AN ACT
RELATING TO ALCOHOLIC BEVERAGES;
PROVIDING FOR SALES OF ALCOHOLIC BEVERAGES IN FOOD SERVICE FACILITIES IN STATE
MUSEUMS; PROVIDING FOR SALES OF ALCOHOLIC BEVERAGES IN UNBROKEN PACKAGES AT
MUNICIPAL BASEBALL PARKS; AMENDING A SECTION OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF
THE STATE OF NEW MEXICO:
Section 1. Section 60-6A-10 NMSA 1978 (being Laws 1981,
Chapter 39, Section 27, as amended) is amended to read:
"60-6A-10. GOVERNMENTAL LICENSE.--
A. Except as provided in Subsection G of this
section, a governmental entity may sell alcoholic beverages directly or through
its lessee at a governmental facility if the governing body applies to the
director for a governmental license. The
governmental entity and its lessee shall be subject to all state laws and
regulations governing dispensers.
B. A governmental license may be leased to a
qualified lessee and may only be used by the lessee for its operation during
events authorized by the governmental entity at the governmental facility
designated on the governmental license.
The governmental entity and its lessee shall not sell alcoholic
beverages for consumption off the licensed premises. On the licensed premises of a municipal
baseball park, the sale or service of alcoholic beverages in unbroken packages
is allowed. Alcoholic beverages shall
not be removed from the licensed premises of a municipal baseball park. A server as defined in Section 60-6E-3 NMSA
1978 is not required to be present in a skybox to serve alcoholic beverages to
the person leasing the skybox or his guests.
C. A governmental entity holding a governmental
license shall annually and not less than sixty days prior to the date for
renewal of its license submit to the director documentary proof that its lessee
is fully qualified to be a lessee of a governmental license. If the director finds that the lessee is
qualified to lease a governmental license, the director shall renew the license
for an additional period of one year. If
the director determines that the proof is inadequate, he shall notify the
governing body of his decision and shall conduct a hearing as provided by
law. If the director finds that the
lessee does not qualify and the governmental entity does not change its lessee,
the director shall revoke the license.
D. The provisions of Section 60-6A-18 NMSA 1978 shall
not apply to governmental licenses.
E. For the purposes of this section:
(1) "governmental entity" means a
municipality, a county, a state fair that is held for less than ten days per
year, the state fair commission, a state museum or a state university;
(2) "governmental facility" means
locations on property owned or operated by a governmental entity, including
county fairs; state fairs held for less than ten days per year; convention
centers; airports; civic centers; food service facilities in state museums;
auditoriums; all facilities on the New Mexico state fairgrounds; facilities
used for athletic competitions; golf courses, including golf courses required
to be used for municipal purposes notwithstanding that there may be an existing
club license at the same location operated by the same club licensee; and other
facilities used for cultural or artistic performances, but "governmental
facility" does not include tennis facilities;
(3) "lessee" means an individual,
corporation, partnership, firm or association that fulfills the requirements
set forth in Subsections A through D of Section 60-6B-2 NMSA 1978;
(4) "municipal baseball park" means a
governmental facility owned by a government entity in a class A county having a
population of three hundred fifty thousand or more pursuant to the most recent
federal decennial census that is the home stadium of an affiliate of a
professional baseball team and that may be used throughout the year for
baseball games and other events; and
(5) "skybox" means a room or area of
seating of a municipal baseball park, separated from the general seating and
usually located in the upper decks of the park, leased to a person for that
person's exclusive use during baseball games and at any other time throughout
the year.
F. The provisions of Section 60-6B-10 NMSA 1978
as regards to golf courses owned by a governmental entity and civic centers
owned and operated by a governmental entity shall not apply to governmental
licenses.
G. A governmental entity that sells alcoholic
beverages directly or indirectly through a lessee at a governmental facility
that is a food service facility in a state museum or a golf course required to
be used for municipal purposes may only sell beer and wine."
HB 274
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