0001| HOUSE BILL 15
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - FIRST SPECIAL SESSION, 1998
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0003| INTRODUCED BY
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0004| Fred Luna
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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; AUTHORIZING LOCAL OPTION
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0012| ELECTIONS REGARDING THE SALE OR DELIVERY OF ALCOHOLIC
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0013| BEVERAGES FROM DRIVE-UP WINDOWS; AMENDING A SECTION OF THE
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0014| LIQUOR CONTROL ACT.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981,
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0018| Chapter 39, Section 47, as amended) is amended to read:
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0019| "60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--
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0020| DRIVE-UP WINDOW SALES--CHRISTMAS DAY SALES--SUNDAY SALES FOR
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0021| CONSUMPTION OFF THE LICENSED PREMISES--ELECTIONS.--
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0022| A. Alcoholic beverages shall be sold, served and
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0023| consumed on licensed premises only during the following hours
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0024| and days:
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0025| (1) on Mondays from 7:00 a.m. until midnight;
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0001| (2) on other weekdays from after midnight of
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0002| the previous day until 2:00 a.m., then from 7:00 a.m. until
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0003| midnight, except as provided in Subsections D, E and H of this
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0004| section; and
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0005| (3) on Sundays only after midnight of the
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0006| previous day until 2:00 a.m., except as provided in
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0007| Subsections C and F of this section; provided, however,
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0008| nothing in this section shall prohibit the consumption at any
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0009| time of alcoholic beverages in guest rooms of hotels.
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0010| B. Alcoholic beverages shall be sold by a
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0011| dispenser or a retailer in unbroken packages, for consumption
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0012| off the licensed premises and not for resale, on Mondays
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0013| through Saturdays from 7:00 a.m. until 12:00 a.m. on the
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0014| following day except as provided in Subsections D, E and H of
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0015| this section.
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0016| C. Subject to the provisions of Subsections F and
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0017| I of this section, a dispenser, restaurant licensee or club
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0018| may, upon payment of an additional fee of one hundred dollars
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0019| ($100), obtain a permit to sell, serve or permit the
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0020| consumption of alcoholic beverages by the drink on the
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0021| licensed premises on Sundays from 12:00 noon until midnight
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0022| and in those years when December 31 falls on a Sunday from
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0023| 12:00 noon until 2:00 a.m. of the following day, except as
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0024| otherwise provided in Subsection F of this section. The
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0025| permit shall expire on June 30 of each year and may be renewed
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0001| from year to year upon application for renewal and payment of
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0002| the required fee. The permit fee shall not be prorated.
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0003| Sales made pursuant to this subsection or Subsection I of this
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0004| section shall be called "Sunday sales".
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0005| D. Retailers, dispensers, canopy licensees,
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0006| restaurant licensees, club licensees and governmental
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0007| licensees or [its] their lessees shall not sell, serve,
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0008| deliver or allow the consumption of alcoholic beverages on the
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0009| licensed premises during voting hours on the days of the
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0010| primary election, general election, elections for officers of
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0011| a municipality or any other election as prescribed by the
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0012| rules and regulations of the director.
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0013| E. Retailers, dispensers, canopy licensees that
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0014| were replaced by dispenser's licensees pursuant to Section
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0015| 60-6B-16 NMSA 1978, restaurant licensees, club licensees and
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0016| governmental licensees or [its] their lessees shall not
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0017| sell, serve, deliver or allow the consumption of alcoholic
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0018| beverages on the licensed premises from 2:00 a.m. on Christmas
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0019| day until 7:00 a.m. on the day after Christmas, except as
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0020| permitted pursuant to Subsection H of this section.
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0021| F. At the 1984 general election, the secretary of
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0022| state shall order placed on the ballot in each local option
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0023| district the question "Shall Sunday sales of alcoholic
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0024| beverages by the drink for consumption on the licensed
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0025| premises of licensees be allowed in this local option
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0001| district?". If the secretary of state determines a need, he
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0002| may authorize the use of paper ballots for the purpose of the
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0003| election provided for pursuant to this subsection. Until such
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0004| election, Sunday sales shall be permitted on the same basis in
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0005| any local option district as provided under any former act,
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0006| and the election held at the first general election following
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0007| the effective date of the Liquor Control Act shall have no
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0008| effect on whether Sunday sales are permitted in any local
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0009| option district. If the question is disapproved by a majority
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0010| of those voting upon the question in the local option
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0011| district, Sunday sales shall be unlawful in that local option
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0012| district upon certification of the election returns, and the
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0013| question shall not again be placed on the ballot in that local
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0014| option district until:
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0015| (1) at least one year has passed; and
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0016| (2) a petition is filed with the local
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0017| governing body bearing the signatures of registered qualified
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0018| electors of the local option district equal in number to ten
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0019| percent of the number of votes cast and counted in the local
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0020| option district for governor in the last preceding general
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0021| election in which a governor was elected. The signatures on
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0022| the petition shall be verified by the clerk of the county in
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0023| which the local option district is situated.
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0024| G. The local governing body of a local option
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0025| district [in an eligible county shall] may:
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0001| (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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0003| the question "Shall a retailer or dispenser be allowed to sell
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0004| or deliver alcoholic beverages at any time from a drive-up
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0005| window?";
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0006| (2) arrange for the election to be held
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0007| [within sixty days after the date the resolution is adopted]
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0008| in conjunction with the next regular election of the local
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0009| governing body or the next statewide general election
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0010| following adoption of the resolution; and
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0011| (3) ensure that the election is called,
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0012| conducted, counted and canvassed in the manner provided by law
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0013| for elections within the county.
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0014| [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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0020| If the question is disapproved by a majority of the
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0021| persons in the local option district who vote upon the
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0022| question, beginning on the date three years after
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0023| certification of the election returns, it shall be a violation
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0024| of the Liquor Control Act if a retailer or dispenser sells or
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0025| delivers alcoholic beverages from a drive-up window.
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0001| H. On and after July 1, 1989, dispensers, canopy
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0002| licensees that were replaced by dispenser's licensees pursuant
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0003| to Section 60-6B-16 NMSA 1978, restaurant licensees, club
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0004| licensees and governmental licensees or lessees of these
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0005| licensees may sell, serve or allow the consumption of beer and
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0006| wine with meals on licensed premises from noon until 10:00
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0007| p.m. on Christmas day, except in a local option district in
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0008| which, pursuant to petition and election under this
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0009| subsection, a majority of the voters voting on the question
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0010| votes against continuing such sales or consumption on
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0011| Christmas day. An election shall be held on the question of
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0012| whether to continue to allow the sale, service or consumption
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0013| of beer and wine with meals on licensed premises from noon
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0014| until 10:00 p.m. on Christmas day in a local option district,
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0015| if a petition requesting the governing body of that district
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0016| to call the election is signed by at least ten percent of the
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0017| registered voters of the district and is filed with the clerk
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0018| of the governing body of the district. Upon verification by
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0019| the clerk that the petition contains the required number of
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0020| signatures of registered voters, the governing body shall
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0021| adopt a resolution calling an election on the question of
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0022| allowing the sale, service or consumption of beer and wine
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0023| with meals on licensed premises from noon until 10:00 p.m. on
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0024| Christmas day. The election shall be held within sixty days
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0025| after the date the petition is verified, or it may be held in
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0001| conjunction with a regular election of the governing body if
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0002| that election occurs within sixty days of such verification.
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0003| The election shall be called, conducted, counted and canvassed
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0004| in substantially the same manner as provided for general
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0005| elections in the county under the Election Code or for special
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0006| municipal elections in a municipality under the Municipal
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0007| Election Code. If a majority of the voters voting on the
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0008| question votes against continuing the sale, service or
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0009| consumption of beer and wine with meals on licensed premises
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0010| from noon until 10:00 p.m. on Christmas day, then such sales
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0011| and consumption shall be prohibited. If a majority of the
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0012| voters voting on the question votes to allow continued sale,
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0013| service and 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 allowed to continue.
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0016| The question then shall not be submitted again to the voters
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0017| within two years of the date of the last election on the
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0018| question.
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0019| I. Notwithstanding the provisions of Subsection F
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0020| of this section, any Indian tribe or pueblo whose lands are
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0021| wholly situated within the state that has, by statute,
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0022| ordinance or resolution, elected to permit the sale,
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0023| possession or consumption of alcoholic beverages on lands
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0024| within the territorial boundaries of the tribe or pueblo may,
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0025| by statute, ordinance or resolution of the governing body of
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0001| the Indian tribe or pueblo, permit Sunday sales by the drink
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0002| on the licensed premises of licensees on lands within the
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0003| territorial boundaries of the tribe or pueblo; provided that a
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0004| certified copy of such enactment is filed with the office of
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0005| the director and of the secretary of state.
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0006| J. Subject to the provisions of Subsection K of
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0007| this section, a dispenser or retailer, upon payment of an
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0008| additional fee of one hundred dollars ($100), may obtain a
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0009| permit to sell alcoholic beverages in unbroken packages for
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0010| consumption off the licensed premises on Sundays from 12:00
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0011| noon until midnight, and in those years when December 31 falls
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0012| on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of
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0013| the following day. The permit shall expire on June 30 of each
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0014| year and may be renewed from year to year upon application for
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0015| renewal and payment of the required fee. The permit fee shall
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0016| not be prorated. Sales made pursuant to the provisions of
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0017| this subsection shall be called "Sunday package sales".
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0018| K. If a petition requesting the governing body of
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0019| a local option district to call an election on the question of
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0020| continuing to allow sales of alcoholic beverages in unbroken
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0021| packages for consumption off the licensed premises on Sundays
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0022| is filed with the clerk of the governing body and that
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0023| petition is signed by at least ten percent of the number of
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0024| registered voters of the local option district and the clerk
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0025| of the governing body verifies the petition signatures, the
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0001| governing body shall adopt a resolution calling an election on
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0002| the question. The election shall be held within sixty days of
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0003| the date the petition is verified, or it may be held in
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0004| conjunction with a regular election of the governing body, if
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0005| the regular election occurs within sixty days of the petition
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0006| verification. The election shall be called, conducted,
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0007| counted and canvassed substantially in the manner provided by
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0008| law for general elections within a county or special municipal
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0009| elections within a municipality. If a majority of the voters
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0010| of the local option district voting in the election votes to
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0011| allow the sale of alcoholic beverages in unbroken packages for
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0012| consumption off the licensed premises, then those sales shall
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0013| continue to be allowed. If a majority of the voters of the
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0014| local option district voting in the election votes not to
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0015| allow the Sunday package sales, then those Sunday package
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0016| sales shall be prohibited commencing the first Sunday after
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0017| the results of the election are certified. Following the
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0018| election, the question of allowing the Sunday package sales
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0019| shall not be submitted again to the voters within two years of
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0020| the date of the last election on the question."
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0021|
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