007|   district is located.
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0008|   
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0009|           D.  The parties shall submit to arbitration.  The
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0010|   decision of the arbitrator shall be binding and no appeal shall
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0011|   be available to review the decision of the arbitrator.  Costs of
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0012|   the arbitration shall be borne equally by both parties.
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0013|   
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0014|           E.  The governing body shall be liable for payment of
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0015|   the full compensation that is due to the licensee as determined
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0016|   by the arbitrator.".
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0017|   
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0018|       4.  Renumber the succeeding section accordingly.,
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0019|   
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0020|   and thence referred to the CORPORATIONS & TRANSPORTATION
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0021|   COMMITTEE. 
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0022|                
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0023|                                Respectfully submitted,
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0024|   
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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|                                Shannon Robinson, Chairman 
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0005|   
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0006|   
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0007|   
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0008|   Adopted_______________________   Not
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0009|   Adopted_______________________
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0010|             (Chief Clerk)                          (Chief Clerk)
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0011|   
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0012|   
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0013|                     Date ________________________
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0014|   
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0015|   
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0016|   The roll call vote was <u> 6 </u> For <u> 1 </u> Against
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0017|           Yes:    6
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0018|           No:     Smith
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0019|                Excused:     Ingle, Vernon
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0020|           Absent: None
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0021|   
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0022|   S0031PA1                                            .117589.2
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0023|                                                     .117539.2/a
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0024|   
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