0001|                            SENATE BILL 69
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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|                          Joseph J. Carraro
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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 FOR A RETAILER OR DISPENSER TO SELL OR
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0013|     SUPPLY ALCOHOLIC BEVERAGES IN UNBROKEN PACKAGES THAT HAVE BEEN
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0014|     REFRIGERATED, FOR CONSUMPTION OFF THE LICENSED PREMISES;
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0015|     AMENDING SECTIONS OF THE LIQUOR CONTROL ACT.
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0016|      
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0017|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018|          Section 1.  Section 60-7A-11 NMSA 1978 (being Laws 1981,
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0019|     Chapter 39, Section 77, as amended) is amended to read:
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0020|          "60-7A-11.  OFFENSES BY RETAILERS.--It is a violation of
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0021|     the Liquor Control Act for any retailer to:
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0022|               A.  allow or permit any alcoholic beverages to be
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0023|     consumed on his licensed premises;
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0024|               B.  maintain or keep in close proximity to the
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0025|     licensed premises any place for the consumption of alcoholic
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0001|     beverages purchased from him;
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0002|               C.  sell any alcoholic beverages at any place other
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0003|     than his licensed premises;
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0004|               D.  sell, possess for the purpose of sale or to
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0005|     have, possess or keep on his licensed premises alcoholic
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0006|     beverages not contained in the unopened, original package;
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0007|               E.  buy or receive any alcoholic beverages from any
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0008|     person other than a duly licensed New Mexico wholesaler or
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0009|     wine wholesaler for the purpose of or with the intent of re-
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0010|     
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0011|     selling the alcoholic beverages; <s>[or]</s>
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0012|               F.  directly, indirectly or through any subterfuge
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0013|     own, operate or control any interest in any wholesale liquor
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0014|     establishment or liquor manufacturing or wine bottling firm;
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0015|     provided that this subsection shall not prevent a retailer
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0016|     from owning stock in any corporation which wholesales,
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0017|     manufactures or bottles alcoholic beverages when he owns the
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0018|     stock for investment purposes only; <u>or</u>
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0019|               <u>G.  sell or supply alcoholic beverages in unbroken
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<u></u>0020| <u>    packages that have been refrigerated or otherwise cooled, for
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<u></u>0021| <u>    consumption off the licensed premises.</u>" 
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0022|          Section 2.  Section 60-7A-12 NMSA 1978 (being Laws 1981,
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0023|     Chapter 39, Section 78, as amended) is amended to read:
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0024|          "60-7A-12.  OFFENSES BY DISPENSERS, CANOPY LICENSEES,
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0025|     RESTAURANT LICENSEES, GOVERNMENTAL LICENSEES OR THEIR LESSEES
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0001|     AND CLUBS.--
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0002|               <u>A.</u>  It is a violation of the Liquor Control Act
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0003|     for any dispenser, canopy licensee, restaurant licensee,
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0004|     governmental licensee or its lessee or club to:
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0005|               <s>[A.]</s> <u>(1)</u>  receive any alcoholic beverages for
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0006|     the purpose of or with the intent of reselling the same from
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0007|     any person other than one duly licensed to sell alcoholic
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0008|     beverages to dispensers for resale;
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0009|               <s>[B.]</s> <u>(2)</u>  sell, possess for the purpose of sale
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0010|     or to bottle any bulk wine for sale other than by the drink
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0011|     for immediate consumption on his licensed premises;
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0012|               <s>[C.]</s> <u>(3)</u>  directly, indirectly or through any
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0013|     subterfuge own, operate or control any interest in any
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0014|     wholesale liquor establishment or liquor manufacturing or wine
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0015|     bottling firm; provided that this section shall not prevent a
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0016|     dispenser from owning an interest in any legal entity,
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0017|     directly or indirectly or through an affiliate, that
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0018|     wholesales alcoholic beverages and that operates or controls
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0019|     an interest in an establishment operating under the provisions
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0020|     of Subsection B of Section 60-7A-10 NMSA 1978; or 
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0021|               <s>[D.]</s> <u>(4)</u>  sell or possess for the purpose of
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0022|     sale any alcoholic beverages at any location or place except
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0023|     his licensed premises or the location permitted under Section
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0024|     60-6A-12 NMSA 1978.
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0025|               <u>B.  It is a violation of the Liquor Control Act
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<u></u>0001| <u>    for any dispenser to sell or supply alcoholic beverages in
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<u></u>0002| <u>    unbroken packages that have been refrigerated or otherwise
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<u></u>0003| <u>    cooled, for consumption off the licensed premises.</u>"
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0004|                              
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