45th legislature - STATE OF NEW MEXICO - second session, 2002
RELATING TO SALES OF ALCOHOLIC BEVERAGES; REMOVING THE PROHIBITION ON CHRISTMAS DAY SALES OF ALCOHOLIC BEVERAGES; AMENDING A SECTION OF THE LIQUOR CONTROL ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 60-7A-1 NMSA 1978 (being Laws 1981, Chapter 39, Section 47, as amended) is amended to read:
"60-7A-1. HOURS AND DAYS OF BUSINESS--SUNDAY SALES--[CHRISTMAS DAY SALES]SUNDAY SALES FOR CONSUMPTION OFF THE
LICENSED PREMISES--ELECTIONS.--
A. Alcoholic beverages shall be sold, served and consumed on licensed premises only during the following hours and days:
(1) on Mondays from 7:00 a.m. until midnight;
(2) on other weekdays from after midnight of
the previous day until 2:00 a.m., then from 7:00 a.m. until
midnight [except as provided in Subsections D and F of this
section]; and
(3) on Sundays only after midnight of the
previous day until 2:00 a.m., except as provided in
Subsections C and [E] D of this section; provided, however,
nothing in this section shall prohibit the consumption at any
time of alcoholic beverages in guest rooms of hotels.
B. Alcoholic beverages shall be sold by a
dispenser or a retailer in unbroken packages, for consumption
off the licensed premises and not for resale, on Mondays
through Saturdays from 7:00 a.m. until 12:00 a.m. on the
following day [except as provided in Subsections D and F of
this section].
C. Subject to the provisions of Subsections [E and
G] D and E of this section, a dispenser, restaurant licensee
or club may, upon payment of an additional fee of one hundred
dollars ($100), obtain a permit to sell, serve or permit the
consumption of alcoholic beverages by the drink on the
licensed premises on Sundays from 12:00 noon until midnight
and in those years when December 31 falls on a Sunday from
12:00 noon until 2:00 a.m. of the following day, except as
otherwise provided in Subsection [E] D of this section. The
permit shall expire on June 30 of each year and may be renewed
from year to year upon application for renewal and payment of
the required fee. The permit fee shall not be prorated.
Sales made pursuant to this subsection or Subsection [G] E of
this section shall be called "Sunday sales".
[D. Retailers, dispensers, canopy licensees that
were replaced by dispenser's licensees pursuant to Section
60-6B-16 NMSA 1978, restaurant licensees, club licensees and
governmental licensees or their lessees shall not sell, serve,
deliver or allow the consumption of alcoholic beverages on the
licensed premises from 2:00 a.m. on Christmas day until 7:00
a.m. on the day after Christmas, except as permitted pursuant
to Subsection F of this section.
E.] D. At the 1984 general election, the secretary
of state shall order placed on the ballot in each local option
district the question "Shall Sunday sales of alcoholic
beverages by the drink for consumption on the licensed
premises of licensees be allowed in this local option
district?". If the secretary of state determines a need, he
may authorize the use of paper ballots for the purpose of the
election provided for pursuant to this subsection. Until such
election, Sunday sales shall be permitted on the same basis in
any local option district as provided under any former act,
and the election held at the first general election following
the effective date of the Liquor Control Act shall have no
effect on whether Sunday sales are permitted in any local
option district. If the question is disapproved by a majority
of those voting upon the question in the local option
district, Sunday sales shall be unlawful in that local option
district upon certification of the election returns, and the
question shall not again be placed on the ballot in that local
option district until:
(1) at least one year has passed; and
(2) a petition is filed with the local governing body bearing the signatures of registered qualified electors of the local option district equal in number to ten percent of the number of votes cast and counted in the local option district for governor in the last preceding general election in which a governor was elected. The signatures on the petition shall be verified by the clerk of the county in which the local option district is situated.
[F. On and after July 1, 1989, dispensers, canopy
licensees that were replaced by dispenser's licensees pursuant
to Section 60-6B-16 NMSA 1978, restaurant licensees, club
licensees and governmental licensees or lessees of these
licensees may sell, serve or allow the consumption of beer and
wine with meals on licensed premises from noon until 10:00
p.m. on Christmas day, except in a local option district in
which, pursuant to petition and election under this
subsection, a majority of the voters voting on the question
votes against continuing such sales or consumption on
Christmas day. An election shall be held on the question of
whether to continue to allow the sale, service or consumption
of beer and wine with meals on licensed premises from noon
until 10:00 p.m. on Christmas day in a local option district,
if a petition requesting the governing body of that district
to call the election is signed by at least ten percent of the
registered voters of the district and is filed with the clerk
of the governing body of the district. Upon verification by
the clerk that the petition contains the required number of
signatures of registered voters, the governing body shall
adopt a resolution calling an election on the question of
allowing the sale, service or consumption of beer and wine
with meals on licensed premises from noon until 10:00 p.m. on
Christmas day. The election shall be held within sixty days
after the date the petition is verified, or it may be held in
conjunction with a regular election of the governing body if
that election occurs within sixty days of such verification.
The election shall be called, conducted, counted and canvassed
in substantially the same manner as provided for general
elections in the county under the Election Code or for special
municipal elections in a municipality under the Municipal
Election Code. If a majority of the voters voting on the
question votes against continuing the sale, service or
consumption of beer and wine with meals on licensed premises
from noon until 10:00 p.m. on Christmas day, then such sales
and consumption shall be prohibited. If a majority of the
voters voting on the question votes to allow continued sale,
service and consumption of beer and wine with meals on
licensed premises from noon until 10:00 p.m. on Christmas day,
then such sales and consumption shall be allowed to continue.
The question then shall not be submitted again to the voters
within two years of the date of the last election on the
question.
G.] E. Notwithstanding the provisions of
Subsection [E] D of this section, any Indian tribe or pueblo
whose lands are wholly situated within the state that has, by
statute, ordinance or resolution, elected to permit the sale,
possession or consumption of alcoholic beverages on lands
within the territorial boundaries of the tribe or pueblo may,
by statute, ordinance or resolution of the governing body of
the Indian tribe or pueblo, permit Sunday sales by the drink
on the licensed premises of licensees on lands within the
territorial boundaries of the tribe or pueblo; provided that a
certified copy of such enactment is filed with the office of
the director and of the secretary of state.
[H.] F. Subject to the provisions of Subsection
[I] G of this section, a dispenser or retailer, upon payment
of an additional fee of one hundred dollars ($100), may obtain
a permit to sell alcoholic beverages in unbroken packages for
consumption off the licensed premises on Sundays from 12:00
noon until midnight, and in those years when December 31 falls
on a Sunday, from 12:00 noon on December 31 until 2:00 a.m. of
the following day. The permit shall expire on June 30 of each
year and may be renewed from year to year upon application for
renewal and payment of the required fee. The permit fee shall
not be prorated. Sales made pursuant to the provisions of
this subsection shall be called "Sunday package sales".
[I.] G. If a petition requesting the governing
body of a local option district to call an election on the
question of continuing to allow sales of alcoholic beverages
in unbroken packages for consumption off the licensed premises
on Sundays is filed with the clerk of the governing body and
that petition is signed by at least ten percent of the number
of registered voters of the local option district and the
clerk of the governing body verifies the petition signatures,
the governing body shall adopt a resolution calling an
election on the question. The election shall be held within
sixty days of the date the petition is verified, or it may be
held in conjunction with a regular election of the governing
body, if the regular election occurs within sixty days of the
petition verification. The election shall be called,
conducted, counted and canvassed substantially in the manner
provided by law for general elections within a county or
special municipal elections within a municipality. If a
majority of the voters of the local option district voting in
the election votes to allow the sale of alcoholic beverages in
unbroken packages for consumption off the licensed premises on
Sundays, then those sales shall continue to be allowed. If a
majority of the voters of the local option district voting in
the election votes not to allow the Sunday package sales, then
those Sunday package sales shall be prohibited commencing the
first Sunday after the results of the election are certified.
Following the election, the question of allowing the Sunday
package sales shall not be submitted again to the voters
within two years of the date of the last election on the
question."
Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.