0001| SENATE PUBLIC AFFAIRS COMMITTEE SUBSTITUTE FOR | 0002| SENATE BILL 1264 | 0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997 | 0004| | 0005| | 0006| | 0007| | 0008| | 0009| | 0010| | 0011| AN ACT | 0012| RELATING TO THE PUBLIC PEACE, HEALTH, SAFETY AND WELFARE; | 0013| AMENDING A SECTION OF THE LIQUOR CONTROL ACT TO AUTHORIZE A | 0014| LICENSEE DISPENSING ALCOHOLIC BEVERAGES AT A CHURCH'S PUBLIC | 0015| CELEBRATION TO DONATE PROFITS FROM THOSE SALES TO THE CHURCH | 0016| AND TO ALLOW SERVERS OF ALCOHOLIC BEVERAGES TO DONATE TO THE | 0017| CHURCH THEIR SERVICES AT THAT CELEBRATION. | 0018| | 0019| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0020| Section 1. Section 60-6A-12 NMSA 1978 (being Laws 1981, | 0021| Chapter 39, Section 29, as amended) is amended to read: | 0022| "60-6A-12. SPECIAL DISPENSER'S PERMITS--STATE AND LOCAL | 0023| FEES.-- | 0024| A. Any person holding a dispenser's license in any | 0025| local option district where a public celebration is to be held | 0001| may dispense alcoholic beverages at the public celebration upon | 0002| receiving written approval from the board or other governing | 0003| body in charge of the public celebration and upon the payment | 0004| of fifty dollars ($50.00) to the department for a special | 0005| dispenser's permit. | 0006| B. As used in this section, "public celebration" | 0007| includes any state fair, county fair, community fiesta, | 0008| cultural or artistic performance or professional athletic | 0009| competition of a seasonal nature or activities held on an | 0010| intermittent basis. | 0011| C. In addition to the state fee and if previously | 0012| provided for by ordinance, the governing body of the local | 0013| option district in which the public celebration is held may | 0014| charge an additional fee not to exceed twenty-five dollars | 0015| ($25.00) per day for each day the permittee dispenses alcoholic | 0016| beverages. The permittee shall be subject to all state laws | 0017| and regulations and all local regulations regulating | 0018| dispenser's privileges and disabilities. All fees collected by | 0019| the governing body of the local option district may be used to | 0020| fund free-ride home programs. | 0021| D. Any person holding a dispenser's license may be | 0022| issued a special dispenser's permit by the director allowing | 0023| the dispensing of alcoholic beverages at a function catered by | 0024| that business, provided the governing body of the local option | 0025| district has given the person seeking the permit written | 0001| approval to dispense alcoholic beverages at the catered | 0002| function. The permit shall be valid for no more than twelve | 0003| hours. To apply for the permit, the holder of a dispenser's | 0004| license shall submit a fee of twenty-five dollars ($25.00), | 0005| together with such information as the director may require. The | 0006| permittee shall be subject to all state laws and regulations and | 0007| all local regulations except that the permittee shall not be | 0008| required to suspend the dispensing of alcoholic beverages at the | 0009| licensed premises solely because of the issuance of the special | 0010| dispenser's permit. | 0011| E. A special dispenser's permit shall not be issued if | 0012| the application for the permit was received by the department less | 0013| than ten days prior to the function for which the permit was | 0014| sought. The person holding a dispenser's license and his | 0015| employees shall be the only persons permitted to dispense alcohol | 0016| during the function. Issuance of the special dispenser's permit | 0017| is within the director's discretion and is subject to any | 0018| reasonable requirements imposed by the director. | 0019| F. Any person holding a dispenser's license in a local | 0020| option district in which Sunday sales of alcoholic beverages are | 0021| not otherwise permitted under the Liquor Control Act may dispense | 0022| beer and wine on Sunday at any public celebration for which it has | 0023| received a concession from the board or other governing body in | 0024| charge of the public celebration, provided the governing body of | 0025| that local option district has by resolution expressly permitted | 0001| such beer and wine sales on Sunday at that public celebration in | 0002| accordance with the provisions of this section. | 0003| G. Any person holding a dispenser's license who | 0004| dispenses alcoholic beverages at a church's public celebration | 0005| under a special dispenser's permit pursuant to this section may | 0006| donate to the church holding the public celebration any portion of | 0007| the profits from the sale of alcoholic beverages at that public | 0008| celebration. Employees of that dispenser or other individuals who | 0009| have completed a certified alcohol server training program may | 0010| donate to the church holding a public celebration their services | 0011| as servers of alcoholic beverages at that public celebration." | 0012|  |