46th legislature - STATE OF NEW MEXICO - first session, 2003
RELATING TO ALCOHOLIC BEVERAGES; AMENDING A SECTION OF THE NMSA 1978 TO ALLOW SALES OF ALCOHOLIC BEVERAGES IN FOOD SERVICE FACILITIES IN STATE MUSEUMS.
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 [his]
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.
C. [Each] 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, [or] a state fair [which] that is held
for less than ten days per year, the [New Mexico] state fair
commission, a state museum or a state university;
(2) "governmental facility" means locations on
property owned or operated by a governmental entity, [and
includes] 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 [the
term] "governmental facility" does not include tennis
facilities; and
(3) "lessee" means an individual, corporation,
partnership, firm or association [if it] that fulfills the
requirements set forth in Subsections A through D of Section
60-6B-2 NMSA 1978.
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."