46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO ALCOHOLIC BEVERAGES; AMENDING SECTIONS OF AND RENAMING THE ALCOHOL SERVER EDUCATION ARTICLE OF THE LIQUOR CONTROL ACT; PROHIBITING CONSUMPTION OF ALCOHOLIC BEVERAGES WHILE EMPLOYED AS A SERVER; PROVIDING PENALTIES; AMENDING AND ENACTING SECTIONS OF THE NMSA 1978; DECLARING AN EMERGENCY.

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

Section 1. Section 60-3A-1 NMSA 1978 (being Laws 1981, Chapter 39, Section 1, as amended) is amended to read:

"60-3A-1. SHORT TITLE.--Chapter 60, Articles 3A, 4B, 4C, 5A, 6A, 6B, 6C, 6E, 7A, 7B and 8A [of Chapter 60] NMSA 1978 may be cited as the "Liquor Control Act"."

Section 2. Section 60-6E-1 NMSA 1978 (being Laws 1999, Chapter 277, Section 2) is amended to read:

"60-6E-1. [ARTICLE DESIGNATION--ALCOHOL SERVER EDUCATION] SHORT TITLE.--Chapter 60, Article [6D] 6E NMSA 1978 may be cited as the "Alcohol Server Education [Article of the Liquor Control] Act"."

Section 3. Section 60-6E-2 NMSA 1978 (being Laws 1999, Chapter 277, Section 3) is amended to read:

"60-6E-2. PURPOSE.--The purpose of [Chapter 60, Article 6D NMSA 1978] the Alcohol Server Education Act is to:

A. enhance the professionalism of persons employed in the alcoholic beverage service industry;

B. establish a program for servers, licensees and their lessees that includes the study of:

(1) the effect alcohol has on the body and behavior, including the effect on a person's ability to operate a motor vehicle when intoxicated;

(2) state law concerning liquor licensure, liquor liability issues and driving under the influence of intoxicating liquor;

(3) methods of recognizing problem drinkers and techniques for intervening with problem drinkers;

(4) methods of identifying false drivers' licenses and other documents used as evidence of age and identity to prevent the sale of alcohol to minors; and

(5) prevention of fetal alcohol syndrome;

C. reduce the number of persons who drive while under the influence of intoxicating liquor and mitigate the physical and property damage caused by that behavior; and

D. reduce the frequency of alcohol-related birth defects."

Section 4. Section 60-6E-3 NMSA 1978 (being Laws 1999, Chapter 277, Section 4) is amended to read:

"60-6E-3. DEFINITIONS.--As used in [Chapter 60, Article 6D NMSA 1978] the Alcohol Server Education Act:

A. "director" means the director of the division;

B. "division" means the alcohol and gaming division of the regulation and licensing department;

C. "licensee" means a person issued a license pursuant to the provisions of the Liquor Control Act to sell, serve or dispense alcoholic beverages for consumption and not for resale;

D. "program" means an alcohol server education course and examination approved by the director to be administered by providers;

E. "provider" means an individual, partnership, corporation, public or private school or any other legal entity certified by the director to provide a program;

F. "server" means an individual who sells, serves or dispenses alcoholic beverages for consumption on or off licensed premises, including persons who manage, direct or control the sale or service of alcohol. "Server" does not include officers of a corporate licensee or lessee who do not manage, direct or control the sale or service of alcohol; and

G. "server permit" means an authorization issued by the director for a person to be employed or engaged to sell, serve or dispense alcoholic beverages."

Section 5. Section 60-6E-6 NMSA 1978 (being Laws 1999, Chapter 277, Section 7) is amended to read:

"60-6E-6. SERVER PERMITS--FAILURE TO PRODUCE PROOF.--

A. Every licensee shall maintain on the licensed premises copies of the server permits of the licensee, his lessee, if any, and each server then employed by the licensee or lessee at all times and make copies available to the director and to the agents or employees of the department of public safety upon request.

B. A server shall have on his person his server permit at all times when he is employed selling, serving or dispensing alcoholic beverages. The server shall display his server permit when requested by a peace officer or special investigations officer of the department of public safety.

[B.] C. Failure to produce a copy of a server permit is prima facie evidence that a server permit has not been issued and shall subject the licensee to fines and penalties as determined by rule adopted by the director.

D. The director shall fine a server who fails to have his server permit on his person when the server is employed selling, serving or dispensing alcoholic beverages, when requested to display the server permit by a peace officer or special investigations officer of the department of public safety, an administrative fine of twenty dollars ($20.00) per violation."

Section 6. Section 60-6E-7 NMSA 1978 (being Laws 1999, Chapter 277, Section 8) is amended to read:

"60-6E-7. SERVER PERMITS--ISSUANCE--OWNERSHIP--FEES.--

A. The director shall issue a server permit to each applicant who scores eighty percent or more on the examination required to complete a program, obtains a certificate of program completion and provides such other information as may be required by the director. The director may, in the director's discretion, issue temporary server permits if circumstances warrant such issuance.

B. Server permits shall not be issued to graduates of programs that are not approved by the director.

C. A server permit is the property of the server to whom it is issued.

D. The director may charge a fee for the issuance of the server permit.

E. Server permits shall be valid for a period of [five] three years from the date the server permit was issued.

F. To renew a server permit after three years, a server shall attend a program and complete it with a score on the examination of eighty percent or more.

[F.] G. A certificate of completion of an alcohol server education program issued pursuant to previous law shall remain valid until the date of its expiration."

Section 7. Section 60-6E-8 NMSA 1978 (being Laws 1999, Chapter 277, Section 9) is amended to read:

"60-6E-8. SERVER PERMIT--SUSPENSION--REVOCATION--ADMINISTRATIVE FINES--PENALTIES.--

A. In addition to any other penalties available, the following penalties may be imposed for consumption of alcoholic beverages while employed as a server and for sales to minors or intoxicated persons in violation of the provisions of the Liquor Control Act or rules of the division:

[A.] (1) the director may suspend a server's server permit for a period of thirty days or fine the server in an amount not to exceed five hundred dollars ($500), or both, when he finds that the server is guilty of a first offense of selling, serving or dispensing an alcoholic beverage to an intoxicated person in violation of Section 60-7A-16 NMSA 1978 or to a minor in violation of Section 60-7B-1 NMSA 1978 or for a first offense of consuming alcoholic beverages when employed as a server;

(2) the director shall suspend a server's server permit for a period of six months when he finds that the server is guilty of a second offense of consuming alcoholic beverages when employed as a server;

[B.] (3) the director shall suspend a server's server permit for a period of one year when he finds that the server is guilty of a second offense of selling, serving or dispensing alcoholic beverages to intoxicated persons in violation of Section 60-7A-16 NMSA 1978 or to minors in violation of Section 60-7B-1 NMSA 1978 arising separately from the incident giving rise to his first offense or a third offense of consuming alcoholic beverages when employed as a server;

[C.] (4) the director shall permanently revoke a server's server permit when he finds that the server is guilty of a third offense of selling, serving or dispensing alcoholic beverages to intoxicated persons in violation of Section 60-7A-16 NMSA 1978 or to minors in violation of Section 60-7B-1 NMSA 1978 arising separately from the incidents giving rise to his first and second offenses or a fourth offense of consuming alcoholic beverages when employed as a server;

[D.] (5) no person whose server permit is suspended or revoked pursuant to the provisions of this section may be a server of alcoholic beverages on a licensed premises during the period of suspension or revocation; and

[E.] (6) no person whose server permit is suspended may serve alcoholic beverages on or after the date of suspension unless the person obtains a new server permit in accordance with the provisions of [Article 6D of Chapter 60] the Alcohol Server Education Act.

[F.] B. Nothing in this [act] section shall be interpreted to waive any license holder's liability that may arise pursuant to the provisions of this [act] section."

Section 8. A new section of the Chapter 60, Article 7A NMSA 1978 is enacted to read:

"[NEW MATERIAL] ALCOHOLIC BEVERAGE SERVERS--ON THE JOB CONSUMPTION PROHIBITED.--A person who sells, serves or dispenses alcoholic beverages on or off licensed premises, including a person who manages, directs or controls the sale or service of alcoholic beverages, shall not consume alcoholic beverages when employed as a server as described in Section 60-6E-3 NMSA 1978."

Section 9. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.