0001| SENATE BILL 373
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| CISCO MCSORLEY
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO ALCOHOLIC BEVERAGES; MAKING IT A VIOLATION OF THE
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0012| LIQUOR CONTROL ACT TO SELL ALCOHOLIC BEVERAGES AT A DRIVE-UP
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0013| WINDOW; AMENDING SECTIONS OF THE LIQUOR CONTROL ACT.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 60-6C-1 NMSA 1978 (being Laws 1981,
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0017| Chapter 39, Section 97, as amended) is amended to read:
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0018| "60-6C-1. GROUNDS FOR SUSPENSION, REVOCATION OR
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0019| ADMINISTRATIVE FINE--REPORTING REQUIREMENT.--
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0020| A. The director may suspend or revoke the license
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0021| or permit or fine the licensee in an amount not more than ten
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0022| thousand dollars ($10,000), or both, when he finds that any
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0023| licensee has:
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0024| (1) violated any provision of the Liquor
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0025| Control Act or any regulation or order promulgated pursuant to
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0001| that act;
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0002| (2) been convicted of a felony pursuant to the
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0003| provisions of the Criminal Code, the Liquor Control Act or
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0004| federal law; or
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0005| (3) permitted his licensed premises to remain
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0006| a public nuisance in the neighborhood where it is located after
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0007| written notice from the director that investigation by the
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0008| department has revealed that the establishment is a public
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0009| nuisance in the neighborhood.
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0010| B. The director shall suspend or revoke the license
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0011| or permit and may fine the licensee in an amount not to exceed
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0012| ten thousand dollars ($10,000), or both, when he finds that any
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0013| licensee or:
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0014| (1) his employee or agent knowingly has sold,
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0015| served or given any alcoholic beverage to a minor in violation
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0016| of Section 60-7B-1 NMSA 1978 or to an intoxicated person in
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0017| violation of Section 60-7A-16 NMSA 1978, on two separate
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0018| occasions within any twelve-month period; or
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0019| (2) his agent has made any material false
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0020| statement or concealed any material facts in his application
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0021| for the license or permit granted him pursuant to the
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0022| provisions of the Liquor Control Act.
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0023| [C. In addition to other penalties provided in
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this section, any retailer or dispenser who violates the
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provisions of Section 60-7A-16 or 60-7B-1 NMSA 1978 by selling,
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serving or delivering alcoholic beverages to an intoxicated
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person or a minor through a drive-up window at a minimum shall
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have:
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(1) upon a first violation of this subsection,
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the privilege to sell alcoholic beverages or any other goods
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from his drive-up window suspended by the director for a period
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of two weeks;
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(2) upon a second violation of this
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subsection, the privilege to sell alcoholic beverages or any
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other goods from his drive-up window suspended by the director
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for a period of thirty days;
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(3) upon a third violation of this subsection,
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the privilege to sell alcoholic beverages or any other goods
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from his drive-up window suspended by the director for a period
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of sixty days; and
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(4) upon a fourth violation of this subsection
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within two years of any other violations of Section 60-7A-16 or
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60-7B-1 NMSA 1978, the privilege to sell alcoholic beverages or
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any other goods from his drive-up window revoked by the
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director and the drive-up window permanently closed.
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D.] C. Any licensee aggrieved by a revocation,
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0022| suspension or fine proposed to be imposed by the director
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0023| pursuant to this section shall be entitled to the hearing
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0024| procedures set forth in [Article 6C of Chapter 60] Chapter
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0025| 60, Article 6C NMSA 1978 before the revocation, suspension or
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0001| fine shall be effective.
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0002| [E.] D. Any charge filed against a licensee by
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0003| the department and the resulting disposition of the charge
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0004| shall be reported to the department of public safety and local
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0005| law enforcement agencies whose jurisdictions include the
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0006| licensed establishment."
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0007| Section 2. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0008| Chapter 39, Section 47, as amended) is amended to read:
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0009| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0010| CHRISTMAS DAY SALES--SUNDAY SALES FOR CONSUMPTION OFF THE
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0011| LICENSED PREMISES--ELECTIONS.--
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0012| A. Alcoholic beverages shall be sold, served and
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0013| consumed on licensed premises only during the following hours
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0014| and days:
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0015| (1) on Mondays from 7:00 a.m. until midnight;
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0016| (2) on other weekdays from after midnight of
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0017| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0018| midnight, except as provided in Subsections D, E and [H] G
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0019| of this section; and
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0020| (3) on Sundays only after midnight of the
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0021| previous day until 2:00 a.m., except as provided in Subsections
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0022| C and F of this section; provided, however, nothing in this
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0023| section shall prohibit the consumption at any time of alcoholic
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0024| beverages in guest rooms of hotels.
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0025| B. Alcoholic beverages shall be sold by a dispenser
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0001| or a retailer in unbroken packages, for consumption off the
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0002| licensed premises and not for resale, on Mondays through
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0003| Saturdays from 7:00 a.m. until 12:00 a.m. on the following day
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0004| except as provided in Subsections D, E and [H] G of this
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0005| section.
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0006| C. Subject to the provisions of Subsections F and
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0007| [H] G of this section, a dispenser, restaurant licensee or
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0008| club may, upon payment of an additional fee of one hundred
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0009| dollars ($100), obtain a permit to sell, serve or permit the
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0010| consumption of alcoholic beverages by the drink on the licensed
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0011| premises on Sundays from 12:00 noon until midnight and in those
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0012| years when December 31 falls on a Sunday from 12:00 noon until
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0013| 2:00 a.m. of the following day, except as otherwise provided in
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0014| Subsection F of this section. The permit shall expire on June
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0015| 30 of each year and may be renewed from year to year upon
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0016| application for renewal and payment of the required fee. The
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0017| permit fee shall not be prorated. Sales made pursuant to this
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0018| subsection or Subsection [H] G of this section shall be
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0019| called "Sunday sales".
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0020| D. Retailers, dispensers, canopy licensees,
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0021| restaurant licensees, club licensees and governmental licensees
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0022| or [its] their lessees shall not sell, serve, deliver or
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0023| allow the consumption of alcoholic beverages on the licensed
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0024| premises during voting hours on the days of the primary
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0025| election, general election, elections for officers of a
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0001| municipality or any other election as prescribed by the rules
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0002| and regulations of the director.
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0003| E. Retailers, dispensers, canopy licensees that
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0004| were replaced by dispenser's licensees pursuant to Section
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0005| 60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0006| governmental licensees or [its] their lessees shall not
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0007| sell, serve, deliver or allow the consumption of alcoholic
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0008| beverages on the licensed premises from 2:00 a.m. on Christmas
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0009| day until 7:00 a.m. on the day after Christmas, except as
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0010| permitted pursuant to Subsection [H] G of this section.
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0011| F. At the 1984 general election, the secretary of
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0012| state shall order placed on the ballot in each local option
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0013| district the question "Shall Sunday sales of alcoholic
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0014| beverages by the drink for consumption on the licensed premises
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0015| of licensees be allowed in this local option district?". If
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0016| the secretary of state determines a need, he may authorize the
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0017| use of paper ballots for the purpose of the election provided
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0018| for pursuant to this subsection. Until such election, Sunday
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0019| sales shall be permitted on the same basis in any local option
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0020| district as provided under any former act, and the election
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0021| held at the first general election following the effective date
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0022| of the Liquor Control Act shall have no effect on whether
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0023| Sunday sales are permitted in any local option district. If
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0024| the question is disapproved by a majority of those voting upon
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0025| the question in the local option district, Sunday sales shall
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0001| be unlawful in that local option district upon certification of
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0002| the election returns, and the question shall not again be
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0003| placed on the ballot in that local option district until:
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0004| (1) at least one year has passed; and
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0005| (2) a petition is filed with the local
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0006| governing body bearing the signatures of registered qualified
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0007| electors of the local option district equal in number to ten
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0008| percent of the number of votes cast and counted in the local
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0009| option district for governor in the last preceding general
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0010| election in which a governor was elected. The signatures on
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0011| the petition shall be verified by the clerk of the county in
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0012| which the local option district is situated.
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0013| [G. The local governing body of a local option
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district in an eligible county shall:
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(1) adopt a resolution within sixty days of
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April 7, 1989 calling for an election to place on the ballot
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the question "Shall a retailer or dispenser be allowed to sell
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or deliver alcoholic beverages at any time from a drive-up
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window?";
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(2) arrange for the election to be held within
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sixty days after the date the resolution is adopted; and
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(3) ensure that the election is called,
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conducted, counted and canvassed in the manner provided by law
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for elections within the county.
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As used in this subsection, "eligible county" means any
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county that, according to motor vehicle statistics reported to
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the state highway and transportation department during the
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years 1985 and 1986, convicted more than twenty-five persons
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for each one thousand licensed drivers of driving while
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intoxicated offenses.
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H.] G. On and after July 1, 1989, dispensers,
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0007| canopy licensees that were replaced by dispenser's licensees
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0008| pursuant to Section 60-6B-16 NMSA 1978, restaurant licensees,
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0009| club licensees and governmental licensees or lessees of these
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0010| licensees may sell, serve or allow the consumption of beer and
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0011| wine with meals on licensed premises from noon until 10:00 p.m.
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0012| on Christmas day, except in a local option district in which,
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0013| pursuant to petition and election under this subsection, a
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0014| majority of the voters voting on the question votes against
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0015| continuing such sales or consumption on Christmas day. An
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0016| election shall be held on the question of whether to continue
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0017| to allow the sale, service or consumption of beer and wine with
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0018| meals on licensed premises from noon until 10:00 p.m. on
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0019| Christmas day in a local option district, if a petition
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0020| requesting the governing body of that district to call the
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0021| election is signed by at least ten percent of the registered
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0022| voters of the district and is filed with the clerk of the
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0023| governing body of the district. Upon verification by the clerk
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0024| that the petition contains the required number of signatures of
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0025| registered voters, the governing body shall adopt a resolution
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0001| calling an election on the question of allowing the sale,
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0002| service or consumption of beer and wine with meals on licensed
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0003| premises from noon until 10:00 p.m. on Christmas day. The
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0004| election shall be held within sixty days after the date the
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0005| petition is verified, or it may be held in conjunction with a
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0006| regular election of the governing body if that election occurs
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0007| within sixty days of such verification. The election shall be
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0008| called, conducted, counted and canvassed in substantially the
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0009| same manner as provided for general elections in the county
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0010| under the Election Code or for special municipal elections in a
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0011| municipality under the Municipal Election Code. If a majority
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0012| of the voters voting on the question votes against continuing
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0013| the sale, service or consumption of beer and wine with meals on
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0014| licensed premises from noon until 10:00 p.m. on Christmas day,
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0015| then such sales and consumption shall be prohibited. If a
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0016| majority of the voters voting on the question votes to allow
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0017| continued sale, service and consumption of beer and wine with
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0018| meals on licensed premises from noon until 10:00 p.m. on
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0019| Christmas day, then such sales and consumption shall be allowed
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0020| to continue. The question then shall not be submitted again to
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0021| the voters within two years of the date of the last election on
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0022| the question.
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0023| [I.] H. Notwithstanding the provisions of
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0024| Subsection F of this section, any Indian tribe or pueblo whose
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0025| lands are wholly situated within the state that has, by
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0001| statute, ordinance or resolution, elected to permit the sale,
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0002| possession or consumption of alcoholic beverages on lands
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0003| within the territorial boundaries of the tribe or pueblo may,
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0004| by statute, ordinance or resolution of the governing body of
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0005| the Indian tribe or pueblo, permit Sunday sales by the drink on
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0006| the licensed premises of licensees on lands within the
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0007| territorial boundaries of the tribe or pueblo; provided that a
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0008| certified copy of such enactment is filed with the office of
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0009| the director and of the secretary of state.
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0010| [J.] I. Subject to the provisions of Subsection
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0011| [K] J. of this section, a dispenser or retailer, upon
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0012| payment of an additional fee of one hundred dollars ($100), may
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0013| obtain a permit to sell alcoholic beverages in unbroken
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0014| packages for consumption off the licensed premises on Sundays
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0015| from 12:00 noon until midnight, and in those years when
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0016| December 31 falls on a Sunday, from 12:00 noon on December 31
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0017| until 2:00 a.m. of the following day. The permit shall expire
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0018| on June 30 of each year and may be renewed from year to year
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0019| upon application for renewal and payment of the required fee.
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0020| The permit fee shall not be prorated. Sales made pursuant to
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0021| the provisions of this subsection shall be called "Sunday
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0022| package sales".
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0023| [K.] J. If a petition requesting the governing
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0024| body of a local option district to call an election on the
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0025| question of continuing to allow sales of alcoholic beverages in
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0001| unbroken packages for consumption off the licensed premises on
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0002| Sundays is filed with the clerk of the governing body and that
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0003| petition is signed by at least ten percent of the number of
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0004| registered voters of the local option district and the clerk of
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0005| the governing body verifies the petition signatures, the
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0006| governing body shall adopt a resolution calling an election on
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0007| the question. The election shall be held within sixty days of
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0008| the date the petition is verified, or it may be held in
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0009| conjunction with a regular election of the governing body, if
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0010| the regular election occurs within sixty days of the petition
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0011| verification. The election shall be called, conducted, counted
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0012| and canvassed substantially in the manner provided by law for
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0013| general elections within a county or special municipal
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0014| elections within a municipality. If a majority of the voters
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0015| of the local option district voting in the election votes to
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0016| allow the sale of alcoholic beverages in unbroken packages for
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0017| consumption off the licensed premises, then those sales shall
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0018| continue to be allowed. If a majority of the voters of the
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0019| local option district voting in the election votes not to allow
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0020| the Sunday package sales, then those Sunday package sales
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0021| shall be prohibited commencing the first Sunday after the
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0022| results of the election are certified. Following the election,
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0023| the question of allowing the Sunday package sales shall not
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0024| be submitted again to the voters within two years of the date
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0025| of the last election on the question."
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0001| Section 3. Section 60-7A-22 NMSA 1978 (being Laws 1981,
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0002| Chapter 39, Section 108, as amended) is amended to read:
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0003| "60-7A-22. DRINKING IN PUBLIC ESTABLISHMENTS--SELLING OR
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0004| SERVING ALCOHOLIC BEVERAGES OTHER THAN IN LICENSED
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0005| ESTABLISHMENTS--SELLING ALCOHOLIC BEVERAGES AT A DRIVE-UP
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0006| WINDOW.--
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0007| A. It is a violation of the Liquor Control Act for
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0008| any person to consume alcoholic beverages in any public
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0009| establishment unless the establishment is licensed to sell and
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0010| serve alcoholic beverages.
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0011| B. It is a violation of the Liquor Control Act for
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0012| any person not a licensee to sell, serve or permit the
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0013| consumption of alcoholic beverages in his public establishment
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0014| or private club.
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0015| C. [On or after the effective date of the Liquor
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Control Act, no new drive-up windows used for the sale of
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alcoholic beverages shall be permitted by the director;
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provided, however, licensed premises that include drive-up
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windows may be relocated and include a drive-up window if the
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lease on the current licensed premises expires] It is a
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0021| violation of the Liquor Control Act for any licensee to sell
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0022| alcoholic beverages at a drive-up window."
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0023| Section 4. EFFECTIVE DATE.--The effective date of the
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0024| provisions of this act is July 1, 1997.
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0025|
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