44th legislature - STATE OF NEW MEXICO - second session, 2000

RELATING TO ALCOHOL; PROVIDING A THIRTY-DAY PERIOD AFTER EMPLOYMENT FOR AN ALCOHOL SERVER TO OBTAIN ALCOHOL SERVER TRAINING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 60-6E-4 NMSA 1978 (being Laws 1999, Chapter 277, Section 5) is amended to read:

"60-6E-4. SERVER [PERMITS] TRAINING REQUIRED--ALCOHOL SERVICE OR SALES.--No person shall be employed as a server on a licensed premises unless that person [has obtained a server permit] obtains within thirty days of employment alcohol server training pursuant to the provisions of Chapter 60, Article [6D] 6E NMSA 1978."

Section 2. Section 60-7A-12 NMSA 1978 (being Laws 1981, Chapter 39, Section 78, as amended) is amended to read:

"60-7A-12. OFFENSES BY DISPENSERS, CANOPY LICENSEES, RESTAURANT LICENSEES, GOVERNMENTAL LICENSEES OR THEIR LESSEES AND CLUBS.--It is a violation of the Liquor Control Act for any dispenser, canopy licensee, restaurant licensee, governmental licensee or its lessee or club to:

A. receive any alcoholic beverages for the purpose of or with the intent of reselling the same from any person other than one duly licensed to sell alcoholic beverages to dispensers for resale;

B. sell, possess for the purpose of sale or [to] bottle any bulk wine for sale other than by the drink for immediate consumption on his licensed premises;

C. directly, indirectly or through any subterfuge own, operate or control any interest in any wholesale liquor establishment or liquor manufacturing or wine bottling firm; provided that this section shall not prevent a dispenser from owning an interest in any legal entity, directly or indirectly or through an affiliate, that wholesales alcoholic beverages and that operates or controls an interest in an establishment operating pursuant to the provisions of Subsection B of Section 60-7A-10 NMSA 1978;

D. sell or possess for the purpose of sale any alcoholic beverages at any location or place except his licensed premises or the location permitted pursuant to the provisions of Section 60-6A-12 NMSA 1978;

E. employ or engage a person to sell, serve or dispense alcoholic beverages if the person has not [been issued a server permit] received alcohol server training within thirty days of employment; or

F. employ or engage a person to sell, serve or dispense alcoholic beverages during a period when the server permit of that person is suspended or revoked."