0001| HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR
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0002| HOUSE BILL 15
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0003| 43rd legislature - STATE OF NEW MEXICO - first special session, 1998
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0004|
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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|
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0011| AN ACT
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0012| RELATING TO ALCOHOLIC BEVERAGES; AUTHORIZING LOCAL OPTION
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0013| ELECTIONS REGARDING THE SALE OR DELIVERY OF ALCOHOLIC
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0014| BEVERAGES FROM DRIVE-UP WINDOWS; AUTHORIZING LICENSEES
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0015| OPERATING A DRIVE-UP WINDOW ON OR BEFORE APRIL 30, 1998 TO
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0016| APPLY PRIOR TO JULY 1, 2001 FOR A LICENSE RECLASSIFICATION
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0017| THAT ALLOWS INTER-LOCAL OPTION DISTRICT TRANSFERS; AMENDING
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0018| AND ENACTING SECTIONS OF THE LIQUOR CONTROL ACT; DECLARING AN
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0019| EMERGENCY.
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0020|
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0021| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0022| Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0023| Chapter 39, Section 47, as amended) is amended to read:
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0024| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0025| DRIVE-UP WINDOW SALES--CHRISTMAS DAY SALES--SUNDAY SALES FOR
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- 1 -0001| CONSUMPTION OFF THE LICENSED PREMISES--ELECTIONS.--
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0002| A. Alcoholic beverages shall be sold, served and
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0003| consumed on licensed premises only during the following hours
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0004| and days:
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0005| (1) on Mondays from 7:00 a.m. until midnight;
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0006| (2) on other weekdays from after midnight of
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0007| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0008| midnight, except as provided in Subsections D, E and H of this
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0009| section; and
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0010| (3) on Sundays only after midnight of the
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0011| previous day until 2:00 a.m., except as provided in
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0012| Subsections C and F of this section; provided, however,
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0013| nothing in this section shall prohibit the consumption at any
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0014| time of alcoholic beverages in guest rooms of hotels.
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0015| B. Alcoholic beverages shall be sold by a
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0016| dispenser or a retailer in unbroken packages, for consumption
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0017| off the licensed premises and not for resale, on Mondays
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0018| through Saturdays from 7:00 a.m. until 12:00 a.m. on the
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0019| following day except as provided in Subsections D, E and H of
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0020| this section.
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0021| C. Subject to the provisions of Subsections F and
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0022| I of this section, a dispenser, restaurant licensee or club
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0023| may, upon payment of an additional fee of one hundred dollars
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0024| ($100), obtain a permit to sell, serve or permit the
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0025| consumption of alcoholic beverages by the drink on the
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- 2 -0001| licensed premises on Sundays from 12:00 noon until midnight
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0002| and in those years when December 31 falls on a Sunday from 12:00
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0003| noon until 2:00 a.m. of the following day, except as otherwise
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0004| provided in Subsection F of this section. The permit shall
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0005| expire on June 30 of each year and may be renewed from year to
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0006| year upon application for renewal and payment of the required
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0007| fee. The permit fee shall not be prorated. Sales made pursuant
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0008| to this subsection or Subsection I of this section shall be
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0009| called "Sunday sales".
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0010| D. Retailers, dispensers, canopy licensees,
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0011| restaurant licensees, club licensees and governmental licensees
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0012| or [its] their lessees shall not sell, serve, deliver or
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0013| allow the consumption of alcoholic beverages on the licensed
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0014| premises during voting hours on the days of the primary election,
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0015| general election, elections for officers of a municipality or any
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0016| other election as prescribed by the rules and regulations of the
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0017| director.
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0018| E. Retailers, dispensers, canopy licensees that were
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0019| replaced by dispenser's licensees pursuant to Section 60-6B-16
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0020| NMSA 1978, restaurant licensees, club licensees and governmental
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0021| licensees or [its] their lessees shall not sell, serve,
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0022| deliver or allow the consumption of alcoholic beverages on the
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0023| licensed premises from 2:00 a.m. on Christmas day until 7:00 a.m.
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0024| on the day after Christmas, except as permitted pursuant to
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0025| Subsection H of this section.
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- 3 -0001| F. At the 1984 general election, the secretary of
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0002| state shall order placed on the ballot in each local option
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0003| district the question "Shall Sunday sales of alcoholic beverages
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0004| by the drink for consumption on the licensed premises of
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0005| licensees be allowed in this local option district?". If the
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0006| secretary of state determines a need, he may authorize the use of
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0007| paper ballots for the purpose of the election provided for
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0008| pursuant to this subsection. Until such election, Sunday sales
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0009| shall be permitted on the same basis in any local option district
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0010| as provided under any former act, and the election held at the
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0011| first general election following the effective date of the Liquor
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0012| Control Act shall have no effect on whether Sunday sales are
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0013| permitted in any local option district. If the question is
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0014| disapproved by a majority of those voting upon the question in
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0015| the local option district, Sunday sales shall be unlawful in that
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0016| local option district upon certification of the election returns,
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0017| and the question shall not again be placed on the ballot in that
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0018| local option district until:
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0019| (1) at least one year has passed; and
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0020| (2) a petition is filed with the local
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0021| governing body bearing the signatures of registered qualified
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0022| electors of the local option district equal in number to ten
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0023| percent of the number of votes cast and counted in the local
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0024| option district for governor in the last preceding general
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0025| election in which a governor was elected. The signatures on the
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- 4 -0001| petition shall be verified by the clerk of the county in which
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0002| the local option district is situated.
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0003| G. The local governing body of a local option
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0004| district [in an eligible county shall] may:
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0005| (1) adopt a resolution [within sixty days of
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April 7, 1989] calling for an election to place on the ballot
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0007| the question "Shall a retailer or dispenser be allowed to sell or
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0008| deliver alcoholic beverages [at any time] from a drive-up
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0009| window?";
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0010| (2) arrange for the election to be held
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0011| [within sixty days after the date the resolution is adopted]
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0012| in conjunction with the next regular election of the local
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0013| governing body or the next statewide general election following
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0014| adoption of the resolution; and
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0015| (3) ensure that the election is called,
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0016| conducted, counted and canvassed in the manner provided by law
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0017| for elections within the municipality or county that is the
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0018| local option district. The governing body of a local option
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0019| district that is a municipality may adopt a separate resolution
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0020| providing that an election on the question presented in this
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0021| subsection may be conducted at the next statewide general
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0022| election following adoption of the resolution calling for the
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0023| question to be placed on the ballot.
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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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- 5 - 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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0005| If a majority of the persons in the local option district
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0006| who vote upon the question vote to disallow the sale or delivery
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0007| of alcoholic beverages from a drive-up window, beginning on the
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0008| date three years after certification of the election returns, it
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0009| shall be a violation of the Liquor Control Act if a retailer or
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0010| dispenser sells or delivers alcoholic beverages from a drive-up
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0011| window.
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0012| H. On and after July 1, 1989, dispensers, canopy
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0013| licensees that were replaced by dispenser's licensees pursuant to
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0014| Section 60-6B-16 NMSA 1978, restaurant licensees, club licensees
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0015| and governmental licensees or lessees of these licensees may
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0016| sell, serve or allow the consumption of beer and wine with meals
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0017| on licensed premises from noon until 10:00 p.m. on Christmas day,
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0018| except in a local option district in which, pursuant to petition
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0019| and election under this subsection, a majority of the voters
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0020| voting on the question votes against continuing such sales or
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0021| consumption on Christmas day. An election shall be held on the
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0022| question of whether to continue to allow the sale, service or
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0023| consumption of beer and wine with meals on licensed premises from
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0024| noon until 10:00 p.m. on Christmas day in a local option
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0025| district, if a petition requesting the governing body of that
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- 6 -0001| district to call the election is signed by at least ten percent
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0002| of the registered voters of the district and is filed with the
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0003| clerk of the governing body of the district. Upon verification
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0004| by the clerk that the petition contains the required number of
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0005| signatures of registered voters, the governing body shall adopt a
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0006| resolution calling an election on the question of allowing the
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0007| sale, service or consumption of beer and wine with meals on
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0008| licensed premises from noon until 10:00 p.m. on Christmas day.
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0009| The election shall be held within sixty days after the date the
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0010| petition is verified, or it may be held in conjunction with a
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0011| regular election of the governing body if that election occurs
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0012| within sixty days of such verification. The election shall be
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0013| called, conducted, counted and canvassed in substantially the
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0014| same manner as provided for general elections in the county under
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0015| the Election Code or for special municipal elections in a
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0016| municipality under the Municipal Election Code. If a majority of
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0017| the voters voting on the question votes against continuing the
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0018| sale, service or consumption of beer and wine with meals on
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0019| licensed premises from noon until 10:00 p.m. on Christmas day,
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0020| then such sales and consumption shall be prohibited. If a
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0021| majority of the voters voting on the question votes to allow
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0022| continued sale, service and consumption of beer and wine with
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0023| meals on licensed premises from noon until 10:00 p.m. on
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0024| Christmas day, then such sales and consumption shall be allowed
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0025| to continue. The question then shall not be submitted again to
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- 7 -0001| the voters within two years of the date of the last election on
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0002| the question.
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0003| I. Notwithstanding the provisions of Subsection F of
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0004| this section, any Indian tribe or pueblo whose lands are wholly
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0005| situated within the state that has, by statute, ordinance or
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0006| resolution, elected to permit the sale, possession or consumption
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0007| of alcoholic beverages on lands within the territorial boundaries
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0008| of the tribe or pueblo may, by statute, ordinance or resolution
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0009| of the governing body of the Indian tribe or pueblo, permit
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0010| Sunday sales by the drink on the licensed premises of licensees
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0011| on lands within the territorial boundaries of the tribe or
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0012| pueblo; provided that a certified copy of such enactment is filed
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0013| with the office of the director and of the secretary of state.
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0014| J. Subject to the provisions of Subsection K of this
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0015| section, a dispenser or retailer, upon payment of an additional
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0016| fee of one hundred dollars ($100), may obtain a permit to sell
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0017| alcoholic beverages in unbroken packages for consumption off the
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0018| licensed premises on Sundays from 12:00 noon until midnight, and
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0019| in those years when December 31 falls on a Sunday, from 12:00
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0020| noon on December 31 until 2:00 a.m. of the following day. The
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0021| permit shall expire on June 30 of each year and may be renewed
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0022| from year to year upon application for renewal and payment of the
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0023| required fee. The permit fee shall not be prorated. Sales made
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0024| pursuant to the provisions of this subsection shall be called
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0025| "Sunday package sales".
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- 8 -0001| K. If a petition requesting the governing body of a
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0002| local option district to call an election on the question of
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0003| continuing to allow sales of alcoholic beverages in unbroken
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0004| packages for consumption off the licensed premises on Sundays is
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0005| filed with the clerk of the governing body and that petition is
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0006| signed by at least ten percent of the number of registered voters
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0007| of the local option district and the clerk of the governing body
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0008| verifies the petition signatures, the governing body shall adopt
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0009| a resolution calling an election on the question. The election
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0010| shall be held within sixty days of the date the petition is
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0011| verified, or it may be held in conjunction with a regular
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0012| election of the governing body, if the regular election occurs
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0013| within sixty days of the petition verification. The election
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0014| shall be called, conducted, counted and canvassed substantially
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0015| in the manner provided by law for general elections within a
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0016| county or special municipal elections within a municipality. If
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0017| a majority of the voters of the local option district voting in
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0018| the election votes to allow the sale of alcoholic beverages in
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0019| unbroken packages for consumption off the licensed premises, then
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0020| those sales shall continue to be allowed. If a majority of the
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0021| voters of the local option district voting in the election votes
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0022| not to allow the Sunday package sales, then those Sunday
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0023| package sales shall be prohibited commencing the first Sunday
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0024| after the results of the election are certified. Following the
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0025| election, the question of allowing the Sunday package sales
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- 9 -0001| shall not be submitted again to the voters within two years of
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0002| the date of the last election on the question."
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0003| Section 2. A new section of the Liquor Control Act is
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0004| enacted to read:
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0005| "[NEW MATERIAL] LICENSEES AUTHORIZED FOR DRIVE-UP WINDOW
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0006| SALES--OPTIONAL RECLASSIFICATION OF LICENSE TO PERMIT INTER-LOCAL
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0007| OPTION DISTRICT TRANSFERS--APPLICATION FEE.--
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0008| A. Notwithstanding any other provision of the Liquor
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0009| Control Act to the contrary, a licensee authorized to sell
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0010| alcoholic beverages from a drive-up window on April 30, 1998
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0011| shall have the option prior to July 1, 2001 to apply for and be
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0012| granted reclassification of that license. A license reclassified
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0013| pursuant to this section may be transferred to any location
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0014| within the state, subject to the provisions of this section.
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0015| B. A license reclassified pursuant to Subsection A
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0016| of this section may be transferred to any location within the
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0017| state without regard to the limitations on the maximum number of
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0018| licenses provided in Section 60-6A-18 NMSA 1978, but is subject
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0019| to the approval of transferring locations of such licenses of the
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0020| governing body for that location, and provided all the
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0021| requirements of the Liquor Control Act and department regulations
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0022| for the transfer of licenses are fulfilled, and provided further:
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0023| (1) the transfer of location, regardless of the
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0024| number of dispenser's and retailer's licenses allowed by law in
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0025| the local option district from which the license will be
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- 10 -0001| transferred, shall not result in the creation of a new license to
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0002| be issued;
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0003| (2) the dispenser's or retailer's licenses
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0004| transferred pursuant to this section shall count in the
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0005| computation of the limitation of the maximum number of licenses
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0006| that may be issued in the future in any local option district as
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0007| provided in Section 60-6A-18 NMSA 1978 for the purpose of
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0008| determining whether additional licenses may be issued in the
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0009| local option district under the provisions of Subsection H of
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0010| Section 60-6B-2 NMSA 1978; and
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0011| (3) when a license reclassified pursuant to
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0012| Subsection A of this section is transferred, the licensee is
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0013| entitled to sell alcoholic beverages both by the drink for
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0014| consumption on the licensed premises and in unbroken packages for
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0015| consumption and not for resale off the licensed premises.
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0016| C. Upon reclassification of a license pursuant to the
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0017| provisions of this section, a licensee's drive-up window shall be
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0018| permanently closed.
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0019| D. Every application for the reclassification of a
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0020| license shall be accompanied by a reclassification fee of two
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0021| hundred dollars ($200)."
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0022| Section 3. EMERGENCY.--It is necessary for the public
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0023| peace, health and safety that this act take effect immediately.
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0024|
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