[1]NOTE:
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in this report when used in any other situation.
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SPONSOR: |
Luna |
DATE TYPED: |
01-28-02 |
HB |
163 |
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SHORT TITLE: |
Alcohol Sales By Nonprofit Gaming Operators |
SB |
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ANALYST: |
Gonzales |
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FY02 |
FY03 |
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(Parenthesis
( ) Indicate Expenditure Decreases)
Duplicates
SB105 without the emergency clause;
Conflicts
with Section 11-13-1, Section 4 (B) (16) NMSA 1978,
Section 60-2E-27 (E), and 60-7A-19 which has restrictions for allowing
alcoholic beverages where gaming is allowed.
LFC Files
Responses Received From:
Attorney General
Department of Public Safety, Special
Investigations Division
Gaming Control Board
Regulation and Licensing Department, Alcohol and
Gaming Division
SUMMARY
Synopsis
of Bill
House Bill 163 amends Section 60-2E-28 NMSA 1978
of the Gaming Control Act to allow alcoholic beverages to be sold, served,
delivered and consumed in the area where gaming machines are operating at a
nonprofit organization.
Significant
Issues
This bill contains an emergency clause. This change to the Gaming Control Act would
change current law that prohibits nonprofit organizations from serving
alcoholic beverages in areas where gaming machines are located. The Indian gaming compacts of 1997 and 2001
and current statute prohibits serving alcoholic beverages at tribal gaming
machine areas and at racetrack gaming machine areas. (See Section 11-13-1, Section 4 (B) (16) NMSA 1978, Section
60-2E-27 (E), and 60-7A-19 for restrictions of allowing alcoholic beverages
where gaming is allowed.) If House Bill
163 is enacted, a nonprofit organization would have to license its premises
under both the Gaming Control Act, as a gaming facility and the Liquor Control
Act, as a liquor licensed facility.
CONFLICT/DUPLICATION
House Bill 163 conflicts with current law that
prohibits alcohol where gaming is allowed. (See Section 11-13-1, Section 4 (B)
(16) NMSA 1978, Section 60-2E-27 (E), and 60-7A-19 for restrictions of allowing
alcoholic beverages where gaming is allowed.)
House Bill 163 is a duplicate of SB 105 except that
SB105 does not contain an emergency clause.
[1]Begin typing on the * in replace mode. Do not add or delete spaces.