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

RELATING TO ALCOHOLIC BEVERAGES; AMENDING A SECTION OF THE LIQUOR CONTROL ACT EXPANDING THE GROUNDS FOR A LOCAL GOVERNING BODY TO DISAPPROVE THE TRANSFER OF A LICENSE.

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

Section 1. Section 60-6B-4 NMSA 1978 (being Laws 1981, Chapter 39, Section 40) is amended to read:

"60-6B-4. ISSUANCE OR TRANSFER OF LICENSE--APPROVAL OF APPROPRIATE GOVERNING BODY.--

A. Prior to the approval of the issuance of a new license, and prior to the approval of any transfer permitted by Section [39 or 113 of the Liquor Control Act] 60-6B-3 or

60-6B-12 NMSA 1978, the director shall notify the governing body of his preliminary approval of the issuance or transfer of the license. Notice to the governing body shall be by certified mail.

B. A governing body [which] that has received a notice of preliminary approval of the issuance or transfer of a license from the department may approve or disapprove the issuance or transfer of the license in accordance with the provisions of this section.

C. Within forty-five days after receipt of a notice of preliminary approval from the department, the governing body shall hold a public hearing on the question of whether the department should approve the proposed issuance or transfer.

D. Notice of the public hearing required by Subsection C of this section shall be given by the governing body by:

(1) publishing a notice of the date, time and place of the hearing at least once a week for two consecutive weeks in a newspaper of general circulation within the territorial limits of the governing body. The notice shall set forth:

(a) the name and address of the licensee;

(b) the action proposed to be taken by the department;

(c) the location of the licensee's premises; and

(d) such other information as may be required by the department; and

(2) sending a notice by certified mail to the applicant of the date, time and place of the public hearing.

E. The governing body may designate a hearing officer to conduct the hearing. A record shall be made of the hearing.

F. The governing body may disapprove the issuance or transfer of the license if:

(1) the proposed location is within an area where the sale of alcoholic beverages is prohibited by the laws of New Mexico;

(2) the issuance or transfer would be in violation of a zoning or other ordinance of the governing body; [or]

(3) the issuance or transfer would be detrimental to the public health, safety or morals of the residents of the local option district; or

(4) the negative impact of the transfer on the public health and safety of the residents of the local option district would be greater than at the prior location of the license.

G. Within thirty days after the public hearing, the governing body shall notify the department as to whether the governing body has approved or disapproved the proposed issuance or transfer of the license. If the governing body fails to either approve or disapprove the issuance or transfer of the license within thirty days after the public hearing, the director may give final approval to the issuance or transfer of the license.

H. If the governing body disapproves the issuance or transfer of the license, it shall notify the department within the time required by Subsection G of this section setting forth the reasons for the disapproval. A copy of the minutes of the public hearing shall be submitted to the department by the governing body with the notice of disapproval. If the governing body disapproves of the issuance or transfer of the license, the director shall disapprove the issuance or transfer of the license.

I. If the governing body approves the issuance or transfer of the license, it shall notify the department within the time required by Subsection G of this section of its approval. If the governing body approves of the issuance or transfer of the license, the director shall approve the issuance or transfer of the license."