[1] NOTE:  As provided in LFC policy, this report is intended only for use by the standing finance committees of the legislature.  The Legislative Finance Committee does not assume responsibility for the accuracy of the information in this report when used in any other situation.

 

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F I S C A L   I M P A C T   R E P O R T

 

 

 

SPONSOR:

Robinson

 

DATE TYPED:

01-28-02

 

HB

 

 

SHORT TITLE:

Alcohol Sales By Nonprofit Gaming Operators

 

SB

105

 

 

ANALYST:

Gonzales

 

APPROPRIATION

 

Appropriation Contained

Estimated Additional Impact

Recurring

or Non-Rec

Fund

Affected

FY02

FY03

FY02

FY03

 

 

 

 

NFI

 

 

 

 

 

 

 

 

(Parenthesis ( ) Indicate Expenditure Decreases)

 

Duplicates HB163 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.

                                                                                                                                                           

 

SOURCES OF INFORMATION

 

LFC Files

 

Responses Received From:

Attorney General

Gaming Control Board

Regulation and Licensing Department, Alcohol and Gaming Division

 

SUMMARY

 

     Synopsis of Bill

 

Senate Bill 105 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 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

 

Senate Bill 105 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.)

 

Senate Bill 105 is a duplicate of House Bill 163 except that House Bill 163 contains an emergency clause.

 

JMG/njw


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