45th legislature - STATE OF NEW MEXICO - first session, 2001

RELATING TO THE STATE FAIR; PROVIDING FOR A PUBLIC HEARING AND COMPLIANCE WITH MUNICIPAL ZONING BY THE STATE FAIR COMMISSION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 16-6-4 NMSA 1978 (being Laws 1913, Chapter 46, Section 4, as amended) is amended to read:

"16-6-4. POWERS AND DUTIES OF COMMISSION--ANNUAL FAIR--EXHIBITS--PREMIUMS.--

A. The state fair commission shall have power and authority to hold annually on suitable grounds a state fair at which shall be exhibited livestock, poultry, vegetables, fruits, grains, grasses and other farm products, minerals, ores and other mining exhibits, mining machinery and farm implements and all other things which the commissioners or a majority thereof deem consonant with the purposes of a state fair for the purposes of advancing the agricultural, horticultural and stock raising, mining, mechanical and industrial pursuits of the state and shall have the care of its property and be entrusted with the entire direction of its business and its financial affairs consistent with the provisions of Sections 16-6-15 and 16-6-16 NMSA 1978.

B. The state fair commission, among other duties, shall prepare, adopt, publish and enforce all necessary rules for the management of the New Mexico state fair, its meetings and exhibitions and for the guidance of its officers, employees and exhibitors. The commission shall determine the duties, compensation and tenure of office of all of its officers and employees and may remove from office or discharge any person appointed or employed by it at will and shall have the power to appoint all necessary fairgrounds police to keep order on the grounds and in the buildings of the state fair. The fairgrounds police so appointed shall be vested with the same authority for such purposes as peace officers. The commission shall have the power to charge entrance fees and admissions and lease stalls, stand and restaurant sites, give prizes and premiums, arrange entertainments and do all things which by the commission may be considered proper for the conduct of the state fair not otherwise prohibited by law. The commission shall prohibit the sale or consumption of alcoholic beverages on the grounds of the state fair except in controlled access areas within the licensed premises. The commission or its designees shall meet with the director of the alcohol and gaming division of the department of regulation and licensing and other parties in interest to designate the controlled access areas on which the sale and consumption of alcoholic beverages may be permitted. As used in this subsection, "alcoholic beverages" means distilled or rectified spirits, potable alcohol, brandy, whiskey, rum, gin and aromatic bitters bearing the federal internal revenue strip stamps or any similar alcoholic beverage, including blended or fermented beverages, dilutions or mixtures of one or more of the foregoing containing more than one-half of one percent alcohol, but excluding medicinal bitters.

C. Pursuant to the provisions of this section, the state fair commission shall perform an assessment of the impacts of an expansion or redevelopment of the state fair grounds or a substantial modification of the fair grounds plan. The assessment shall include the impact on air quality, traffic, noise, the economy to surrounding businesses and neighborhood social conditions. The assessment shall be published and made available on request to members of the public at least thirty days prior to the public hearing required pursuant to Subsection D of this section.

D. The state fair commission shall hold a public hearing on a plan for expansion or redevelopment of the state fair grounds or a substantial modification of a plan. The commission shall provide for public notice of a plan and the public hearing by publication in a newspaper having a general circulation in the county pursuant to Section 14-11-2 NMSA 1978. The notice shall describe the time, date, place and purpose of the hearing and shall generally identify the proposed change to the fair grounds.

E. Following the public hearing, the state fair commission may approve a plan if it finds that the plan conforms to the general plan for the municipality, its zoning ordinance, transportation plan and other applicable laws and regulations concerning development.

F. Any person adversely affected by an action taken by the state fair commission may appeal the action to the district court pursuant to the provisions of Section 39-3-1.1 NMSA 1978."