2005 Senate Bill text for SB0768

SENATE BILL 768

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

Leonard Tsosie

AN ACT

RELATING TO LICENSING; PROVIDING FOR A CITIZEN REFERENDUM ON THE ISSUANCE OR TRANSFER OF LIQUOR LICENSES; AMENDING AND ENACTING SECTIONS OF THE LIQUOR CONTROL ACT.

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

Section 1. Section 60-6B-4 NMSA 1978 (being Laws 1981, Chapter 39, Section 40) is amended to read:

"60-6B-4. ISSUANCE OR TRANSFER OF LICENSE--APPROVAL OF APPROPRIATE GOVERNING BODY.--

A. Prior to the approval of the issuance of a new license, and prior to the approval of any transfer permitted by Section [39 or 113 of the Liquor Control Act] 60-6B-3 or 60-6B-12 NMSA 1978, the director shall notify the governing body of his preliminary approval of the issuance or transfer of the license. Notice to the governing body shall be by certified mail.

B. A governing body which has received a notice of preliminary approval of the issuance or transfer of a license from the department may approve or disapprove the issuance or transfer of the license in accordance with the provisions of this section.

C. Within forty-five days after receipt of a notice of preliminary approval from the department, the governing body shall hold a public hearing on the question of whether the department should approve the proposed issuance or transfer.

D. Notice of the public hearing required by Subsection C of this section shall be given by the governing body by:

(1) publishing a notice of the date, time and place of the hearing at least once a week for two consecutive weeks in a newspaper of general circulation within the territorial limits of the governing body. The notice shall set forth:

(a) the name and address of the licensee;

(b) the action proposed to be taken by the department;

(d) such other information as may be required by the department; and

(2) sending a notice by certified mail to the applicant of the date, time and place of the public hearing.

E. The governing body may designate a hearing officer to conduct the hearing. A record shall be made of the hearing.

F. The governing body [may] shall disapprove the issuance or transfer of the license if:

(1) the proposed location is within an area where the sale of alcoholic beverages is prohibited by the laws of New Mexico;

(2) the issuance or transfer would be in violation of a zoning or other ordinance of the governing body; or

(3) the issuance or transfer would be detrimental to the public health, safety or morals of the residents of the local option district.

G. Within thirty days after the public hearing, the governing body shall notify the department as to whether the governing body has approved or disapproved the proposed issuance or transfer of the license. If the governing body fails to either approve or disapprove the issuance or transfer of the license within thirty days after the public hearing, the director may give final approval to the issuance or transfer of the license.

H. If the governing body disapproves the issuance or transfer of the license, it shall notify the department within the time required by Subsection G of this section setting forth the reasons for the disapproval. A copy of the minutes of the public hearing shall be submitted to the department by the governing body with the notice of disapproval. If the governing body disapproves of the issuance or transfer of the license, the director shall disapprove the issuance or transfer of the license.

I. If the governing body approves the issuance or transfer of the license, it shall notify the department within the time required by Subsection G of this section of its approval. If the governing body approves of the issuance or transfer of the license, the director shall approve the issuance or transfer of the license.

J. The provisions of Subsections F, G, H and I of this section shall not apply if a petition is filed pursuant to Section 60-6B-4.1 NMSA 1978."

Section 2. A new section of the Liquor Control Act, Section 60-6B-4.1 NMSA 1978, is enacted to read:

"60-6B-4.1. [NEW MATERIAL] CITIZEN REFERENDUM--PROCEDURES.--

A. If, prior to the conclusion of the public hearing required in Subsection C of Section 60-6B-4 NMSA 1978, the governing body of a county receives a petition, signed by more than twenty percent of the number of voters who voted at the previous regular county election, requesting a referendum on the approval or disapproval of the issuance of a new license or transfer of an existing license, the question shall be put on the ballot at the next general election.

B. If, prior to the conclusion of the public hearing required in Subsection C of Section 60-6B-4 NMSA 1978, the governing body of a municipality receives a petition, signed by more than twenty percent of the number of voters who voted at the previous regular municipal election, requesting a referendum on the approval or disapproval of the issuance of a new license or transfer of an existing license, the question shall be put on the ballot at the next general election.

C. Upon certification of the results of the referendum required pursuant to Subsection A or B of this section, the certifying officer shall notify the department of the results of the referendum.

D. If the results of the referendum required pursuant to Subsection A or B of this section are in favor of the approval of the issuance of a new license or transfer of an existing license, the director shall approve the issuance or transfer of the license.

E. If the results of the referendum required pursuant to Subsection A or B of this section are not in favor of the approval of the issuance of a new license or transfer of an existing license, the director shall disapprove the issuance or transfer of the license."

Section 3. APPLICABILITY.--The provisions of this act shall apply to applications for the issuance or transfer of liquor licenses submitted to the director on or after the effective date of this act.

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