46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO ALCOHOL; PROHIBITING THE RETAIL SALE OF ALCOHOLIC BEVERAGES TO PERSONS CONVICTED A FOURTH OR SUBSEQUENT TIME OF DRIVING WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; REQUIRING THE MOTOR VEHICLE DIVISION TO ESTABLISH A DATABASE AND PROCEDURE FOR LICENSED RETAIL LIQUOR DISTRIBUTORS TO DETERMINE IF A PERSON IS PROHIBITED FROM THE RETAIL PURCHASE OF ALCOHOLIC BEVERAGES; ENACTING A NEW SECTION OF THE LIQUOR CONTROL ACT; AMENDING SECTIONS OF THE MOTOR VEHICLE CODE.

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

Section 1. A new section of the Liquor Control Act is enacted to read:

"[NEW MATERIAL] PROHIBITED RETAIL SALES--PENALTIES.--

A. It is a violation of the Liquor Control Act for a person who has had a fourth or subsequent conviction for driving while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-102 NMSA 1978, to purchase alcoholic beverages from a retailer for a period of one year after the fourth or subsequent conviction.

B. It is a violation of the Liquor Control Act for a licensed retailer to sell alcoholic beverages to a person who has had a fourth or subsequent conviction for driving while under the influence of intoxicating liquor or drugs, as provided in Section 66-8-102 NMSA 1978, for a period of one year after the fourth or subsequent conviction.

C. A licensed retailer, his employee or agent shall require the purchaser of alcoholic beverages to show identification in the form of a driver's license or identification card. If the driver's license or identification card is issued by this state, the seller shall determine, in a manner established by the motor vehicle division of the taxation and revenue department, if the purchaser is restricted from the purchase of alcoholic beverages as a result of multiple convictions for driving while under the influence of intoxicating liquor or drugs. A licensed retailer, his employee or agent shall be relieved of this requirement if the driver's license or identification card is not issued by this state.

D. A person who gives, loans, sells or delivers an identification card to a person unable to purchase alcoholic beverages under this section with the knowledge that the person intends to use the identification card for the purpose of purchasing alcoholic beverages is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

E. A person who knowingly purchases alcoholic beverages for a person unable to purchase alcoholic beverages under this section is guilty of a petty misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978."

Section 2. Section 66-5-15 NMSA 1978 (being Laws 1978, Chapter 35, Section 237, as amended) is amended to read:

"66-5-15. LICENSES ISSUED TO APPLICANTS.--

A. The department shall, upon payment of the required fee, issue to every qualified applicant a driver's license as applied for, which license shall bear the full name, date of birth, New Mexico residence address, [and] a brief description of the licensee and the signature of the licensee. No license shall be valid unless it bears the signature of the licensee.

B. The license shall have a magnetic code, or other marking as determined by the department, that will allow a licensed retailer of alcoholic beverages to determine if the licensee is not authorized to purchase alcoholic beverages as a result of multiple convictions for driving while under the influence of intoxicating liquor or drugs."

Section 3. Section 66-5-23 NMSA 1978 (being Laws 1978, Chapter 35, Section 245, as amended) is amended to read:

"66-5-23. RECORDS TO BE KEPT BY THE DIVISION.--

A. The division shall file every application for a driver's license or a commercial driver's license pursuant to the provisions of the New Mexico Commercial Driver's License Act received by it and shall maintain suitable indexes containing:

(1) all applications denied and, on each, note the reasons for denial;

(2) all applications granted;

(3) the name of every licensee whose license has been suspended or revoked by the division and, after each, note the reasons for the action; and

(4) the name of every licensee who has violated his written promise to appear in court.

B. The division shall also file all abstracts of court records of conviction or reports from the trial courts of this state [received by it], which show [either that] whether a driver is a first offender or a subsequent offender and whether that offender was represented by counsel or waived the right to counsel, [received by it under the laws of this state, with attention to] and shall comply with the provisions of Article III of the Driver License Compact [and in connection therewith]. The division shall maintain convenient records or make suitable notations in order that the individual record of each licensee, showing the convictions of the licensee [in which he has been involved], shall be readily ascertainable and available for the consideration of the division upon any application for renewal of license, in determining if the licensee is prohibited from the purchase of alcoholic beverages and at other suitable times."

Section 4. Section 66-5-405 NMSA 1978 (being Laws 1978, Chapter 35, Section 332, as amended) is amended to read:

"66-5-405. CONTENTS OF CARD.--

A. The identification card shall adequately describe the registrant and bear his picture, which shall show a full face or front view for all registrants. All identification cards of persons under the age of twenty-one years shall have a printed legend indicating that the person is under twenty-one. The identification card shall bear the following statement:

"STATE OF NEW MEXICO IDENTIFICATION

CARD NO.____________

This card is provided solely for the purpose of establishing that the bearer described on the card was not the holder of a New Mexico driver's license as of the date of issuance of this card. This identification card is not a license. ISSUED FOR IDENTIFICATION PURPOSES ONLY.".

B. The identification card shall have a magnetic code, or other marking as determined by the department, that will allow a licensed retailer of alcoholic beverages to determine if the holder is not authorized to purchase alcoholic beverages as a result of multiple convictions for driving while under the influence of intoxicating liquor or drugs."

Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.