0001| SENATE BILL 1063
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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| MANNY M. ARAGON
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0005|
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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| AN ACT
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0011| RELATING TO LIQUOR LICENSING; PROVIDING FOR LOCAL OPTION
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0012| REFERENDUM ON DRIVE-UP WINDOWS; CREATING COMPENSATING LICENSES;
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0013| AMENDING SECTIONS 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. [NEW MATERIAL] COMPENSATING LICENSES.--
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0017| A. The governing body of a local option district
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0018| shall prohibit the sale or delivery of alcoholic beverages
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0019| through a drive-up window of a licensee beginning January 1,
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0020| 1998 if the majority of the registered qualified electors in
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0021| the local option district voting pursuant to Subsection G of
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0022| Section 60-7A-1 NMSA 1978 on the question, "Shall a retailer or
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0023| dispenser be allowed to sell or deliver alcoholic beverages at
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0024| any time from a drive-up window?" votes against allowing sales
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0025| or deliveries of alcoholic beverages from a drive-up window.
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0001| B. A licensee whose sales or deliveries of
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0002| alcoholic beverages from his licensed premises are primarily
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0003| conducted through his drive-up window may apply by July 1, 1997
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0004| to the director for a compensating license.
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0005| C. A compensating license:
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0006| (1) permits the licensee to sell alcoholic
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0007| beverages in unbroken packages for consumption off premises
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0008| except if issued to a hotel as provided in this section;
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0009| (2) may be reserved in the name of a licensee
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0010| qualified to receive a compensating license for no longer than
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0011| thirty-six months following the date that the licensee applies
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0012| for the compensating license, but the compensating license
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0013| shall be voided and shall not be issued to any person if no
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0014| license application has been made identifying the proposed
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0015| premises for which the compensating license will be used within
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0016| that thirty-six month period;
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0017| (3) may be sold or transferred to a second
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0018| owner or transferred to a new premises only one time after an
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0019| application has been made to reserve the compensating license
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0020| and may be located in any local option district in the state,
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0021| notwithstanding the quota provisions of the Liquor Control Act;
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0022| (4) is subject to all administrative processes
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0023| required by the Liquor Control Act to locate a new license in a
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0024| local option district; and
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0025| (5) if issued or sold to a hotel, may be
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0001| converted to a dispenser's license without the package sale
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0002| privileges, but may not be transferred from the licensed
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0003| premises for which the conversion was made.
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0004| D. The director shall not charge a license fee for
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0005| a compensating license while it is held in reserve for a
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0006| licensee. A license fee shall be due and payable by the new
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0007| licensee when the license is sold or transferred to a new owner
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0008| or when the licensee opens a licensed premises pursuant to the
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0009| compensating license.
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0010| E. As used in this section:
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0011| (1) "compensating license" means a retailer's
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0012| license that is reserved for or issued to a licensee by the
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0013| department to compensate that licensee for the loss he may
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0014| suffer when required by the governing body of a local option
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0015| district pursuant to a referendum prohibiting the sale or
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0016| delivery of alcoholic beverages from a drive-up window to close
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0017| the licensee's drive-up window; and
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0018| (2) "primarily conducted" means that greater
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0019| than fifty percent of the gross receipts generated by a
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0020| licensee are generated through sales or deliveries of alcoholic
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0021| beverages through the licensee's drive-up window.
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0022| Section 2. Section 60-6A-15 NMSA 1978 (being Laws 1981,
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0023| Chapter 39, Section 32, as amended) is amended to read:
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0024| "60-6A-15. LICENSE FEES.--Every application for the
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0025| issuance or annual renewal of the following licenses shall be
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0001| accompanied by a license fee in the following specified
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0002| amounts:
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0003| A. manufacturer's license as a distiller, except a
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0004| brandy manufacturer, three thousand dollars ($3,000);
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0005| B. manufacturer's license as a brewer, three
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0006| thousand dollars ($3,000);
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0007| C. manufacturer's license as a rectifier, one
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0008| thousand fifty dollars ($1,050);
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0009| D. wholesaler's license to sell all alcoholic
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0010| beverages for resale only, two thousand five hundred dollars
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0011| ($2,500);
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0012| E. wholesaler's license to sell spirituous liquors
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0013| and wine for resale only, one thousand seven hundred fifty
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0014| dollars ($1,750);
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0015| F. wholesaler's license to sell spirituous liquors
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0016| for resale only, one thousand five hundred dollars ($1,500);
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0017| G. wholesaler's license to sell beer and wine for
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0018| resale only, one thousand five hundred dollars ($1,500);
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0019| H. wholesaler's license to sell beer for resale
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0020| only, one thousand dollars ($1,000);
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0021| I. wholesaler's license to sell wine for resale
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0022| only, seven hundred fifty dollars ($750);
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0023| J. retailer's license, one thousand two hundred
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0024| fifty dollars ($1,250);
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0025| K. dispenser's license, one thousand two hundred
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0001| fifty dollars ($1,250);
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0002| L. canopy license, one thousand two hundred fifty
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0003| dollars ($1,250);
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0004| M. restaurant license, one thousand dollars
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0005| ($1,000);
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0006| N. club license, one thousand two hundred fifty
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0007| dollars ($1,250);
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0008| O. wine bottler's license to sell to wholesalers
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0009| only, five hundred dollars ($500);
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0010| P. public service license, one thousand two hundred
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0011| fifty dollars ($1,250);
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0012| Q. nonresident licenses, for a total billing to New
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0013| Mexico wholesalers in excess of:
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0014| $3,000,000 annually. . . . . . . . . . . . . . $3,500;
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0015| 1,000,000 annually. . . . . . . . . . . . . . 1,750;
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0016| 500,000 annually. . . . . . . . . . . . . . 1,250;
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0017| 200,000 annually. . . . . . . . . . . . . . 900;
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0018| 100,000 annually. . . . . . . . . . . . . . 600; and
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0019| 50,000 or less annually. . . . . . . . . . . . 300;
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0020| R. wine wholesaler's license, for persons with
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0021| sales of five thousand gallons of wine per year or less,
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0022| twenty-five dollars ($25.00), and for persons with sales in
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0023| excess of five thousand gallons of wine per year, one hundred
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0024| dollars ($100); [and]
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0025| S. beer bottler's license, two hundred dollars
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0001| ($200); and
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0002| T. compensating license, one thousand two hundred
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0003| fifty dollars ($1,250).
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0004| Section 3. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0005| Chapter 39, Section 47, as amended) is amended to read:
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0006| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY
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0007| SALES DRIVE-UP WINDOW SALES--CHRISTMAS DAY SALES--SUNDAY
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0008| SALES FOR CONSUMPTION OFF THE LICENSED PREMISES--ELECTIONS.--
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0009| A. Alcoholic beverages shall be sold, served and
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0010| consumed on licensed premises only during the following hours
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0011| and days:
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0012| (1) on Mondays from 7:00 a.m. until midnight;
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0013| (2) on other weekdays from after midnight of
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0014| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0015| midnight, except as provided in Subsections D, E and H of this
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0016| section; and
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0017| (3) on Sundays only after midnight of the
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0018| previous day until 2:00 a.m., except as provided in Subsections
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0019| C and F of this section; provided, however, nothing in this
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0020| section shall prohibit the consumption at any time of alcoholic
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0021| beverages in guest rooms of hotels.
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0022| B. Alcoholic beverages shall be sold by a dispenser
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0023| or a retailer in unbroken packages, for consumption off the
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0024| licensed premises and not for resale, on Mondays through
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0025| Saturdays from 7:00 a.m. until 12:00 a.m. on the following day,
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0001| except as provided in Subsections D, E and H of this section.
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0002| C. Subject to the provisions of Subsections F and I
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0003| of this section, a dispenser, restaurant licensee or club may,
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0004| upon payment of an additional fee of one hundred dollars
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0005| ($100), obtain a permit to sell, serve or permit the
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0006| consumption of alcoholic beverages by the drink on the licensed
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0007| premises on Sundays from 12:00 noon until midnight and in those
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0008| years when December 31 falls on a Sunday, from 12:00 noon until
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0009| 2:00 a.m. of the following day, except as otherwise provided in
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0010| Subsection F of this section. The permit shall expire on June
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0011| 30 of each year and may be renewed from year to year upon
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0012| application for renewal and payment of the required fee. The
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0013| permit fee shall not be prorated. Sales made pursuant to this
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0014| subsection or Subsection I of this section shall be called
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0015| "Sunday sales".
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0016| D. Retailers, dispensers, canopy licensees,
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0017| restaurant licensees, club licensees and governmental licensees
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0018| or its lessees shall not sell, serve, deliver or allow the
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0019| consumption of alcoholic beverages on the licensed premises
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0020| during voting hours on the days of the primary election,
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0021| general election, elections for officers of a municipality or
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0022| any other election as prescribed by the rules and regulations
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0023| of the director.
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0024| E. Retailers, dispensers, canopy licensees that
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0025| were replaced by dispenser's licensees pursuant to Section
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0001| 60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0002| governmental licensees or its lessees shall not sell, serve,
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0003| deliver or allow the consumption of alcoholic beverages on the
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0004| licensed premises from 2:00 a.m. on Christmas day until 7:00
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0005| a.m. on the day after Christmas, except as permitted pursuant
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0006| to Subsection H of this section.
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0007| F. At the 1984 general election, the secretary of
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0008| state shall order placed on the ballot in each local option
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0009| district the question "Shall Sunday sales of alcoholic
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0010| beverages by the drink for consumption on the licensed premises
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0011| of licensees be allowed in this local option district?". If
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0012| the secretary of state determines a need, he may authorize the
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0013| use of paper ballots for the purpose of the election provided
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0014| for pursuant to this subsection. Until such election, Sunday
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0015| sales shall be permitted on the same basis in any local option
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0016| district as provided under any former act, and the election
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0017| held at the first general election following the effective date
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0018| of the Liquor Control Act shall have no effect on whether
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0019| Sunday sales are permitted in any local option district. If
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0020| the question is disapproved by a majority of those voting upon
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0021| the question in the local option district, Sunday sales shall
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0022| be unlawful in that local option district upon certification of
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0023| the election returns, and the question shall not again be
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0024| placed on the ballot in that local option district until:
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0025| (1) at least one year has passed; and
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0001| (2) a petition is filed with the local
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0002| governing body bearing the signatures of registered qualified
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0003| electors of the local option district equal in number to ten
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0004| percent of the number of votes cast and counted in the local
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0005| option district for governor in the last preceding general
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0006| election in which a governor was elected. The signatures on
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0007| the petition shall be verified by the clerk of the county in
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0008| which the local option district is situated.
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0009| G. The local governing body of a local option
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0010| district [in an eligible county] shall:
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0011| (1) adopt a resolution within [sixty]
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0012| ninety days of [April 7, 1989] following July 1, 1997
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0013| calling for an election to place on the ballot the question
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0014| "Shall a retailer or dispenser be allowed to sell or deliver
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0015| alcoholic beverages at any time from a drive-up window?";
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0016| (2) arrange for the election to be held
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0017| [within sixty days after the date the resolution is adopted]
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0018| in conjunction with the next regular election of the governing
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0019| body or the next statewide general election following adoption
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0020| of the resolution; and
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0021| (3) ensure that the election is called,
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0022| conducted, counted and canvassed in the manner provided by law
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0023| for elections within the county.
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0024| [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
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years 1985 and 1986, convicted more than twenty-five persons
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for each one thousand licensed drivers of driving while
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intoxicated offenses.]
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0005| H. On and after July 1, 1989, dispensers, canopy
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0006| licensees that were replaced by dispenser's licensees pursuant
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0007| to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0008| licensees and governmental licensees or lessees of these
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0009| licensees may sell, serve or allow the consumption of beer and
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0010| wine with meals on licensed premises from noon until 10:00 p.m.
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0011| on Christmas day, except in a local option district in which,
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0012| pursuant to petition and election under this subsection, a
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0013| majority of the voters voting on the question votes against
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0014| continuing such sales or consumption on Christmas day. An
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0015| election shall be held on the question of whether to continue
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0016| to allow the sale, service or consumption of beer and wine with
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0017| meals on licensed premises from noon until 10:00 p.m. on
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0018| Christmas day in a local option district, if a petition
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0019| requesting the governing body of that district to call the
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0020| election is signed by at least ten percent of the registered
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0021| voters of the district and is filed with the clerk of the
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0022| governing body of the district. Upon verification by the clerk
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0023| that the petition contains the required number of signatures of
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0024| registered voters, the governing body shall adopt a resolution
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0025| calling an election on the question of allowing the sale,
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0001| service or consumption of beer and wine with meals on licensed
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0002| premises from noon until 10:00 p.m. on Christmas day. The
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0003| election shall be held within sixty days after the date the
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0004| petition is verified, or it may be held in conjunction with a
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0005| regular election of the governing body if that election occurs
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0006| within sixty days of such verification. The election shall be
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0007| called, conducted, counted and canvassed in substantially the
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0008| same manner as provided for general elections in the county
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0009| under the Election Code or for special municipal elections in a
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0010| municipality under the Municipal Election Code. If a majority
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0011| of the voters voting on the question votes against continuing
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0012| the sale, service or consumption of beer and wine with meals on
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0013| licensed premises from noon until 10:00 p.m. on Christmas day,
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0014| then such sales and consumption shall be prohibited. If a
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0015| majority of the voters voting on the question votes to allow
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0016| continued sale, service and consumption of beer and wine with
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0017| meals on licensed premises from noon until 10:00 p.m. on
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0018| Christmas day, then such sales and consumption shall be allowed
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0019| to continue. The question then shall not be submitted again to
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0020| the voters within two years of the date of the last election on
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0021| the question.
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0022| I. Notwithstanding the provisions of Subsection F
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0023| of this section, any Indian tribe or pueblo whose lands are
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0024| wholly situated within the state that has, by statute,
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0025| ordinance or resolution, elected to permit the sale, possession
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0001| or consumption of alcoholic beverages on lands within the
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0002| territorial boundaries of the tribe or pueblo may, by statute,
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0003| ordinance or resolution of the governing body of the Indian
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0004| tribe or pueblo, permit Sunday sales by the drink on the
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0005| licensed premises of licensees on lands within the territorial
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0006| boundaries of the tribe or pueblo; provided that a certified
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0007| copy of such enactment is filed with the office of the director
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0008| and of the secretary of state.
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0009| J. Subject to the provisions of Subsection K of
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0010| this section, a dispenser or retailer, upon payment of an
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0011| additional fee of one hundred dollars ($100), may obtain a
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0012| permit to sell alcoholic beverages in unbroken packages for
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0013| consumption off the licensed premises on Sundays from 12:00
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0014| noon until midnight, and in those years when December 31 falls
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0015| on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of
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0016| the following day. The permit shall expire on June 30 of each
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0017| year and may be renewed from year to year upon application for
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0018| renewal and payment of the required fee. The permit fee shall
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0019| not be prorated. Sales made pursuant to the provisions of this
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0020| subsection shall be called "Sunday package sales".
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0021| K. If a petition requesting the governing body of a
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0022| local option district to call an election on the question of
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0023| continuing to allow sales of alcoholic beverages in unbroken
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0024| packages for consumption off the licensed premises on Sundays
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0025| is filed with the clerk of the governing body and that petition
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0001| is signed by at least ten percent of the number of registered
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0002| voters of the local option district and the clerk of the
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0003| governing body verifies the petition signatures, the governing
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0004| body shall adopt a resolution calling an election on the
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0005| question. The election shall be held within sixty days of the
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0006| date the petition is verified, or it may be held in conjunction
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0007| with a regular election of the governing body, if the regular
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0008| election occurs within sixty days of the petition verification.
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0009| The election shall be called, conducted, counted and canvassed
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0010| substantially in the manner provided by law for general
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0011| elections within a county or special municipal elections within
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0012| a municipality. If a majority of the voters of the local
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0013| option district voting in the election votes to allow the sale
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0014| of alcoholic beverages in unbroken packages for consumption off
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0015| the licensed premises, then those sales shall continue to be
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0016| allowed. If a majority of the voters of the local option
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0017| district voting in the election votes not to allow the Sunday
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0018| package sales, then those Sunday package sales shall be
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0019| prohibited commencing the first Sunday after the results of the
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0020| election are certified. Following the election, the question
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0021| of allowing the Sunday package sales shall not be submitted
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0022| again to the voters within two years of the date of the last
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0023| election on the question."
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0024| Section 4. EFFECTIVE DATE.--The effective date of the
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0025| provisions of this act is July 1, 1997.
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0001| - 13 -
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| March 16, 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 referred
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0012|
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0013| SENATE BILL 1063
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0014|
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0015| has had it under consideration and reports same WITHOUT
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0016| RECOMMENDATION.
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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| Shannon Robinson, Chairman
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0024|
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0025|
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0001|
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0002| Adopted_______________________ Not Adopted_______________________
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0003| (Chief Clerk) (Chief Clerk)
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0004|
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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| The roll call vote was 4 For 1 Against
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0011| Yes: 4
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0012| No: Feldman
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0013| Excused: Adair, Boitano, Garcia, Vernon
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0014| Absent: None
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0015|
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0016|
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0017|
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0018| S1063PA1
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0019|
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0020| FORTY-THIRD LEGISLATURE
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0021| FIRST SESSION, 1997
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0022|
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0023|
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0024| March 20, 1997
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0025|
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0001| Mr. President:
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0002|
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0003| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0004|
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0005| SENATE BILL 1063
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0006|
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0007| has had it under consideration and reports same with recommendation
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0008| that it DO NOT PASS, but that
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0009|
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0010| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0011| SENATE BILL 1063
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0012|
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0013| DO PASS.
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0014| Respectfully submitted,
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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| Shannon Robinson, Chairman
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0020|
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0021|
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0022| Adopted_______________________ Not Adopted_______________________
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0023| (Chief Clerk) (Chief Clerk)
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0024|
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0025|
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0001| Date ________________________
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0002|
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0003|
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0004| The roll call vote was 3 For 2 Against
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0005| Yes: 3
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0006| No: Adair, Boitano
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0007| Excused: Feldman, Ingle, Vernon, Rodarte
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0008| Absent: None
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0009|
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0010|
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0011|
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0012| S1063PA2
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0013|
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0014| FORTY-THIRD LEGISLATURE
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0015| FIRST SESSION, 1997
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0016|
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0017|
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0018| March 20, 1997
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0019|
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0020| Mr. President:
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0021|
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0022| Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0023|
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0024| SENATE BILL 1063
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0025|
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0001| has had it under consideration and reports same with recommendation
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0002| that it DO NOT PASS, but that
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0003|
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0004| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR
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0005| SENATE BILL 1063
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0006|
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0007| DO PASS.
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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| Shannon Robinson, Chairman
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0014|
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0015|
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0016| Adopted_______________________ Not Adopted_______________________
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019|
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0020| Date ________________________
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0021|
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0022|
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0023| The roll call vote was 3 For 2 Against
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0024| Yes: 3
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0025| No: Adair, Boitano
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0001| Excused: Feldman, Ingle, Vernon, Rodarte
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0002| Absent: None
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0003|
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0004|
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0005|
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0006| S1063PA2
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