FORTY-THIRD LEGISLATURE
FIRST SESSION
March 16, 1997
SENATE FLOOR AMENDMENT number _______ to HOUSE BILL 17, as amended
Amendment sponsored by Senator Manny M. Aragon
1. Strike House Judiciary Committee Amendments 2 and 3.
2. On page 1, lines 11 and 12, strike "AUTHORIZING LOCAL
OPTION ELECTIONS REGARDING" and insert in lieu thereof
"PROHIBITING".
3. On page 1, line 12, after the semicolon insert "CREATING
COMPENSATING LICENSES;".
4. On page 1, line 13, strike "A SECTION" and insert in lieu
thereof "AND ENACTING SECTIONS".
5. On pages 1 through 9, strike Section 1 in its entirety and
insert in lieu thereof the following:
"Section 1. A new section of the Liquor Control Act is enacted
to read:
"[NEW MATERIAL] COMPENSATING LICENSES.--
A. Beginning January 1, 1998 the sale or delivery of
alcoholic beverages through a drive-up window of a licensee is
prohibited.
B. A licensee whose sales or deliveries of alcoholic
beverages from his licensed premises prior to January 1, 1998 are
conducted through his drive-up window may apply by July 1, 1998 to
the director for a compensating license.
C. A compensating license:
(1) permits the licensee to sell alcoholic beverages
in unbroken packages for consumption off premises except if issued
to a hotel as provided in this section;
(2) may be reserved in the name of a licensee
qualified to receive a compensating license for no longer than
thirty-six months following the date that the licensee applies for
the compensating license, but the compensating license shall be
voided and shall not be issued to any person if no license
application has been made identifying the proposed premises for
which the compensating license will be used within that thirty-six
month period;
(3) may be sold or transferred to a second owner or
transferred to a new premises only one time after an application has
been made to reserve the compensating license and may be located in
any local option district in the state, notwithstanding the quota
provisions of the Liquor Control Act;
(4) is subject to all administrative processes
required by the Liquor Control Act to locate a new license in a
local option district; and
(5) if issued or sold to a hotel, may be converted to
a dispenser's license without the package sale privileges, but may
not be transferred from the licensed premises for which the
conversion was made.
D. The director shall not charge a license fee for a
compensating license while it is held in reserve for a licensee. A
license fee shall be due and payable by the new licensee when the
license is sold or transferred to a new owner or when the licensee
opens a licensed premises pursuant to the compensating license.
E. As used in this section, "compensating license" means a
retailer's license or in some limited cases, a dispenser's license,
that is reserved for or issued to a licensee by the department to
compensate that licensee for the loss he may suffer when required to
permanently close a drive-up window and cease selling or delivering
alcoholic beverages through that drive-up window on January 1,
1998."
Section 2. Section 60-6A-15 NMSA 1978 (being Laws 1981,
Chapter 39, Section 32, as amended) is amended to read:
"60-6A-15. LICENSE FEES.--Every application for the issuance
or annual renewal of the following licenses shall be accompanied by
a license fee in the following specified amounts:
A. manufacturer's license as a distiller, except a brandy
manufacturer, three thousand dollars ($3,000);
B. manufacturer's license as a brewer, three thousand
dollars ($3,000);
C. manufacturer's license as a rectifier, one thousand
fifty dollars ($1,050);
D. wholesaler's license to sell all alcoholic beverages
for resale only, two thousand five hundred dollars ($2,500);
E. wholesaler's license to sell spirituous liquors and
wine for resale only, one thousand seven hundred fifty dollars
($1,750);
F. wholesaler's license to sell spirituous liquors for
resale only, one thousand five hundred dollars ($1,500);
G. wholesaler's license to sell beer and wine for resale
only, one thousand five hundred dollars ($1,500);
H. wholesaler's license to sell beer for resale only, one
thousand dollars ($1,000);
I. wholesaler's license to sell wine for resale only,
seven hundred fifty dollars ($750);
J. retailer's license, one thousand two hundred fifty
dollars ($1,250);
K. dispenser's license, one thousand two hundred fifty
dollars ($1,250);
L. canopy license, one thousand two hundred fifty dollars
($1,250);
M. restaurant license, one thousand dollars ($1,000);
N. club license, one thousand two hundred fifty dollars
($1,250);
O. wine bottler's license to sell to wholesalers only,
five hundred dollars ($500);
P. public service license, one thousand two hundred fifty
dollars ($1,250);
Q. nonresident licenses, for a total billing to New Mexico
wholesalers in excess of:
$3,000,000 annually. . . . . . . . . . . . . . . . $3,500;
1,000,000 annually. . . . . . . . . . . . . . . . 1,750;
500,000 annually. . . . . . . . . . . . . . . . 1,250;
200,000 annually. . . . . . . . . . . . . . . . 900;
100,000 annually. . . . . . . . . . . . . . . . 600; and
50,000 or less annually. . . . . . . . . . . . 300;
R. wine wholesaler's license, for persons with sales of
five thousand gallons of wine per year or less, twenty-five dollars
($25.00), and for persons with sales in excess of five thousand
gallons of wine per year, one hundred dollars ($100); [and]
S. beer bottler's license, two hundred dollars ($200); and
T. compensating license, one thousand two hundred fifty
dollars ($1,250)."".
6. Renumber the succeeding section accordingly.
__________________________
Manny M. Aragon
Adopted ___________________ Not Adopted _______________________
(Chief Clerk) (Chief Clerk)
Date _________________