SENATE BILL 94

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

William P. Soules

AN ACT

RELATING TO LIQUOR CONTROL; PROVIDING THAT A LOCAL OPTION DISTRICT MAY HOLD AN ELECTION TO ALLOW THE SALE OF NEW MEXICO-PRODUCED DISTILLED SPIRITS BY RESTAURANT LICENSEES.

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

     SECTION 1. Section 60-6A-4 NMSA 1978 (being Laws 1981, Chapter 39, Section 21, as amended) is amended to read:

     "60-6A-4. RESTAURANT LICENSE.--

          A. [At any time after the effective date of the Liquor Control Act] On and after July 1, 2016, a local option district may approve the issuance of restaurant licenses for the sale of beer and wine or for the sale of beer and wine and New Mexico-produced distilled spirits by holding an election on [that] either question pursuant to the procedures set out in Section 60-5A-1 NMSA 1978. The election also may be initiated by a resolution adopted by the governing body of the local option district without a petition from registered qualified electors having been submitted.

          B. After the approval of restaurant licenses by the registered qualified electors of the local option district and upon completion of all requirements in the Liquor Control Act for the issuance of licenses, a restaurant located or to be located within the local option district may receive a restaurant license to sell, serve or allow the consumption of beer and wine, and New Mexico-produced distilled spirits, if applicable, subject to the following requirements and restrictions:

                (1) the applicant shall submit evidence to the department that [he] the applicant has a current valid food service establishment permit;

                (2) the applicant shall satisfy the director that the primary source of revenue from the operation of the restaurant will be derived from meals and not from the sale of beer and wine, and New Mexico-produced distilled spirits, if applicable;

                (3) the director shall condition renewal upon a requirement that no less than sixty percent of gross receipts from the preceding twelve months' operation of the licensed restaurant was derived from the sale of meals;

                (4) upon application for renewal, the licensee shall submit an annual report to the director indicating the annual gross receipts from the sale of meals and from the sale of beer and wine [sales], and New Mexico-produced distilled spirits, if applicable;

                (5) restaurant licensees shall not sell beer and wine, and New Mexico-produced distilled spirits, if applicable, for consumption off the licensed premises;

                (6) all sales, services and consumption of beer and wine, and New Mexico-produced distilled spirits, if applicable, authorized by a restaurant license shall cease at the time meals sales and services cease or at 11:00 p.m., whichever time is earlier;

                (7) if Sunday sales have been approved in the local option district, a restaurant licensee may serve beer and wine, and New Mexico-produced distilled spirits, if applicable, on Sundays until the time meals sales and services cease or 11:00 p.m., whichever time is earlier; and

                (8) a restaurant license shall not be transferable from person to person or from one location to another.

          C. The provisions of Section 60-6A-18 NMSA 1978 shall not apply to restaurant licenses.

          D. Nothing in this section shall prevent a restaurant licensee from receiving other licenses pursuant to the Liquor Control Act.

          E. A local option district's approval of the issuance of restaurant licenses that allow the sale of beer and wine and New Mexico-produced distilled spirits shall apply to all restaurant licenses issued in that local option district."

- 4 -