0001|                           SENATE BILL 1017
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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|                           WILLIAM F. DAVIS
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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 STATE LICENSES; AMENDING A SECTION OF THE NMSA 1978
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0012|     TO ALLOW GOVERNMENTAL LICENSE PROVISIONS REGARDING THE SALE OF
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0013|     ALCOHOLIC BEVERAGES TO APPLY TO CERTAIN COUNTY OR STATE FAIRS.
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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 60-6A-10 NMSA 1978 (being Laws 1981,
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0017|     Chapter 39, Section 27, as amended) is amended to read:
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0018|          "60-6A-10.  GOVERNMENTAL LICENSE.--
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0019|               A.  Except as provided in Subsection G of this
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0020|     section, a governmental entity may sell alcoholic beverages
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0021|     directly or through its lessee at a governmental facility if
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0022|     the governing body applies to the director for a governmental
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0023|     license.  The governmental entity and its lessee shall be
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0024|     subject to all state laws and regulations governing dispensers.
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0025|               B.  A governmental license may be leased to a
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0001|     qualified lessee and may only be used by the lessee for his
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0002|     operation during events authorized by the governmental entity
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0003|     at the governmental facility designated on the governmental
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0004|     license.  The governmental entity and its lessee shall not sell
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0005|     alcoholic beverages for consumption off the licensed premises.
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0006|               C.  Each governmental entity holding a governmental
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0007|     license shall annually and not less than sixty days prior to
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0008|     the date for renewal of its license submit to the director
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0009|     documentary proof that its lessee is fully qualified to be a
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0010|     lessee of a governmental license.  If the director finds that
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0011|     the lessee is qualified to lease a governmental license, the
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0012|     director shall renew the license for an additional period of
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0013|     one year.  If the director determines that the proof is
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0014|     inadequate, he shall notify the governing body of his decision
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0015|     and shall conduct a hearing as provided by law.  If the
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0016|     director finds that the lessee does not qualify and the
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0017|     governmental entity does not change its lessee, the director
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0018|     shall revoke the license.
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0019|               D.  The provisions of Section 60-6A-18 NMSA 1978
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0020|     shall not apply to governmental licenses.
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0021|               E.  For the purposes of this section:
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0022|                    (1)  "governmental entity" means a
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0023|     municipality, a county or state fair <s>[which is held for less
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<s></s>0024| <s>    than ten days per year]</s> or a state university;
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0025|                    (2)  "governmental facility" means locations on
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0001|     property owned or operated by a governmental entity and
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0002|     includes county fairs, state fairs, <s>[held for less than ten
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<s></s>0003| <s>    days per year]</s> convention centers, airports, civic centers,
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0004|     auditoriums, facilities used for athletic competitions, golf
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0005|     courses, including golf courses required to be used for
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0006|     municipal purposes notwithstanding that there may be an
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0007|     existing club license at the same location operated by the same
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0008|     club licensee, and other facilities used for cultural or
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0009|     artistic performances, but the term does not include tennis
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0010|     facilities; and
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0011|                    (3)  "lessee" means any individual,
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0012|     corporation, partnership, firm or association if it fulfills
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0013|     the requirements set forth in Subsections A through D of
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0014|     Section 60-6B-2 NMSA 1978.
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0015|               F.  The provisions of Section 60-6B-10 NMSA 1978
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0016|     <s>[as regards]</s> <u>with regard</u> to golf courses owned by a
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0017|     governmental entity and civic centers owned and operated by a
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0018|     governmental entity shall not apply to governmental licenses. 
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0019|               G.  A governmental entity that sells alcoholic
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0020|     beverages directly or indirectly through a lessee at a
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0021|     governmental facility that is a golf course required to be used
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0022|     for municipal purposes may only sell beer and wine."
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0023|                                    
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0024|   
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0025|                         FORTY-THIRD LEGISLATURE
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0001|                           FIRST SESSION, 1997
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0002|   
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0003|   
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0004|                                                       March 10, 1997
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0005|   
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0006|   Mr. President:
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0007|   
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0008|       Your PUBLIC AFFAIRS COMMITTEE, to whom has been referred
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0009|   
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0010|                            SENATE BILL 1017
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0011|   
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0012|   has had it under consideration and reports same WITHOUT
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0013|   RECOMMENDATION.
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0014|   
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0015|                                Respectfully submitted,
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0016|   
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0017|   
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0018|   
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0019|                                __________________________________
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0020|                                Shannon Robinson, Chairman 
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0021|   
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0022|   
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0023|   Adopted_______________________   Not Adopted_______________________
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0024|             (Chief Clerk)                          (Chief Clerk)
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0025|   
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0001|   
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0002|                     Date ________________________
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0003|   
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0004|   
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0005|   The roll call vote was <u> 6 </u> For <u> 0 </u> Against
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0006|           Yes:    6
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0007|           No:     0
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0008|                Excused:     Adair,  Garcia, Smith
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0009|           Absent: None
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0010|   
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0011|   
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0012|   
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0013|   S1017PA1
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0014|   
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